Janlokpal Bill
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Transcript of Janlokpal Bill
Anna Hazare spearheaded a nationwide campaign to demand a strong anti-corruption law
Jan Lokpal Bill.
Let’s understand Let’s understand JAN LOKPAL BILLJAN LOKPAL BILL
Institution of Institution of Jan Lokpal at central govt levelJan Lokpal at central govt level Jan Lokayukta in each stateJan Lokayukta in each state
CorrespondinglyCorrespondingly Jan Lokpal Jan Lokpal to accept corruption to accept corruption complaints against complaints against Central Central govtgovt dept and dept and Jan Jan Lokayukta Lokayukta against against statestate govt dept govt dept
Each will have Each will have 10 members and 1 chairperson10 members and 1 chairperson
Let’s understand Let’s understand JAN LOKPAL BILLJAN LOKPAL BILL
They will be completely They will be completely Independent Independent
Politicians and bureaucrats will not able to interfere in Politicians and bureaucrats will not able to interfere in their functioningtheir functioning
Will get whatever financial resources they require and Will get whatever financial resources they require and will be empowered to select and employ any number will be empowered to select and employ any number of employees from within the government or outside.of employees from within the government or outside.
Corruption at Corruption at HighHigh Levels LevelsPresent System - Despite Evidence, No PunishmentPresent System - Despite Evidence, No Punishment
Proposed System - Jan Lokpal and Jan Lokayukta will ensure Proposed System - Jan Lokpal and Jan Lokayukta will ensure punishment for corruption… by:punishment for corruption… by:
Time bound investigationsTime bound investigations Investigation Investigation to be completed within to be completed within 1 year1 year
Corruption at Corruption at HighHigh Levels LevelsAfter investigation if proven guilty following 2 actions shall be taken:After investigation if proven guilty following 2 actions shall be taken: Power to Power to dismiss corrupt dismiss corrupt officersofficers
If complaint is proved, can remove a govt officer or If complaint is proved, can remove a govt officer or impose departmental penalties impose departmental penalties
Time boundTime bound trial trial Will file a case in trial courtWill file a case in trial court Trial Trial in the court to complete & announce punishment in the court to complete & announce punishment within next within next 1 year1 year May direct the govt to set up additional courts toMay direct the govt to set up additional courts to complete the trial in time complete the trial in time
Corruption at Corruption at HighHigh Levels LevelsProvision for: Provision for:
Recovery of loss Recovery of loss caused to govt caused to govt During investigations, they shall During investigations, they shall ban transfer of assets ban transfer of assets of of
the accusedthe accused At the time of conviction, the At the time of conviction, the court will assess court will assess the loss the loss
caused to the govtcaused to the govt Entire loss to be recovered from the assets of the accused Entire loss to be recovered from the assets of the accused
Currently Currently no no such provisionsuch provision in our existing lawsin our existing laws
Corruption at High LevelsCorruption at High LevelsProvision for:Provision for: Confiscation of AssetsConfiscation of Assets
Each Each bureaucrat, politician bureaucrat, politician and and judgejudge to to submit submit their their
statement of moveable and immoveable assets statement of moveable and immoveable assets every yearevery year
This will be This will be declared publiclydeclared publicly, on the official website, on the official website
Corruption at Corruption at HighHigh Levels LevelsProvision for:Provision for: Confiscation of AssetsConfiscation of Assets
If an asset is found to be owned by a public servant later If an asset is found to be owned by a public servant later and undeclared, it will be and undeclared, it will be deemed deemed to be obtained through to be obtained through corruptioncorruption
After each election, assets declared by each candidate to After each election, assets declared by each candidate to be be verified verified
If undeclared assets are foundIf undeclared assets are found,, a case will be registered a case will be registered
Corruption at Corruption at HighHigh Levels Levels
And most importantly Jan Lokpal and Jan Lokayukta have: And most importantly Jan Lokpal and Jan Lokayukta have:
Power to punish if its Power to punish if its orders are not orders are not
followedfollowed Can impose financial penalties on the guilty officials.Can impose financial penalties on the guilty officials.
Initiate Initiate contemptcontempt proceedings against the guilty proceedings against the guilty
officials.officials.
