Upload
sudheesh-j
View
971
Download
1
Embed Size (px)
DESCRIPTION
About the major differences in the Jan Lokpal by the anti-corruption crusader Team Anna's Bill and the Government Bill on Lokpal.
Citation preview
JAN LOKPAL
GOVT. LOKPAL
V/s
Accountability of the Lokpal
So according to government’s draft, if government appoints a
corrupt person as the Lokpal, then people have no way of
seeking the removal of such a Lokpal. But in case of Jan Lokpal, I
or you can go to the court and demand that the Lokpal be
removed if we are able to provide justification for that removal.
Jan Lokpal: Any Citizen can
go and complaint to Supreme
Court to remove a Lokpal if
the Lokpal is not found to be
accountable in his/her actions
Government Lokpal: Only
Government has the power to
remove a Lokpal.
Corruption allegations against Lokpal Members
Jan Lokpal: Complaints of
corruption against Lokpal
members will be heard by an
independent authority.
Government Lokpal: Lokpal
itself will hear complaints of
corruption against its
members!
Which is more accountable? Lokpal hearing complaints
against its own members? Or an independent authority acting
on these complaints?
Probe corruption allegations against MPs in Parliament
Jan Lokpal: Lokpal will have
the power to probe into
allegations of corruption by
Members in Parliament like
MPs taking bribe to vote!
(Remember the Cash for Votes
Scandal? )
Government Lokpal: Lokpal
will not have any right to
probe into allegations of
corruption by MPs in the
Parliament!
Complaints against Government Officers, Public Servants
Jan Lokpal: Lokpal can act on
complaints against ANY
government officer. Government Lokpal: Lokpal
can act on complaints against
only “Group A” level
government officers.
• There are around 80 lakh state government officials
and 40 lakh central government officials in the country.
• Of which only 65000 are Group A level officers. So
according to government’s draft Lokpal or no Lokpal it
makes no difference to over 99.995% of the
government officers!
• The fact is that it is these officers below Group A level
who actually cause problems to the common man.
• If common man cannot complain to Lokpal about
problems like corruption in the Public Distribution
System, corruption in his local RTO, corruption in rural
employment scemes etc, then what is the use of such a
Lokpal? .
Complaints against Government Officers, Public Servants
Action against government officers
Jan Lokpal: If a government
officer delays the work of a
citizen beyond scheduled
time frame then he will be
deemed corrupt by Lokpal
and penalized for that.
Government Lokpal: There
is no penalization of
government officers who do
not do their duties.
The Government had earlier agreed to the proposal in Jan Lokpal on this issue. But this again is missing from the
government’s Lokpal draft .
Corruption allegation against Judiciary
Jan Lokpal: Lokpal will have
the authority to investigate
allegations of corruption
against judges. Government Lokpal: Lokpal
will NOT have the authority to
investigate allegations of
corruption against judges .
• Government wants judiciary to be investigated based on a
separate Judicial Accountability Bill (JAB).
• Anna’s team is fine with that provided the flaws in giving
permission for investigations against judges are removed.
• In the JAB, permission to investigate allegations against a
judge will be given by a three member judge team, two of
whom will be judges from the same court, and even the third
judge will be a retired chief justice of the same court! .
Corruption allegation against Judiciary
Corruption allegations against Prime Minister
Jan Lokpal: Lokpal will have
the authority to investigate
allegations of corruption
against the Prime Minister.
Government Lokpal:
Lokpal will NOT have the
authority to investigate
allegations of corruption
against the Prime Minister.
Government wants CBI to investigate any allegations of
corruption against the Prime Minister. But the fact is that the
CBI comes directly under the Prime Minister. So, unlike Lokpal,
CBI is not an independent organization in this scenario.
Anti Corruption Branch of CBI
Jan Lokpal: The Anti
Corruption Branch of CBI will
be merged with Lokpal to give
it more independence.
Government Lokpal: The
Anti Corruption Branch of CBI
will continue to remain with
CBI, which means direct
government control over it,
because CBI is controlled by
government.
Government has now even removed CBI from RTI! So nobody knows what is going on within CBI.
Dismissal of Corrupt Public Servant
Jan Lokpal: Lokpal will have
the power to dismiss a corrupt
public servant from job.
Government Lokpal:
Lokpal will have no power to
dismiss a corrupt public
servant. The concerned
minister will decide whether
to dismiss a corrupt public
servant or not.
What if the minister is also a beneficiary of this corruption? Will he in such a case dismiss the corrupt public servant?
Protection against false complaints
Jan Lokpal: Lokpal will impose
fine to those who make false
complaints or ill motivated
complaints. Lokpal will decide
whether a complaint is false or
not.
Government Lokpal: Lokpal
will send those who make
false complaints to jail for a
period of two to five years!
The accused can also go to
court against the complainant,
and in this case, the legal
expenses of the accused will
be borne by the government,
where as the complainant has
to pay for the legal expenses
from his own pocket.
• This one clause in the government’s draft is enough to ensure that nobody will dare to go and complain to Lokpal.
