Showing posts with label lok pal bill features. Show all posts
Showing posts with label lok pal bill features. Show all posts

Thursday, September 1, 2011

Anna fasting: leaves lasting impact on people’s lives

This is not the end, but a new beginning — this was the general mood on Sunday after Anna Hazare ended his fast. People at the Ramlila Maidan claimed that the movement has only inspired them to continue the revolution in their day-to-day lives.The movement, driven largely by undying public support and enthusiasm, has resulted in heightened awareness of corruption and how it has bled the country white. "I had planned to pay Rs 4,000 as bribe to clear an exam, as I felt I wasn't sufficiently prepared. But after participating in the movement, I have promised myself never to do it. I will not be corrupt," said Deepak Rathi, an engineer from Faridabad.Rahul Raghav, businessman, said: "The first step is not to pay bribe anymore. I own an HR consultancy firm, and most of the time, we have to pay bribes to hire consultants. But this will happen no more, even if I suffer losses. If everyone stops paying bribe, no one will face problems."A group of civil services aspirants present at the grounds claimed that the movement had inspired them to envision future where electoral reforms, decentralization of power and direct involvement of people in nation building was possible. "I am impressed to see that a change at such a mass level could be brought about through the united effort of the common people. Perhaps it has helped to make many people less cynical about life. The movement has certainly given the youth an adrenaline rush," said Dhruva Sharma of the group.Megha Nand Lakhera, who had come with her husband and three-year-old daughter to celebrate the "people's win", said: "Now we will not ignore everyday corruption that we tolerated earlier: be it at ration shops or in public transport. These small things will make a difference, and we have brought our daughter along, hoping that we will be able to educate her for a better tomorrow."

Tuesday, August 30, 2011

Jan Lok Pal: Salient features and amendment.


The word Lokpal was coined in 1963 by L.M.Singhvi, a Member of Parliament during a debate in Parliament about grievance redressal mechanisms. His son Dr. Abhishek Singhvi is now the head of the Parliamentary Standing Committee reviewing the bill. The prefix Jan (translation: citizens) was added to signify the fact that these improvements include input provided by "ordinary citizens" through an activist-driven, non-governmental public consultation. The Lokpal bill was first introduced by Shanti Bhushan in 1968 and passed the 4th Lok Sabha in 1969. But before it could be passed by Rajya Sabha, Lok Sabha was dissolved and the bill lapsed. The Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, but none of them passed. The bill was inspired by the Hong Kong Independent Commission Against Corruption (ICAC).Key features of proposed bill

Some important features of the proposed bill are:
To establish a central government anti-corruption institution called Lokpal, supported by Lokayukta at the state level.
As in the case of the Supreme Court and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet Secretary and the Election Commission. As a result, it will be completely independent of the government and free from ministerial influence in its investigations.
Members will be appointed by judges, Indian Administrative Service officers with a clean record, private citizens and constitutional authorities through a transparent and participatory process.
A selection committee will invite short-listed candidates for interviews, videorecordings of which will thereafter be made public.
Every month on its website, the Lokayukta will publish a list of cases dealt with, brief details of each, their outcome and any action taken or proposed. It will also publish lists of all cases received by the Lokayukta during the previous month, cases dealt with and those which are pending.
Investigations of each case must be completed in one year. Any resulting trials should be concluded in the following year, giving a total maximum process time of two years.
Losses caused to the government by a corrupt individual will be recovered at the time of conviction.
Government officework required by a citizen that is not completed within a prescribed time period will result in Lokpal imposing financial penalties on those responsible, which will then be given as compensation to the complainant.
Complaints against any officer of Lokpal will be investigated and completed within a month and, if found to be substantive, will result in the officer being dismissed within two months.
The existing anti-corruption agencies (CVC, departmental vigilance and the anti-corruption branch of the CBI) will be merged into Lokpal which will have complete power and authority to independently investigate and prosecute any officer, judge or politician.
Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it.

Highlights
Difference between Jan Lokpal Bill and Draft Bill 2010
Jan Lokpal Bill (Citizen's Ombudsman Bill)Draft Lokpal Bill (2010)
Lokpal will have powers to initiate suo motu action or receive complaints of corruption from the general public.Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
Lokpal will have the power to initiate prosecution of anyone found guilty.Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".
Lokpal will have police powers as well as the ability to register FIRs.Lokpal will have no police powers and no ability to register an FIR or proceed with criminal investigations.
Lokpal and the anti corruption wing of the CBI will be one independent body.The CBI and Lokpal will be unconnected.
Punishments will be a minimum of 10 years and a maximum of up to life imprisonment.Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years



Details

The following table details differences between the Government and activist backed versions.
Comparison SlideShow uploaded by India Against Corruption.
IssueThe Jan Lokpal BillGovernment's Lokpal Bill
Prime MinisterPM can be investigated with permission of seven member Lokpal bench.PM can be investigated by Lokpal after she/he vacates office.
JudiciaryCan be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench.Judiciary is exempt and will be covered by a separate "judicial accountability bill".
Conduct of MPsCan be investigated with permission of seven member Lokpal bench.Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated.
Lower bureaucracyAll public servants would be included.Only senior officers (Group A) will be covered.
Anti-corruption wing of the Central Bureau of Investigation (CBI)The Anti-corruption wing of the CBI will be merged into the Lokpal.The Anti-corruption wing of the CBI not be merged into the Lokpal.
Removal of Lokpal members and ChairAny person can bring a complaint to the Supreme Court, who can then recommend removal of any member to the President.Any "aggrieved party" can raise a complaint to the President, who will refer the matter to the CJI.
Removal of Lokpal staff and officersComplaints against Lokpal staff will be handled by independent boards set-up in each state, composed of retired bureaucrats, judges, and civil society members.[17]Lokpal will conduct inquiries into its own behaviour.[17]
LokayuktaLokayukta and other local/state anti-corruption agency would remain in place.All state anti-corruption agencies would be closed and responsibilities taken over by centralised Lokpal.
Whistleblower protectionWhistleblowers are protected by Lokpal.No protection granted to whistleblowers by Lokpal Mahima.
Punishment for corruptionLokpal can either directly impose penalties, or refer the matter to the courts. Penalties can include removal from office, imprisonment, and recovery of assets from those who benefited from the corruption.[17]Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current law.[17]
Investigatory powersLokpal can obtain wiretaps ( to make a connection to a telegraph or telephone wire in order to obtain information secretly), issue rogatory letters, and recruit investigating officers. Cannot issue contempt orders.Lokpal can issue contempt orders, and has the ability to punish those in contempt. No authority to obtain wiretaps, issue rogatory letters, or recruit investigating officers.
False, frivolous and vexatious complaintsLokpal can issue fines for frivolous complaints (including frivolous complaints against Lokpal itself), with a maximum penalty of Rs 100,000.Court system will handle matters of frivolous complaints. Courts can give 2–5 years imprisonment and fines of Rs 25,000 to 200,000.
NGOsNGOs not within the scope due to their role in exposing corruption.NGOs are within the scope and can be investigated.

Anna Hazare Interview