Jan Lokpal Bill
The
Jan Lokpal Bill , also referred to as the
citizens' ombudsman bill, is a proposed anti-corruption law in India. It was proposed by anti-corruption social activists as a more effective improvement to the original
Lokpal bill which is currently being proposed by the the Government of India
. The prefix
Jan (translation: citizens) was added to signify the fact that these improvements include inputs provided by the ordinary citizens through a activist driven non-governmental public consultation
.
The Jan Lokpal Bill aims to effectively deter corruption, redress grievances of citizens and protect whistle-blowers. If made into into law, the bill seeks to create an independent ombudsman body similar to the Election Commission of India called the
Lokpal (Sanskrit:
protector of the people). It will be empowered to register and investigate complaints of corruption against politicians and bureaucrats without prior government approval
. First introduced in 1968
, the bill has failed to become law for over four decades.
In 2011, Gandhian rights activist Anna Hazare started a Satyagraha movement by commencing a fast unto death in New Delhi to demand the passing of the bill. The movement attracted attention in the media, and thousands of supporters. Following Hazare's four day hunger strike, the Indian Prime Minister Manmohan Singh stated that the bill would be re-introduced in the 2011 monsoon session of the Parliament
.
Accordingly, a committee of five Cabinet Ministers and five social activists attempted to draft a compromise bill merging both the version but failed. The Indian government went on to propose its own version in the parliament, which the activists reject on the grounds of not being sufficiently effective.
Background
The Lokpal bill was first introduced by Shanti Bhushan in 1968
and passed in the 4th Lok Sabha in 1969. But it did not get through in the Rajya Sabha, the upper house of the Parliament of India. Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008,
but none of them passed.
Renewed calls for the bill arose over resentment of the major differences between the draft 2010 Lokpal Bill prepared by the government and that prepared by the members of the associated activists movement — N. Santosh Hegde, a former justice of the Supreme Court of India; Lokayukta of Karnataka; Shanti Bhushan; Arvind Kejriwal; Prashant Bhushan, a senior lawyer in the Supreme Court; and members of the India Against Corruption movement.
The bill's supporters consider existing laws too weak, full of contradictions and insufficiently empowered to combat corruption.
On the other hand, critics of the Jan Lokpal Bill argue that the bill attempts to supercede existing constitutional bodies and attempts to create a super-institution with sweeping powers, which can be dangerous for the future of democracy
.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 shortlisted 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.
