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Jan LokPal Bill – Summary and Guide to India’s Civil Society Anti-Corruption Bill Deserves Our Support

48 Comment

The Jan LokPal Bill is supposed to be the answer to India’s massive endemic corruption which strikes daily in the form of a new scam or scandal.The government has proven to be woefully inadequate in taking on the corrupt politicians,bureaucrats and businessmen.This corrupt nexus has been repeatedly exposed and its structure exposed through the Nira Radia Tapes.The Indian administration has shamefully failed to take action only promising to do something without doing anything worthwhile.The Indian Judiciary has also castigated the government numerous times for its abject failure in the 2G Telecom Scam,Black Money Scandal etc.However the government instead of strengthening anti-corruption measures has only put obstacles in the way.Its no wonder when the committee meant to look after the Bill comprises of ministers tainted with a number of scams themselves.Anna Hazare has held a fast unto death to put pressure on the government to pass the draft bill but the Minister appear unconcerned.Here is a short summary and guide to the main points of the Jan LokPal Bill which IMHO deserves the support of the whole Indian civil society.

What is the Jan Lok Pal Bill – The bill has been drafted by eminent members of the civil society like Prashant Bhusan,Kiran Bedi,Lyngdoh and other. The bill proposes institution of the office of Lokpal at the federal level and Lok Akyukta at sthe tate 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.This has been done after the government of India has failed to pass the Lokpal Bill for 42 years reflecting the systemic corruption as the members of the legislature don’t want their powers to be curbed and their actions made accountable.

Main Points

1)   There shall be an institution known as Lokpal which shall consist of one Chairperson and ten members along with its officers and employees. The Lokpal shall be headed by its Chairperson.The Government will appoint the members of the Lokpal though  Chairperson and members of Lokpal shall not be serving or former member of either the Parliament or the Legislature of any State and shall not hold any office or trust of profit

2) Funding – There shall be a separate fund by the name of “Lokpal fund” in which penalties/fines imposed by the Lokpal shall be deposited and in which 10% of the loss of Public Money detected/prevented on account of investigations by Lokpal shall also be deposited by the Government.

The administrative expenses of the office of the Lokpal including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of India.

3) Appointment of the Lokpal A selection committee consisting of the following shall be set up which will have reprsentatives from the government,judiciary and civil socieity.The members shall have unimpeachable integrity with 4 members from the legal background.

4) Powers of Lokpal

a) Initiate prosecution against public servants as well as those private entities

b) Order cancellation or modification of a license or lease or permission or contract

c) Blacklist the concerned firm or company or contractor

d)Take necessary action to provide protection to a whistleblower

e) Suo moto initiate appropriate action under this Act

f) Power to Issue Search Warrants

g) For the purpose of any such investigation (including the preliminary inquiry) the Lokpal shall have all the powers of a civil court

h) Lokpal to be a deemed police officer

i) , Lokpal may decide to impose a fine on the officials responsible for the non-compliance of its orders.

j) Assess Number of Special Judges for Corruption in an Area

k) Power to issue Letter of Rogatory

5) Functioning of Lokpal – Lokpal shall function in benches of three or more members.Chairperson shall be responsible for overall administration and supervision of the institution of Lokpal.

6) Punishments for offences: For offences mentioned in Chapter III of Prevention of Corruption Act, punishment shall not be less than five years which may extend upto life imprisonment.

Provided that if the accused is any officer of the rank of Joint Secretary in the state or above or a Minister, the punishment shall not be less than ten years

Summary

The Jan LokPal is a stringent law against corruption and will to strict and hard punishment for corruption doers while protecting whistle-blowers.This Law will be opposed tooth and nail by the executive and the legislature as it meant to punish wrong doers amongst them mainly.Note these 2 arms of the government are endangering Indian democracy with their flagrant violations of the law and massive corruption which has undermined the confidence of the Indian state amongst its citizens.I don’t see much hope that this Law will get passed but it deserves the support of every responsible citizen.

PG

Abhishek Shah

48 Responses so far | Have Your Say!

  1. Kushal

    We r with this bill why govt hesitated to pass it

  2. govind

    While welcoming the Jan lok pal bill drafted by eminent personalities of India, the people are interested in knowing what is the wrong with the preset system. If the system is a failure then first scrap this particular system and induce a new system. After all any system is to be operated by us only including civil people and officers in chair, Later they may also get corrupted then what happens. I wish the punishment given shall be advertised more on news channels and time and again shall be advertised how they are suffering after punishment then perhaps a change can be brought in the minds of the people.

  3. vidyasagar tiwari

    we all are with anna hazre, one more item to be added to jan lokpalbill
    all public servant’s properties and job are to be accountable to common man.

