Lokpal (1)
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Transcript of Lokpal (1)
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A presentation by :- Siddesh Chimulkar(1025)
Amey Padte(1033)
Saptesh Palekar(1036)
Kishan Pednekar(1038)
Sanika Prabhu(1040)Shawn Vaz(1056)
SEMINARS
ON GENERAL TOPICS
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Annas Anti Corruption Movement
Success
Raised a very sensitive issue as majority of Indians
have been victim of this disease
The number of ever increasing corruption cases
Rising inflation coupled with failure of the
government to deliver goods on several fronts
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Mass Communication ( Indian medias pivot
role )
Civil society created pressure by being withopposition.
Non-violence movement
Leader and team effort
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History
The first Jan Lokpal Bill wasproposed
by Shanti Bhushanin 1968 and passed inthe
4th Lok Sabha in 1969.
Subsequently, Lokpal bills were introduced in
1971, 1977, 1985, 1989, 1996, 1998, 2001,
2005 and in 2008 butyetnotpassed.
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WhatisJan Lokpal
Jan Lokpal Billisaproposed anti-corruptionlaw drowns up byprominent civilsocietyactiviststo deter corruption effectively.Word ofJan Lokpal Bill derives from Lokpal which meansombudsman (Legal Representative) in India.
Lokpal word has been derived fromthe Sanskrit words "loka"(people) and "pala" (protector/caretaker). So Lokpalismeantasthe 'protectorofpeople.
The Jan Lokpal billprovidespowerstoof filing complaintsofcorruptionagainstthe prime minister,otherministersandmembersofparliament with the ombudsman.
The Lokpal will have athree-member body with achairperson. The chairperson will be a chief justice orSupreme Court judge. Othertwomembers will be high courts
judgesor chief justices.
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Jan Lokpal 2011 The Jan Lokpal Bill 2011 isa draftanti-corruption bill.
The billis drafted byJustice Santosh Hegde (former
Supreme CourtJudge and present Lokayuktaof
Karnataka), Prashant Bhushan (Supreme Court
Lawyer) and Arvind Kejriwal (RTI activist). The draftBillpredictsasystem where a corruptperson would
goto jail withintwoyearsif he found guilty. Itseeks
powertoprosecute politiciansand bureaucrats
without governmentpermission.
The drafting committee would have 10 members
including 5 fromthe governmentand five fromthe
civilsociety.
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Lokpal bill: Who stands where
Glance on where various parties and Team
Anna stands on key issues
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Inclusion of Prime Minister
Civil Society
Under Lokpal
Political Parties
Congress: Under
Lokpal (3/4th of
members supporting
inquiry)
BJP: Under Lokpal
Samajwadi Party:Notunder Lokpal
RJD:Not under Lokpal
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Inclusion of Central Bureau ofInvestigation
under Lokpal
Civil Society
Under Lokpal
Political Parties
Congress:Not under
Lokpal
BJP: Under Lokpal
(splitting anti-corruption
wing)
Samajwadi Party: Not
under Lokpal RJD:Not under Lokpal
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Lower bureaucracy
Civil Society
Under Lokpal
Political Parties
Congress:Not under
Lokpal but under CVC
BJP: Under Lokpal
(splitting anti-corruption
wing)
Samajwadi Party:No
clear stand RJD:No clear stand
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Minorities' reservation in Lokpal
Civil Society
No clear stand
Political Parties
Congress: Political pressure
hence last minute added
BJP: Opposed stating its
unconstitutional
Samajvadi Party & RJD:
Most vocal in raising the
issue of reservation forminorities, supported by left
parties
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ADVANTAGES
1. Aninstitution called Lokpalatthe centre and LOKAYUKTAin each state will be set up
2. Like Supreme Courtand Election Commission,they willbe completelyindependentofthe governments.
3. Noministeror bureaucrat will be able toinfluence theirinvestigations.
4. Investigationsinany case will have to be completed inoneyear.
5. Trialshould be completed innextone yearsothatthe
corruptpolitician,officeror judge issentto jail withintwoyears.
6. The lossthata corruptperson caused tothe governmentwill be recovered atthe time of conviction.
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DISADVANTAGES
Huge burdenon governmenttorunthis,itneeds
huge moneytomanage the head counts.
How someone can guarantee there will be No
ministeror bureaucratinfluence ontheir
investigations.?
How canit be assured that Lokpalmembersare
not corrupted? We dont understand whyitneeds 1 year for
decisionand another 1 year forthe punishment.
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Jan Lokpal Bill will improve existing anti-corruption systems
Existing conditions
Nopoliticianorseniorofficer ever goesto jail
despite huge evidence because Anti Corruption
Branch (ACB) and CBI directly come underthe
government. Before starting investigationor
initiating prosecutioninany case,they have to
take permission fromthe same bosses,against
whomthe case hasto be investigated.
No corruptofficeris dismissed fromthe job
because CVC which issupposed to dismiss
corruptofficers,isonlyanadvisory body.
Noactionistakenagainst corrupt judges
because permissionisrequired fromthe Chief
Justice of Indiato evenregisteran FIR against
corrupt judges.
System Proposed by civil society
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 anyones 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.
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.
Lokpal & Lokayukta shall have powers to
investigate and prosecute any judge without
needing anyones permission
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Existing Conditions
Nowhere to go - People expose corruption
butnoactionistakenontheir complaints.
There issomuch corruption within CBI
and vigilance departments. Theirfunctioning issosecretthatit encourages
corruption withinthese agencies
Nothing inlaw torecoverill gotten
wealth. A corruptperson can come outof
jailand enjoythatmoney.
Smallpunishment for corruption-
Punishment for corruptionisminimum 6
monthsand maximum 7 years.
System Proposed by civil society
Lokpal & Lokayukta will have to enquire
into and hear every complaint.
All investigations in Lokpal & Lokayukta
shall be transparent. After completion ofinvestigation, all case records shall be
open to public. Complaint against any
staff of Lokpal & Lokayukta shall be
enquired and punishment announced
within two months.
Loss caused to the government due to
corruption will be recovered from all
accused.
Enhanced punishment - The punishment
would be minimum 5 years and
maximum of life imprisonment.
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?
Should the
Prime Ministerbe brought within the purview of the
proposed Lokpal
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?
Should the
judges of the High Court and
the Supreme Court
be brought within the purview of the
proposed Lokpal