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What is Jan Lokpal Bill?

The country today is in a state of uproar following the movement started by Respected Shri Kisan Bapat Baburao Hazare,popularly .....




  #1  
04-07-2011
Junior Member
 
: Apr 2011
: Bhubaneswar
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What is Jan Lokpal Bill?


The country today is in a state of uproar following the movement started by Respected Shri Kisan Bapat Baburao Hazare,popularly and affectionately known as Anna Hazare.This movement has been started following the sadness and laxness shown by the politicians in passing the Jan Lokpal Bill.
The Citizen's Ombudsman Bill which is commonly known as the Jan Lokpal Bill is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year.The bill has been drafted by Shanti Bhushan, former IPS Kiran Bedi, Justice N. Santosh Hegde, renowned advocate Prashant Bhushan, former chief election commissioner J. M. Lyngdoh in consultation with the leaders of the India Against Corruption movement and the civil society. The bill proposes institution of the office of Lokpal (Ombudsman) at center and Lok Ayukta at state level. Jan Lokpal Bill is designed to create an effective anti-corruption and grievance redressal systems at centre and to assure that effective deterrent is created against corruption and to provide effective protection to whistleblowers.
The bill has remained pending in the Rajya Sabha for the past 42 years.The first Lokpal Bill was introduced in the Lok Sabha in 1969 but could not get through in the Rajya Sabha.It was subsequently introduced in 1971,1977,1985,1989,1996,1998,2001,2005,and in 2008.Yet this bill was never passed.
A look at the salient features of Jan Lokpal Bill:

1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up

2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.

3. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.

4. The loss that a corrupt person caused to the government will be recovered at the time of conviction.

5. How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.

6. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month's time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.

7. But won't the government appoint corrupt and weak people as Lokpal members? That won't be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.

8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.

9. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.

10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.


The government however has a different stand on this bill
According to the government's draft:


1. The government Bill provides for nothing to recover ill-gotten wealth. A corrupt politician or bureaucrat can come out of jail and enjoy the money. The Jan Lokpal Bill seeks to recover from the accused the loss caused to the government due to corruption. It also increases punishment for the corrupt from a minimum of six months and a maximum of seven years to a minimum of five years and a maximum of life imprisonment.
2. The Jan Lokpal Bill seeks to empower the Lokpal to initiate probe suo motu and directly entertain public complaints. The government Bill requires complaints to be routed through the Speaker and the Rajya Sabha Chairperson.
3. The government Bill makes the Lokpal only an advisory body, vesting powers in the Prime Minister for action on its reports against cabinet ministers and in Parliament for action against the Prime Minister and MPs. The Jan Lokpal Bill gives the Lokpal powers to initiate prosecution after completing investigations. It also gives the Lokpal police powers to register FIRs, proceed with criminal investigations and launch prosecution.
4. It would be impossible for the Prime Minister to act against a cabinet minister on the basis of the Lokpal's report due to the compulsion of coalition politics. It gives the example of former telecom minister A Raja.
5. The Jan Lokpal Bill proposes merger of the Central Vigilance Commission with a part of the Central Bureau of Investigation (CBI) to create a single point of investigation in cases of corruption. The government Bill proposes to take away powers from the CBI to investigate politicians, thereby insulating them from investigations.
6. The government Bill gives power to the Lokpal to send to jail through summary trial anybody filing false and frivolous complaints, but it does not give the Lokpal power to send corrupt politicians to jail.
7. The government Bill proposes that all three Lokpal members should be retired judges, which could make retiring judges vulnerable to government influence just before retirement.
8. The government Bill proposes to have the Vice-President, the Prime Minister, leaders of both houses of Parliament, leaders of the Opposition in both houses, law minister and home minister in the selection panel for the Lokpal member. Barring the first one, the rest are politicians whose offices the Lokpal can investigate for corruption. Also, the committee will have a majority members from the ruling party or coalition.
9. Civil society has suggested that the committee consist of members with judicial background, the Chief Election Commissioner, the Comptroller and Auditor General and international awardees, like Nobel and Magsaysay awardees, of Indian origin.
10. It would become impossible for the Lokpal to investigate a case like the Bofors scam if the government Bill is enacted, as it proposes that the Lokpal will have no powers to probe a case against the Prime Minister, if the case deals with foreign affairs, security and defence.
11. The government Bill prescribes a time limit of six months to a year for the Lokpal to complete the inquiry. There is no time limit suggested for the completion of trial. The Jan Lokpal Bill, however, proposes that the investigations be completed within a year and the trial be over within the next year.
12. The government Bill gives no powers to the Lokpal to provide protection to those exposing political corruption, while the Jan Lokpal Bill empowers the Lokpal to provide protection to whistleblowers.

It can be clearly seen that the government's draft of the bill is an eyewash.

Let's join hands together to ignite the fire in every Indian to make this movement a success.


Source: www.indiaagainstcorruption.org
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  #2  
04-08-2011
Junior Member
 
: Apr 2011
:
: 1 | 0.00 Per Day

India cannot march towards progress with a limping leg, i.e corruption.. The system needs to be fixed. Lets play our part to pass this bill in fair and factual manner.. Lets bring the awareness and raise our voices.. Together we are a power and lets prove it..
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  #3  
04-08-2011
Junior Member
 
: Apr 2011
: Bhubaneswar
:
: 6 | 0.00 Per Day

please view this link to know about how prevailing corruption is in every level in india...
everyone in india is haunted by corruption you can see for yourself
http://indiaunheard.videovolunteers.org
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