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Lokpal Bill

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Lokpal Bill difference with government
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  • Added: August, 22nd 2011
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  • Tags: politics, anna, india
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Content Preview
ISSUES WITH LOKPAL BILL
Critical Issues - Prime Minister
JAN LOKPAL DRAFT
GOVERNMENT'S JOKE PAL
Lokpal should have power to investigate allegations
of corruption against P.M.
PM kept out of Lokpal's purview
Special safeguards provided against frivolous &
mischievous complaints
Critical Issues - Judiciary
Lokpal should have power to investigate allegations
of corruption against judiciary.
Judiciary kept out of Lokpal's purview.
Special safeguards provided against frivolous &
mischievous complaints
Critical Issues - MPs
Lokpal should be able to investigate allegations that
Government has excluded this from Lokpal's
any MP had taken bribe to vote or speak in
purview.
Parliament
Critical Issues - Grievance Redressal
Violation of CITIZEN'S CHARTER (if an officer does
not do a COMMON MAN'S work in prescribed time)
No penalties proposed. So, this will remain only on
by an officer should be penalized and should be
paper
deemed to be corruption.
Critical Issues - CBI

Anti-corruption branch of CBI should be merged into
Government wants to retain its hold over CBI.
Lokpal.
With 5 out of 10 members from ruling

Broad based selection committee with 2 politicians, 4
establishment, 6 politicians in selection
judges and 2 independent constitutional authorities.
committee, ensured that only pliable & weak

An independent search committee consisting of retired
people be selected.
constitutional authorities to prepare first list.
Search committee to be selected by selection
A detailed transparent selection process with PUBLIC
committee.
PARTICIPATION

No selection process provided.
Critical Issues - Accountability (Lokpal Members)
Accountable to the PEOPLE
Any Citizen can make a complaint to Supreme Court
and seek removal.
Accountable to the Government. Only government
Judicial review over the actions of the Lokpal by the
can seek removal of Lokpal
High Courts under Article 226 and the Supreme
Court under Article 32 and 136
Critical Issues - Accountability (Lokpal Staff)
Complaint against Lokpal staff will be heard by an

Lokpal itself will investigate complaints against its own
independent authority
staff, thus creating serious conflicts of interest.
Critical Issues - Method of Enquiry
CrPC being amended Special protection to the accused


After preliminary enquiry, all evidence provided to the
Method would be the same as provided in CrPC like
accused & hearing for why an FIR should no be regd.
in any other criminal case.
against him.
After preliminary enquiry, an FIR will be registered.

After completion of investigations, again all evidence
After investigations, case will be presented before a
provided & hearing for why a case should not be filed
court, where the trial will take place.
against him in the court.
During investigations, if investigations are to be started
against any new persons, they would also be presented
with all evidence against them and heard.

Critical Issues - Lokayukta
JAN LOKPAL DRAFT
GOVERNMENT'S JOKE PAL
The same bill should provide for Lokpal at centre
Only Lokpal at the centre would be created
and Lokayuktas in states
through this Bill.
Critical Issues - Whistleblower Protection
Lokpal will be required to provide protection to whistle
No mention in this law.
blowers, witnesses and victims of corruption.
Critical Issues - Special Benches in HC
High Courts will set up" special benches to hear
No such provision
appeals in corruption cases to fast track them.
Critical Issues - CrPC
On the basis of past experience on why anti-
corruption cases take a long time in courts and why
do our agencies lose them, some amendments to

No included
CrPC have been suggested to prevent frequent stay
orders
Critical Issues - Dismissal of Corrupt Government Servant
After completion of investigations, in addition to
filing a case in a court for prosecution, bench of

The minister will decide whether to remove a
Lokpal will hold open hearings and decide whether
corrupt officer or not.
to remove the government servant from job.
Critical Issues - Punishment

Maximum punishment is ten years

Higher punishment if rank of accused is higher

None of these accepted. Only maximum

Higher fines if accused are business entities
punishment raised to 10 years.
If successfully convicted, a business entity should be
blacklisted from future contracts.
Critical Issues - Financial Independence
Lokpal 11 members collectively will decide how

Finance ministry will decide the quantum of budget
much budget do they need.
Critical Issues - Prevent ongoing Corruption
Lokpal will have a duty to take steps to prevent
corruption in any ongoing activity, if brought to his

No such duties and powers of Lokpal
notice. If need be, Lokpal will obtain orders from
High Court.
Critical Issues - Tap Phones
Lokpal bench will grant permission to do so

Home Secretary would grant permission
Critical Issues - Delegation of Powers

Lokpal members will only hear cases against senior
officers and politicians or cases involving huge amounts.

All work will be done by 11 members of Lokpal.
Rest of the work will be done by officers working under

Practically no delegation.
Lokpal
Critical Issues - NGOs

All NGOs, big or small, even unregistered, are
Only government funded NGOs covered
covered.
Critical Issues - False, Frivolous & Vexatious Complaints

2-5 years of imprisonment & fine,

The accused can file complaint against complainant in
No imprisonment, only fines on complainants.

a court.
Lokpal will decide whether a complaint is frivolous

Prosecutor and all expenses of this case will be
or vexatious or false.
provided by the government to the accused

The complainant will also have to pay a compensation
to the accused


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