  4. Abhishek Shah

    I think the provisions in the Jan Lokpal are needed because the corruption and rot in the system has become extreme and perhaps it requires a very strict legislation to correct the imbalance

  5. kuldeep gupta

    i m with anna kaka.and we all indian have to support so our next gen proud on us.and now time has come when all we 121 crore indian have to support anna kaka.when east india was in india was there they was more than 1 lacs.and we pull them out with using any weapon.and today only 800 to 1000 minister was there who are rilling 121crore.

  6. Abhishek Shah

    Kuldeep,
    Good comment
    Abhishek

  7. sk lau

    i ffully support this bill, why the Govt. is hesitant to pass this bill This bill will built the national character which is deteriorating .

  8. subash

    Hi

    We support this bill. In spite of this some few more modification is required to this bill.

    1.If the crime is proved a normal Cell has to be given to the criminal.(i.e no special cells should be give. It should be c class cell)

    2. The Case should be executed in front of public. A separate TV channel ,Paper, webpage should be started for this purpose and it has to go on live. Paper should be provided with the final judge statements.

    3. Rights to information act cases should be added along with this.

    4. If a crime is proven, the corresponding person should not be eligible to contest in election nor he is eligible for any government related exemptions/jobs etc.*based on the crime.

    5. If any loss to the county is made due to the crime(i.e. like A. Raja) his property & liquid funds should be taken as government fund and use for compensating the loss for the county. Even the persons related to this cases property should be made as counties national fund.

    6.This body can interfere to any activity of the county.(i.e election process, public sector exams, Educational system ,Politicians Funds in other international bank ect ).

  9. SACHIN

    India’s New Anthem
    http://www.youtube.com/watch?v=AD_XtW08ikg

    Nice song too … Tum chalo toh hindustan chale !

    Join Anna Hazare in fast unto death to demand anti-corruption law
    http://www.facebook.com/event.php?eid=198421130191214

    Apt for this anti-corruption movement … This should be our anthem ! (Thanks TOI … a really good one !)

  10. leena

    all the best….
    travel strats with single foot step …
    this travel agaist corruption strated now

  11. k s subramanian

    Pranab Mukherji has warned that this bill has to go through various stages and there will be oppositions.. Hazare and his team should take note of this ( they are aware of this already). They should start collecting data of black money invested in benami deals by politicians/babus/govt.officials through their grass root volunteers/whistleblowers. the data so collected can be used to vercome the objections likely to be raised at various lebvels

  12. Kuldeep Yadav

    I am ok with all point discuss in Lok Pal Bill. Congrees Team can explain why they are not passing the bill in same format.

  13. Ajay kumar

    Aap logo ka bahut dhanyawad ke aap logo ne aam admiyo ke taklib ko samajhte hooa ek wardan maga hai ie ”jan lok pall” mera yha sujho hai ki, in netao glat fami hai ki hum log unhe pasand karte hai aur vote dete hai par yea such nahi hai hamare pas koi vikalp nahi hota hai.kavi parti achi hoti hai to candidet nahi and vice-versa.mai soch ta hu ke voting ke time ek buttom rastrapati sasan ka ho agar log rastrapati sasan ko chunti hai to baki savi candites ko 15 years ke liya band laga dana cahiya due to this parivarwadpad par v rok lagega aur agle ko v mauka milega (parivarwad like neharu,indra, rajiv, sunjay,menka varun ,prinka,sonya,rahul, and so on ,next sunil dutt,sunjay ,lalu,rawari,tejuswani; ramvilash,chirag.

  14. ramashray singh

    It is right time for any political party to realize that public have lost faith in them.congress being ruling party has a good chance to prove its credential by accepting anna hazare ,s team draft.since corruption flows from top to bottom all top post like pm ,chief justice, cbi director and all mp must come under jurisdiction of lok pal.even if low post be left then also corruption can be checked if honesty prevails on the top post.

  15. V.S.Randive

    Dear sirs
    I fully endorse your view of covering,Judiciary under Lokpal Bill.
    I earnestly feel that Govt should stop appointing Retired Judges on various commissions,Tribunals,Enquiry commissions etc.This leads to curry favour from the Govt in the last few years of their tenure and therefore their Judgements are likely to be biased.I feel that these commissions etc should be headed by on the jobs Judges.
    If Govt finds it difficult to get new competent Judges to man the Judiciary why can not they increase the retirement age of the High court and Supreme court Judges to 75 years as in any case majority of the commision or tribunal heading judges are almost of that age.
    Many of the leading Lawyers in the country are practising after age of 75years. Therefore
    increasing the retirement age of the Judges to avoid appointing Retired Judges as commision heads can be avoided.This is necessary to stop politicians from influencing
    Judiciary
    Randive

  16. vimal k. umrao

    we are with u we can support u moraly and by these useless means like msg,email etc. becoz we are common man we are only fighting against our surivial. if one give me assurence for my family common life we even can die for this holy deed.

