Lokpal Bill

                          

                       The Lokpal bill provides for filling complains of corruption against the prime minister, other ministers and MPs with the ombudsman. Th 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 first time presented during the 4th Lok Sabha in 1968 and was passed there in 1969. However while it was pending in the Rajya Sabha, the Lok Subha was dissolved, resulting the first death of the bill. The bill was revived in 1971, 1977, 1985, 1989 and recently in 2008. Each time, after the bill was introduced to the house it was referred to some 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, meanwhile the activists of India Against Corruption (IAC) have prepared a draftfor the bill called Jan Lokpal Bill.

Salient features of Jan Lokpal Bill

1.     An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up

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

3.    Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.

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

5.    How will it help a 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.

6.    So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month’s time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.

7.    But won’t the government appoint corrupt and weak people as Lokpal members? That won’t be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.

8.    What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.

9.    What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.

10.  It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.

While many activists question team ANNA'S demand for pushing their version of Lokpal bill and point out flaws.

Shekhar Singh of national Campaign of people's Right to Information, who was instrumenal in drafting the RTI Act said,"Non-violent protest does not mean that their demand becomes legitimate and others' illegitimate. Holding the nation to ransom is not how the civil society works."

Nandan Nilekani, chairperson, Unique Identification Authority of India, disagrees with the ongoing protes and don't think the agitation is justified,"When this law is in front of the appropriate standing committee, why do we need an agitation? ...Let us give them the opportunity to call experts for and against and let them come out with something. They are the appropriate people, they are our representative."

NCPRI co-convenor Nikhil Dey, sawserious problems in team Anna's Jan Lokpal Bill. "The lokpal's ambit is too huge. It seeks to cover everything. Due to this, it is unlikely it vwill be able to do it's job. It is formulated on the premise that there is corruption in powerful positions. But if you create  a powerful body, can't it get more corrupt? Asingle body with oversight over the executive, Parliament and judiciary could be a recipe for fascism, as it goes against checks and balances."

National Advisory Council member Aruna Roy said, " We all will join Anna in protest if the standing committee fails to come up with a strong anti-corruption mechanism."

Mihir Shah who has spearheaded protests for more than 20 years and is now a planning commission member, "Sitting in Ramlila Maidan will not end corruption. Go and push your debate before the Parliamentary Standing Committee."