Congratulations to all of you!

Anna Hazare wins, Parliament passes resolution on Lokpal Bill. Anna will end his fast at 10 am tomorrow. INDIA – Jai Ho !

India has been rocked by various scams and scandals like the Adarsh Housing Scam, Commonwealth Games Scam, 2G Scam etc. The corruption list goes on and on. Despite all these bigger and serious scams, the Government does not want a stringent anti-corruption bill to be passed.

Here is a little history to the Lokpal Bill

The first mention of an anti-corruption ombudsman (Lokpal) was made in the early 1960s. It was in 1966 that a Lokpal was proposed at the Centre and Lokayuktas in states. In 1968, a Lokpal Bill was presented for the first time in the fourth Lok Sabha. The House passed it in 1969. But while it was pending, Lok Sabha was dissolved. The Bill was revived in 1971, 1977, 1985, 1989, 1996, 1998 and 2001. But each time, it was referred to some committee of Parliament. The Government has now prepared a rough draft of the Bill.

Lokpal Bill is a measure to conduct an investigation regarding involvements of people with high profiles (Prime Ministers, Chief Justice of India and so on). The Bill will provide speedy, cheaper form of justice to people. The Lokpal Bill will not wait for any permission from the Government to begin an inquiry against irregularities and corruption charges against political leaders, judge’s or even the CJI.

Lokpal Bill 2010

A fresh movement for an effective Lokpal began in 2010, after a series of scams. This week the Lokpal Bill has generated widespread interest with Anna Hazare (pictured left), a social activist going on a fast to highlight the Government’s reluctance against passing the Lokpal Bill.

The Bill is an attempt by the Government to gain some of its lost ground. However, the Bill has several loop holes. Under the present Bill, the Lokpal is a three member body consisting of a Chairperson who is a former Chief Justice or judge of the Supreme Court and two members who are/ have been judges of Supreme Court or Chief Justices of High Courts. But restricting it to judges is too narrow, and outstanding social scientists or academicians should also be eligible, and it should be a five member body.

Under the Lokpal Bill in its current form, the Lokpal cannot investigate the Prime Minister on issues of defence and external affairs, nor does it have any jurisdiction over Parliamentarians. The Lokpal will not have powers to enquire into matters suo moto and would need the recommendation of the Speaker. It will not be able to act against Members of Parliament it finds guilty of corruption, in fact, its findings can also be rejected.

Jan Lokpal Bill

The civil rights activists, including Anna Hazare, Swami Agnivesh, Kiran Bedi and Arvind Kejriwal, have termed the draft Lokpal bill as weak and have demanded that fifty per cent of the members in the committee drafting the Bill should be from the public. Lokpal Bill in its current draft has lot of loopholes and does not serve the purpose.

As a part of this movement, N. Santosh Hegde, a former Justice of the Supreme Court of India and Lokayukta of Karnataka and Senior Advocate Prashant Bhushan  have drafted an alternate bill called the Jan Lokpal Bill. Some of the main features of Jan Lokpal Bill are:

As a part of this movement, N. Santosh Hegde, a former Justice of the Supreme Court of India and Lokayukta of Karnataka and Senior Advocate Prashant Bhushan (pictured right) have drafted an alternate bill called the Jan Lokpal Bill. Some of the main features of Jan Lokpal Bill are:

The Lokpal will have jurisdiction over politicians, bureaucrats and judges. The CVC and the entire vigilance machinery of the Centre will be merged into the Lokpal

The Lokpal can not only initiate action on its own, but it can also entertain complaints directly from the public. It will not need reference or permission from any authority

After completing its investigation against public servants, the Lokpal can initiate prosecution, order disciplinary proceedings or both

With the corruption branch of the CBI merged into it, the Lokpal will be able to register FIRs, conduct investigations under the Criminal Procedure Code and launch prosecution

The Lokpal will consist of ten members and one chairperson, out of which only four are required to have legal background without necessarily having any judicial experience

The selection committee will be broad-based as it includes members from judicial background, Chief Election Commissioner , Comptroller and Auditor General, retired Army Generals and outgoing members of the Lokpal

There is no such bar on the Lokpal’s powers

The Lokpal will have to complete its investigation within one year and the subsequent trial has to be over in another year

Loss caused to Government due to corruption will be recovered from all those proven guilty