Corruption at Corruption at LowLow Levels Levels Common man is compelled to pay bribe Common man is compelled to pay bribe
Jan Lokpal and Jan Lokayukta will provide relief to the common as: Jan Lokpal and Jan Lokayukta will provide relief to the common as:
Each govt dept will have to make Each govt dept will have to make Citizen’s CharterCitizen’s Charter Charter specifies Charter specifies whowho does what does what jobjob and in and in how much timehow much time
Eg. charter will tell X officer will make ration card in Y daysEg. charter will tell X officer will make ration card in Y days
Corruption at Low LevelsCorruption at Low Levels If Charter is not followedIf Charter is not followed, then people can complain to , then people can complain to
the Head of that department who will be designated as the Head of that department who will be designated as
the the Public Grievance Officer Public Grievance Officer (PGO)(PGO)
PGO will redress the complaint within PGO will redress the complaint within 30 days maximum 30 days maximum
Corruption at Low LevelsCorruption at Low Levels
If PGO doesn’t satisfy If PGO doesn’t satisfy the complainant, then a the complainant, then a complaint can be made to the complaint can be made to the Vigilance officerVigilance officer of Jan of Jan Lokpal and Jan Lokayukta.Lokpal and Jan Lokayukta.
When a complaint is made to Jan Lokpal or Jan When a complaint is made to Jan Lokpal or Jan Lokayukta, it will be Lokayukta, it will be deemeddeemed to have corruption to have corruption angle. angle.
Corruption at Low LevelsCorruption at Low Levels
The Vigilance Officer will have to The Vigilance Officer will have to
Solve the grievance in Solve the grievance in 30 days30 days
Impose penalty on the guilty officers which will be Impose penalty on the guilty officers which will be
given to the Complainant as given to the Complainant as compensationcompensation
Start investigations of corruption against guilty Start investigations of corruption against guilty
officers officers
How to ensure that there How to ensure that there isis
no corruption withinno corruption within Jan Lokpal or Jan Jan Lokpal or Jan
Lokayukta?Lokayukta?
1. By ensuring that the 1. By ensuring that the right person is selected!right person is selected!
Selection process for the members and Chairperson of Jan Selection process for the members and Chairperson of Jan Lokpal and Jan Lokayukta has been kept Lokpal and Jan Lokayukta has been kept transparenttransparent and and
participatoryparticipatory
Selected by a Selected by a Selection CommitteeSelection Committee comprising: comprising: Prime Minister Prime Minister Leader of the opposition in Lok Sabha Leader of the opposition in Lok Sabha 2 youngest judges2 youngest judges of Supreme Court (SC) of Supreme Court (SC) 2 youngest Chief Justices of High Courts2 youngest Chief Justices of High Courts Controller and Auditor General (CAG)Controller and Auditor General (CAG) Chief Election Commissioner (CEC)Chief Election Commissioner (CEC)
1. By ensuring that the 1. By ensuring that the right person is selected!right person is selected!
The The Selection Committee Selection Committee will make the above appointment will make the above appointment from a pool of shortlisted candidates that has been identified from a pool of shortlisted candidates that has been identified by a by a Search CommitteeSearch Committee
Search Committee is a Search Committee is a 10-member10-member committee formed as committee formed as follows:follows: Selection Committee selects Selection Committee selects 5 members from retired 5 members from retired
Chief Election Commissioners and retired CAGs. Chief Election Commissioners and retired CAGs. These 5 members will select another These 5 members will select another 5 members from 5 members from
civil societycivil society to make the 10-member Search to make the 10-member Search Committee.Committee.
1. Ensuring that the right person is selected!1. Ensuring that the right person is selected!
When the Selection Committee chooses, those CECs and When the Selection Committee chooses, those CECs and
CAGs areCAGs are ineligible ineligible to becometo become part of Search part of Search
Committee:Committee:
who have any substantive who have any substantive allegation of corruption allegation of corruption
against themagainst them
who have who have joined any political party joined any political party after retirementafter retirement
who are who are still in any government appointment still in any government appointment
1. Ensuring that the right person is selected!1. Ensuring that the right person is selected! Search Committee will invite recommendations from various Search Committee will invite recommendations from various
eminent people from reputed institutionseminent people from reputed institutions
Like for instance Directors of IITs ,IIMs , Editors and Like for instance Directors of IITs ,IIMs , Editors and many others.many others.
Names will be Names will be put up on a website put up on a website and and public feedback public feedback invitedinvited
Search committee will choose Search committee will choose 3 times 3 times the the number of number of vacanciesvacancies, by consensus , by consensus
2. Ensuring that the right person is selected!2. Ensuring that the right person is selected!
Selection committee will choose from this list, Selection committee will choose from this list, by consensusby consensus
All the meetings of the All the meetings of the Search CommitteeSearch Committee and and Selection CommitteeSelection Committee shall be shall be video recorded video recorded and will be made public. and will be made public.
