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 Lok Ayukta 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 Sabh. 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.

Protests

Protests for Jan Lokpal Bill

A group of Delhi residents dressed in white shirts and t-shirts took a four-hour drive around the city on March 13, 2011 to support a campaign against corruption and the Jan Lokpal Bill.
On April 5, 2011, anti-corruption activist Anna Hazare began a fast unto death till Jan Lokpal Bill enacted Around 6,000 Mumbai residents also started a one-day fast to support the demand for implementation of the Jan Lokpal Bill. Protesters have chosen yellow as the color of protests. They were seen wearing yellow dresses, T shirts and having yellow banners. Protesters in different cities are co-ordinating to observe Yellow Sunday.
Hazare also announced plans to start a Jail Bharo Andolan protest on 12th April, 2011 if the Jan Lokpal bill is not passed by the government. Hazare stated that his group has received six crore (60 million) SMSes in its support. He is further supported by a large number of Internet activists.
The protests are not political in nature. Political leaders were discouraged by Hazare supporters from joining in his protests, as Hazare indicated his belief that these parties were using the campaign for their own political advantage.
Prominent non-political supporters


The response of prominent political parties and leaders is:
Bhartya Janta Party have extended support to the bill. The principal opposition demanded that the Centre convene an all-party meeting to discuss the Jan Lokpal Bill.
RLD chief Ajit Singh today expressed support to the anti-corruption campaign.
People's party of Punjab - Former Punjab finance minister Manpreet Singh Badal
Government response

The government has stated that it has not received the proposed bill copy. After the ‘fast unto death’ was announced by Anna Hazare, he was invited for talks by the PM, but the PM said the government has no time for corruption till May 13. To dissuade Hazare from going on an indefinite fast, the Prime Minister's Office have directed the ministries of personnel and law to examine how the views of civil society activists can be included in the Lokpal bill.
On the 5th April 2011, the National Advisory Council rejected the Lokpal bill draft of the government. Union Human Resource Development Minister Kapil Sibal met social activists Swami Agnivesh and Arvind Kejriwal on 7 April to find ways to bridge differences on the bill. Hazare's fast was supported by CPI(M). Politbeure of cpim issued a statement for demanding effective lokpal bill.

Criticisms for the Jan Lokpal Bill

Some people have expressed the opinion that the Jan Lokpal Bill is 'naive' in its approach towards combating corruption. According to Pratap Bhanu Mehta, President, Center for Policy Research, Delhi, the bill "is premised on an institutional imagination that is at best naïve; at worst subversive of representative democracy

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