  17. SHALINI CHAUHAN

    hum hamesha se anna ji k sath thy or in desh drohi netao k khilaf hamesha rahange jo dheere dheere desh ko khokla kr rhe hai, or is disha m anna ji k support mai hum hamesha unke sath chalange

  18. SHALINI CHAUHAN

    plzzzzzzzzzzzzz desh wassiyo jago or in desh drohi netao k khilaf aawaj uthaoooooo

  19. RK Singh

    We are with Anna Hazare but my only question is that why civil society people have exempted Military from the Jurisdiction of the LokPal?Are they trying to say that no curruption exist in Defence forces. i am a member of Defence forces i know the exact situation. Without inclusion of military Lok Pal bill is not complete anti corruption bill We the people(personnel below officers rank) against this exclusion of military. Some people with vested interest are working with Team Anna, and it is not in the interest of india. JAI HIND

  20. suman

    anna u rock..i support u..jai hind..

  21. bhushan

    corruption had been eating the roots of our country since a long time. People were clueless abt wat to do. So that is d reason someone like anna hazare required to initiate a movement like dis and i am thankful to u for dat

  22. ashwin

    every thing’s ok with the bill, but there should b some sivear guide line to hang the proven currupted person.

  23. neelam radhika sundari

    i pray to god to help our anti-corrupted fighters to win the difficult race.if this bill pass our country will be most power in the world in all aspects.even corruption for giving birth and death certificates.if i have chance to punish i will see their last.

  24. Dr.Khemraj Sonwani

    It is need of today ,to interrupt the corruption.

  25. jeet thapa

    Anna we are with you pls fight for our freedom this is the new begining of new india.This time these are more Dangerous than east india company Beacause this time these are indian we cant find easily the real corrupted people.so pls remove corruption and give us the lokpal which by us for us.it is our need

  26. avinassh

    Hello i will join the force if the politicians of Maharashtra look from where do they get so much funds to put banners, flags hording at the size at large in only andheri for the politicians birth day there r more then 1,00,000 flags 10,000 hording they say the party spotters give funds the common man doesn’t have money to eat and he gives the money what bull is this politicians who started from zero today have millions with hotels flats bungalows a/c cars dogs that eat 1000 rupee a day where do they get the money from first look at this where do they have cores to educ there children in usa and uk and v slogging also earn 5000/ 8000 at the most

  27. suyash srivastava

    Aaj har aam insaan corruption ke khilaaf kadam uthane se darta hi, agar kisi ne ye himmat dikhayee hi to hame har tarah se uska support karna chahiye jisse bad me hame pachtava na ho. I support Anna in all respect.

  28. Karan

    I am support Anna with all respect.

  29. Sainand.Kalburgi

    Indians will get real freedom after the eradication of corruption. I support Anna with wholly n solelly. Jai Hind, Jai Bharta Mata,

  30. Ritesh

    Sir mai Shri Anna Hazaare ji ka satyagrah regular TV par dekh raha hoo aur meri dil se dua hai ki woh apne maqsad me jaroor kamyaab ho. Jis taraha Gandhiji ne hume Angrejo se aazadi dilayi usi taraha Annaji hume corruption se mukti dilaayen.
    Jo log unhe support karne waha pahuche hai jo unke saath ansan me saamil hai, is baarish mai unke raat gujaarne ke liye tent ki vyawastha honi chahiya. Aaj maine TV par dekha ek saksh keh rahe the yaha tent isliye nahi laga kyoki fund nahi hai,iskeliye 3 crore rs ki zaroorat hai. Agar Government ye kaam nahi kar sakti to Bharat ki janta to kar sakti hai. Bade Bade reality show me,game show me sms ke dwara fund collect kiya jaata hai. Mera aapse nivedan hai ki aap bhi sms ke dwara fund collect kare aur tent lagaye, jisse jo log waha maujood hai unhe baarish mai sir chupaane ki jagha mil sake aur is satyagrah mai baarish ke karan unka hausla na toote.

    Hum bhi ek bhrastachaar mukt desh chahte hai, jaha hum apni baat khulkar kahe sake.
    Mai ishwar se prarthna karta hoo ke Annaji swasth rahe aur bhrastachaar mukt desh banane ka unka aur deshwasiyon sapna jaldi poora ho.

  31. PANKAJ

    Indians will get real freedom after the eradication of corruption.i support anna hazare and i prayer to god we won this war.
    hum bhi ek bhrastachaar mukt desh dekhna chahta hu taki young genration ko future mein koi problem na aaye aur jaha hum aapni baat khul kar keh sake.
    kahi par bhi ghoos khori na ho. Anna ji swasth rahe aur bhrastachaar mukt desh ke logo ka sapna jald poora ho.