Jan Lokpal and Jan Lokayukta will Jan Lokpal and Jan Lokayukta will select & select & appoint appoint its own officers and its own officers and staffstaff
2. By 2. By ensuring ensuring thatthat they work they work well!well!Jan Lokpal and Jan Lokayukta are directly Jan Lokpal and Jan Lokayukta are directly
accountable to people & transparent accountable to people & transparent
Every complaint will have to be heard Every complaint will have to be heard NoNo complaint can be complaint can be rejectedrejected without giving a hearing without giving a hearing
to the complainant. to the complainant. If any case is closed like this, all records relating to it If any case is closed like this, all records relating to it
will be made publicwill be made public
2. By ensuring that they work well!2. By ensuring that they work well! Will have to publish Will have to publish every month every month on its website: on its website:
Cases received Cases received and cases disposedand cases disposed Cases closed, Cases closed, reasons for closurereasons for closure List of cases pendingList of cases pending
All records All records of all works will be open to the public, except of all works will be open to the public, except some which: some which: Affect national security Affect national security Endanger the whistle blowerEndanger the whistle blower Impede the process of ongoing investigation. But after Impede the process of ongoing investigation. But after
investigation is complete, these will have to be disclosedinvestigation is complete, these will have to be disclosed
3. By ensuring that Jan Lokpal and Jan 3. By ensuring that Jan Lokpal and Jan Lokayukt are Lokayukt are not influencednot influenced!!
The Chairperson and members of Lokpal and Lokayukta The Chairperson and members of Lokpal and Lokayukta
will will not be eligible not be eligible for appointment to any position in the for appointment to any position in the
govt or for contesting elections after they leave office. govt or for contesting elections after they leave office.
4. By ensuring that if not working well, can 4. By ensuring that if not working well, can be be removed!removed!
Complaints against Staff like the Public Grievance Complaints against Staff like the Public Grievance Officers, Vigilance Officers, Chief Vigilance Officers will Officers, Vigilance Officers, Chief Vigilance Officers will be made to Jan Lokpal or Jan Lokayuktabe made to Jan Lokpal or Jan Lokayukta
Enquiry of complaint within Enquiry of complaint within 1 month1 month
If the allegation proved, Jan Lokpal or Jan Lokayukt will If the allegation proved, Jan Lokpal or Jan Lokayukt will
dismissdismiss him from job in the next him from job in the next 1 month1 month
Criminal case will be registered under various sections of Criminal case will be registered under various sections of
Indian Penal Code and Prevention of Corruption ActIndian Penal Code and Prevention of Corruption Act
4. By ensuring that if not working well4. By ensuring that if not working well can be can be removed!removed!
Complaints against members and chair person of Lokpal and Complaints against members and chair person of Lokpal and Lokayukta:Lokayukta:
Will be made to Supreme Court or respective High Court Will be made to Supreme Court or respective High Court through a through a petitionpetition
A A five judge benchfive judge bench of respective Court, will hear the petition of respective Court, will hear the petition After hearing may order the formation of a After hearing may order the formation of a Special Special
Investigation TeamInvestigation Team (SIT) (SIT) SIT will have to conduct inquiry and submit its report within SIT will have to conduct inquiry and submit its report within
3 months3 monthsOn the basis of this enquiry report, the respective Court may On the basis of this enquiry report, the respective Court may
order removal of the member or Chairperson. order removal of the member or Chairperson.
ComparisonComparison
ComparisonComparison
ComparisonComparison
ComparisonComparison
ComparisonComparison
But now some people are saying……But now some people are saying………………..Prime Minister Prime Minister should not be covered under Jan Lokpal!should not be covered under Jan Lokpal!
JudiciaryJudiciary should not be covered under Jan Lokpal……. should not be covered under Jan Lokpal…….
People’s Grievances will People’s Grievances will overburdenoverburden them…. them….Lokpal should Lokpal should only only investigate a few high profile cases of corruption!investigate a few high profile cases of corruption!
…………..Lokpal should not be given the responsibility of protecting the ..Lokpal should not be given the responsibility of protecting the whistleblowerswhistleblowers!!
CBI, CVC and departmental vigilance should CBI, CVC and departmental vigilance should not be merged not be merged into Lokpal… into Lokpal… Let Lokpal be a small body and let the existing anti-corruption bodies Let Lokpal be a small body and let the existing anti-corruption bodies keep functioning in ineffective manner as they are……keep functioning in ineffective manner as they are……
What do you think?What do you think? Please raise your voice Please raise your voice
Don’t keep silentDon’t keep silent
Write to the newspapers and TV channels in Write to the newspapers and TV channels in
your area and tell them what do your area and tell them what do you wantyou want