Friday, April 8, 2011

jan lokpal bill


In India, the Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill that would create a Jan Lokpal, an independent body like the Election Commission, which would have the power to prosecute politicians and bureaucrats without government permission.

The bill was drafted by Shanti Bhushan, former IPS Kiran Bedi, Justice N. Santosh Hegde, 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 Lokayukta at state level. The Jan Lokpal Bill is designed to create an effective anti-corruption and grievance redressal systems and to assure that an effective deterrent is created against corruption and to provide effective protection to whistleblowers.

The Lokpal Bill drafted by the government has failed to pass the Rajya Sabha for 42 years. The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but could not get through in Rajya Sabha. Subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008. Yet none of these bills were ever passed.

Background

The movement for Jan Lokpal Bill started due to the resentment because of the serious differences between the draft Lokpal Bill 2010 prepared by the government and the Jan Lokpal Bill prepared by the members of this movement, which has received significant public support. Supporters of the bill consider existing laws to be too weak and insufficiently enforced to stop corruption.

Key features of proposed bill

A central government anti-corruption institution called "Lokpal", supported by state institutions called "Lokayukta" will be set up

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

Members will be appointed by judges, private citizens, and constitutional authorities through a transparent and participatory process.

Investigations in each case will have to be completed in one year. Trials should be completed in the following year, meaning the total process will take place within two years.

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

Help to 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.

Any complaint against any officer of Lokpal shall be investigated and, if found to be substantive, will result in the the officer being dismissed within two months.

The existing anti-corruption agencies(CVC, departmental vigilance and the anti-corruption branch of CBI) will be merged into Lokpal. Lokpal will have complete powers and authority to independently investigate and prosecute any officer, judge or politician.

The agency will also provide protection to whistleblowers who alert it of potential corruption cases.

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