    JAI HIND

  32. Debajit

    It is high time to implement the Rule without further delay. I think this will boost the national character, by the same time it should also be informed widely about the clauses, if Lokpal become corrupt.

  33. smitha suresh

    Why defense and isro is excluded form lokpal bill. Just bcoz anna hazare is ex-serviceman?

  34. Ratan Acharya

    I STRONGLY SUPPORT THIS TYPE OF BILL WHICH PUNISHES CURRUPT PEOPLE

  35. Mulji Shah

    This government is not a strong one, Still they have not given punishment to the atakwadi who are in the jail, and order by SC to hang, How can we except from this government to pass strong Lokpal Bill?

  36. hitesh

    goverment is inresponsibal.ministar think they are the ‘malik’ of this country.they themsalve courrpet so that they fear to introduce a strong and effectiv lokpal bill

  37. Manish

    bhagwan bachao desh ko …..
    janta ka support is always with u anna

  38. Y. SRINIVASA RAO

    My wish is very simple that President Ruling start karo, and all Political Leader’s ke ghar per Chapa Maro – India ka rukh(Fate) badal dalo – it will balance other side desh ka Garibi Hatao……….! HOSAKTA HAI ? – Y.S.R.

  39. s. kumar

    ok but i want to know what about our chairperson of lokpal

  40. s. kumar

    ok but i want to know what about our chairperson of lokpal committee if he willnot prove his loyalty

  41. Nirav

    Sonia Gandhi has gone out form India not for surgery, but for settling the black money accounts of Swiss of all congress leader.Right from top till bottom all the leaders are corrupted.India’s name is down and behind just because of corrupted leaders.India is called “corrupt” country just because of them.Lok pal bill is must………..

  42. Pro Indian democracy

    I appose jan lok pal bill. It is a overly simplified solution to a very important problem. Corrupt people will be there where power is. If Jan lok pal bill is so powerful , corrupt people will be in lok pal also. Only with jan lok pal they don’t even have to contest elections.
    Jan lok pal is direct route to immense power for corrupt people.

  43. Lalji Bagul

    I have gone through both the contents of bills and find that the Govt. bill is more elaborate and cover Higher ups in Central Govt. If all Central Govt. employees are brought within per view the focus will be on lower machinery, for which Vigilance Commission is there. If Lokpal controls higher ups the down machinery will get control. Hence instead of delaying the the present Govt. bill let the organisation function and then strengthen by amending the Act. Judiciary Cannot be under as the Lokpal is creation of Parliament and Judiciary is Constitution body. The Govt. bill provide for independent investigation machinery hence CBI has no roll to play.

  44. A A KHAN

    HOPE IT WILL HELP TO AAM AADMI LIKE ME TO AVOID CORRUPTION IN DAILY ROUTINE LIFE AND WE CAN LIVE INDEPENDENTLY.

  45. PRAKASH.KM,KARNATAKA,MANDYA DISTRICT,NAGAMANGALA TALUK,KURUDIKERE VILLAGE.

    I MY NAME IS PRAKASH KARNATAKA LOKPAL BILL SHOULD BE NEEDEED OUR NATION,BECAUSE MINISTERS,PUBLIC SERVENTS,BUSINESS MEN BLACK MONEY AND THEIR PROPERTY PROSECUTION AUTHORITY AND DIRECTLY UNDER TAKEN BY GOVT WITHOUT ANY COMPROMISE FOR IN ANY POWER .

    I AM ALSO ONE SUPPORTERS IN ANA HAZARE LOKPAL BILL.

  46. KANTA JAIN

    ANNA HAZARE JI ON CONTINUOUS FAST. OUR MINISTRY WAS WAITING FOR 9TH DAY THINKING THE EFFORTS OF FIGHTER AGAINST CORRUPTION WILL GO DOWN AND THAT MIGHT BE REASON OF MAKING DELAY IN TAKING DECISION ON SOLUTION OF PROBLEM. BUT MINISTRY IS NOT AWARE OF THAT WHO HAD ELECTED THEM. IF PEOPLE KNOW TO ELECT THE LEADER, THEN THEY ALSO KONW TO CALL BACK THE LEADER TO THEIR HOME. SO THE MINISTRY SHOULD AWAKE NOW.

  47. Rajratan

    why anna hajare was not doing andalolan in N.D.A govt.priod ? But lokpal bill will must be pass in this winter sesson.But this govt. lokpal bill is better than the before bill.I hope anna will not sitting on27 DEC.

  48. Jiten Kumar Mohapatra

    Pyare deshwasiyon, ab waqt aa gaya hai ki apni shoi hui vivek ko jagao, na bura karo, na hi burai ka sath do, burai ke khilap awaz uthao, yeh hi sachchi desh bhakti hai.