• If the corrupt who are also generally rich, are able to mute all evidences against them, then the person who complained will have to go to jail, do trips to courts, bear his legal expenses and what not.
• While the minimum imprisonment for a false complaint is two years in the government’s draft, the minimum imprisonment for those found guilty of corruption is only 6 months!
• The government’s draft clearly targets the complainant than the accused. .
Protection against false complaints
Selection of the Lokpal Members Jan Lokpal
• An independent search committee which consists of retired constitutional authorities (like judges, eminent IAS officers etc.) will prepare the first list of eligible candidates.
• Then an independent selection committee comprising of two politicians, four judges and two retired constitutional authorities will do the selection.
• So there is no scope for government interference in the selection process of Lokpal members here.
Government Lokpal
• A Panel of 10 members, 6 of whom are politicians, 5 of whom are from the ruling alliance/ruling party will select the Lokpal members.
• Even the search committee which searches for eligible lokpal members will be selected by the above mentioned selection committee.
• 5 members from ruling alliance and totally 6 politicians in a group of 10 will ensure that government will be able to appoint its own people to Lokpal!
The Government had earlier agreed to the selection committee
proposed by Jan Lokpal. But this proposal is not there in the
government’s draft now! Instead we have what is described above
in Government’s version..
Selection of the Lokpal Members
Permission to Tap Phones of those alleged of Corruption
Jan Lokpal: Lokpal will give
permission to tap phones of
people suspected to be
involved in corruption.
Government Lokpal: Home
Secretary will give permission
to tap phones of
people suspected to be
involved in corruption!
• What if the permission sought is against those who control the Home Secretariat?
• Is it fair to expect that the Home Secretary will give permission in such cases?
• What if Home Secretary himself is under the Lokpal scanner?
Corruption by Business Entities
Jan Lokpal: If Lokpal finds
that business entities are
involved in corruption, then
Lokpal will have the right to
ban such companies from
taking part in future
government contracts and to
black list them.
Government Lokpal: No
power to Lokpal to black list
any business entity found
guilty of corruption.
Fast Track Hearing of Corruption Cases
Jan Lokpal: Lokpal can setup
special benches in High Courts
to speed up hearing of
corruption cases.
Government Lokpal: Lokpal
has no power to setup special
benches like this. Which
means slow hearing of
corruption cases.
Justice delayed is justice denied .
Protection to complainants, whistle blowers
Jan Lokpal: Lokpal will provide
adequate protection and
security to complainants and
whistle blowers .
Government Lokpal: No
mention about any
protection to those who
complaint about cases of
corruption.
Establishment of Lokayuktas
Jan Lokpal: There will also be
Lokayuktas established at each
state level with powers similar
to Lokpal. These Lokayuktas
will probe into corruption at a
state government level against
ministers, MLAs and state
government officials.
Government Lokpal: No
establishment of any
Lokayuktas through Lokpal
Bill.
If people have any issue of corruption at a state government level, then according to the Government’s Lokpal bill – forget
it.
Method of Enquiry
Jan Lokpal
• Enquiry will be done just like
in any other criminal case.
• After preliminary enquiry FIR
will be registered, and after
that investigations will be
done, and then the trial will
be held in the courts.
Government Lokpal
• After preliminary enquiry, before filing FIR all evidence collected so far should be presented to the accused, and he should be asked why an FIR should not be filed against him based on that evidence!
• After investigations, before filing a case against the accused, again all evidences collected so far should be presented to the accused, and he should be asked again as to why a case should not be filed against him!
• Now what on earth is this business of showing the evidence to the accused and asking him?
• Evidences are shown to the courts not to the accused.
• Does the government want to give an opportunity to the accused to wipe out all evidences?
• This would also reveal to the accused as to who complained against him, endangering the lives of the complainants and whistle blowers.
Method of Enquiry
Conclusion • In summary, looking at the government’s version of the Lokpal
bill, doesn’t it look like that the government wants to simply pass a bill for the namesake of it and wash its hands off from the entire issue?
• After 45 years of waiting, the government simply wants to create an illusion that it has passed an anti-corruption law.
• Do we really need another dummy institution at the tax payer’s expense?Just look at the government’s draft once again and you will wonder, who actually comes UNDER the jurisdiction of Lokpal according to the government’s lokpal draft.
• No Prime Minister, no MPs, no judiciary, no state level Lokayuktas, no government officers other than “Group A” officers….Arving Kejriwal has rightly called the government’s draft – A Jokepal Bill. It not only has loopholes in it, it is full of potholes.
• Now you decide whether we want the government’s version of Lokpal or the Team Anna’s Jan Lokpal to become a law in this country. .
Below is a quick summary of the major differences between the
drafts of Jan Lokpal Bill proposed by the anti-corruption
movement led by Anna Hazare, and the government’s version
of the Lokpal Bill. The summary will also make one quickly
realize that
• The Government’s Lokpal version gives less power to
Lokpal, but at the same time gives it more immunity from
any action against the institution itself.
• The Jan Lokpal version gives more power to Lokpal but less
immunity if its own actions are found unaccountable.