To realise the developed India by 2020

Friday, August 12, 2011

Re: [India_Vision_2020] Jan Lokpal Bill vs Government Lokpal bill - A quick analysis

 


Dear All


Differences between Govt. Lokpal Bill and Jan Lokpal Bill


 

Existing System

System Proposed by civil society

No politician or senior officer ever goes to jail despite huge evidencebecause Anti Corruption Branch (ACB) and CBI directly come under the government. Before starting investigation or initiating prosecution in any case, they have to take permission from the same bosses, against whom the case has to be investigated.

Lokpal at centre and Lokayukta at state level will be independent bodies. ACB and CBI will be merged into these bodies. They will have power to initiate investigations and prosecution against any officer or politician without needing anyone's permission. Investigation should be completed within 1 year and trial to get over in next 1 year. Within two years, the corrupt should go to jail.

No corrupt officer is dismissed from the job because Central Vigilance Commission, which is supposed to dismiss corrupt officers, is only an advisory body. Whenever it advises government to dismiss any senior corrupt officer, its advice is never implemented.

Lokpal and Lokayukta will have complete powers to order dismissal of a corrupt officer. CVC and all departmental vigilance will be merged into Lokpal and state vigilance will be merged into Lokayukta.

No action is taken against corrupt judges because permission is required from the Chief Justice of India to even register an FIR against corrupt judges.

Lokpal & Lokayukta shall have powers to investigate and prosecute any judgewithout needing anyone's permission.

Nowhere to go - People expose corruption but no action is taken on their complaints.

Lokpal & Lokayukta will have to enquire into and hear every complaint.

There is so much corruption within CBI and vigilance departments. Their functioning is so secret that it encourages corruption within these agencies.  

All investigations in Lokpal & Lokayukta shall be transparent. After completion of investigation, all case records shall be open to public.  Complaint against any staff of Lokpal & Lokayukta shall be enquired and punishment announced within two months.

Weak and corrupt people are appointed as heads of anti-corruption agencies.

Politicians will have absolutely no say in selections of Chairperson and members of Lokpal & Lokayukta. Selections will take place through a transparent and public participatory process.

Citizens face harassment in government offices. Sometimes they are forced to pay bribes. One can only complaint to senior officers. No action is taken on complaints because senior officers also get their cut.

Lokpal & Lokayukta will get public grievances resolved in time bound manner, impose a penalty of Rs 250 per day of delay to be deducted from the salary of guilty officer and award that amount as compensation to the aggrieved citizen.

Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.

Loss caused to the government due to corruption will be recovered from all accused.

Small punishment for corruption-Punishment for corruption is minimum 6 months and maximum 7 years.

Enhanced punishment - The punishment would be minimum 5 years and maximum of life imprisonment.

 

---------------------------
MR S S BIRADAR
PhD Scholar


On Fri, Aug 12, 2011 at 12:31 PM, Prime Point Srinivasan <prpoint@gmail.com> wrote:
 

hi all

Government of India has now introduced the Lokpal Bill 2011in the Parliament recently in the monsoon session.  'India Against Corruption' team lead by Anna Hzare has rejected the draft of the Lokpal bill.  They have demanded a more powerful Lokpal bill to be passed by Parliament.  They have also drafted a 'Jan Lokpal bill' and circulated among the people. The Lokpal bill envisages to eradicate  the corruption and punish the corrupt people.

Now the Indian media is debating the difference between these two drafts.  Meanwhile, Anna Hazare team is planning to start an indefinite fast from 16th August 2011, to force the Government to make the Lokpal bill more meaningful.

It is quite interesting to note that under the recommendations of Administrative Reforms Commission, the first Lokpal bill was introduced in the 4th Lok Sabha in 1968.  For one reason or other, the Lokpal bill is not passed by both the houses of Parliament, even after 43 years.  Now with the outbreak of various scams like 2G, CWG, etc. this Lokpal bill assumes greater significance in India, to eradicate corruption.

There is a lot of confusion among the common men, about the real differences between the Government bill and Jan Lokpal bill.  To inorder to get the real insight,  we interviewed Dr Bhavana Upadyaya, an activist of India Against Corruption movement.  

Dr Bhavana is  a communication professional and teacher.  She was educated at US and was working in New Mexico University as a lecturer in communication.  She has been living in US for the past 10 years.  On hearing about the corruption issues in India, she returned to India to join the 'India Against Corruption' movement along with Anna Hazare and fight against the corruption.

In an exclusive interview to PodUniversal, she has explained the major differences between these two drafts. 

The major differences include, transparency of appointment of Lokpal members, providing autonomonous status to CVC and CBI, making MPs more accountable, and many more. 

 Please listen to her interview by clicking play button. (7 minutes).  Pl click the link below


Srinivasan
Prime Point
9176650273


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