Lokpal Bill
After 42 years, the
Jan Lokpal Bill is still pending in India. 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 they were never passed and its pending.
[1][2]
The Lokpal Bill provides for filing complaints of corruption against the prime minister, other ministers, and MPs with the ombudsman. The
Administrative Reforms Commission (ARC) while recommending the constitution of Lokpal was convinced that such an institution was justified not only for removing the sense of injustice from the minds of adversely affected citizens but also necessary to instill public confidence in the efficiency of administrative machinery. Following this, the Lokpal Bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969.
However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved so the bill was not passed at that time. The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and most recently in 2008. Each time, after the bill was introduced to the house, it was referred to some committee for improvements - a joint committee of parliament, or a departmental standing committee of the Home Ministry - and before the government could take a final stand on the issue the house was dissolved. Several flaws have been cited in the recent draft of the Lokpal Bill.
[3] Meanwhile the activists of
India Against Corruption (IAC) have prepared a draft for the bill called
Jan Lokpal Bill.
[2]
[edit] History
The basic idea of the Lok Pal is borrowed from the office of ombudsman, which has played an effective role in checking corruption and wrong-doing in
Scandinavian and other nations. In early 1960s, mounting corruption in public administration set the winds blowing in favour of an Ombudsman in India too. The Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of a two-tier machinery - of a Lokpal at the Centre, and Lokayukta(s) in the states.
[edit] Duties
Prime Minister or a House of Parliament — to whom a Lokpal sends its report holds that the allegations of corruption made in a complaint against the Prime Minister, or a Minister or MP (present or past) have not been proved, "notwithstanding anything contained in any other law", "no prosecution shall lie on any complaint, report, information or otherwise and no court shall take cognisance of any offence on the basis of the same or substantially the same allegations." The Lokpal is empowered to give directions for deferring or suspending any ongoing police investigations in matters covered by the complaints made to it.
[edit] Criticism
The Lokpal bill is intended to provide the common man with direct powers to censure his/her elected representative. However, every complainant has to pay a fees and take full responsibility for leveling charges. In case the complaint is found to be baseless, punitive action extending to two years in jail and monetary fine of up to Rs.50,000 may be imposed on the complainant.
Charges of corruption in the Indian legal system are not necessarily covered only under the uii.
Regarding the constitution of the Lokpal, the Chairman of the Lokpal shall be from among past or present chief justices of Supreme Court. But the other two members of the Lokpal may also be from those qualified to be judges of the Supreme Court. The loose end left here makes countless many from India’s entire judiciary eligible for the post including those who are also senior party politicians with legal background.
[edit] Latest Development
Anna Hazare, a
Gandhian rights activist, has started a fast until death to demand the passing of the bill. Since the Government has responded positively with some minor changes in his demands ,Hazare on 9 April 2011 called off his hunger strike bringing to an end his 98-hour protest after government issued a gazette notification constituting a 10-member Joint Committee of ministers and civil society activists, including him, to draft an effective
Jan Lokpal Bill. The Lokpal Bill is likely to be passed by 15 August 2011.
[edit] Differences between Draft Lokpal Bill 2010 and Jan Lokpal Bill
| Draft Lokpal Bill (2010) | Jan Lokpal Bill (Citizen's Ombudsman Bill) |
| Lokpal will have no power to initiate suo moto action or receive complaints of corruption from the general public. It can only probe complaints forwarded by LS Speaker or RS Chairman. | Lokpal will have powers to initiate suo moto action or receive complaints of corruption from the general public. |
| Lokpal will only be an Advisory Body. Its part is only limited to forwarding its report to the "Competent Authority". | Lokpal will be much more than an Advisory Body. It should be granted powers to initiate prosecution against anyone found guilty. |
| Lokpal will not have any police powers. It can not register FIRs or proceed with criminal investigations. | Lokpal will have police powers. To say that it will be able to register FIRs. |
| CBI and Lokpal will have no connection with each other. | Lokpal and anti corruption wing of CBI will be one Independent body. |
| Punishment for corruption will be minimum 6 months and maximum up-to 7 years. | The punishment should be minimum 5 years and maximum up-to life imprisonment. |
| Lokpal will not be a monopoly for particular area. |
[edit] See also
[edit] References
[edit] External links
