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LOKPAL BILL AND CORRUPTION!

Corruption and hypocrisy ought not to be inevitable products of democracy, as theyundoubtedly are today Mahatma Gandhi

A 2005 study conducted by Transparency International in India found that more than 15%of Indians had first-hand experience of paying bribes or influence peddling to successfullycomplete jobs in public office. Ordinary people pay bribes worth 2.5 billion a year forpublic services which makes India a regular member along with China and Russia at thetop of the global bribery index. Taxes and bribes are a fact of daily life and commonbetween state borders; Transparency International estimates that truckers pay US$5 billionin bribes annually. In 2010 India was ranked 87th out of 178 countries in TransparencyInternational's Corruption Perceptions Index.

Bringing public servants under a scanner which makes them strictly accountable is the startof a movement against corruption in India. And one significant step in attacking the specter

of corruption in India will be the implementation of the lok pal bill.

The Indian Lokpal is synonymous to the institution of Ombudsman existing in theScandinavian countries. The office of the ombudsman originated in Sweden in 1809 A.D.,and adopted eventually by many nations 'as a bulwark of democratic government againstthe tyranny of officialdom'. Ombudsman is a Swedish word that stands for "an officerappointed by the legislature to handle complaints against administrative and judicial action.Traditionally the ombudsman is appointed based on unanimity among all political partiessupporting the proposal. The incumbent, though appointed by the legislature, is anindependent functionary independent of all the three organs of the state, but reports to thelegislature. The Ombudsman can act both on the basis of complaints made by citizens, or

suo moto. She/he can look into allegations of corruption as well as mal administration. TheOmbudsman can take cognizance of the citizens' grievance by either directly receivingcomplaints from the public or suo moto on the basis of information provided by theinterested persons, or from newspapers, etc. The ombudsmen can investigate a complaintby themselves or through any public or private agency. However, the power of prosecutionis very rarely used. The strength of the ombudsman lies in the publicity attached to theoffice, and the negative view that attaches itself to all that the office scrutinizes. In almostall the cases they deal with complaints relating to both corruption and mal-administration.

Jan Lokpal BillThe Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill drawn up by

prominent civil society activists seeking the appointment of a Jan Lokpal, an independentbody that would investigate corruption cases, complete the investigation within a year andenvisages trial in the case getting over in the next one year.

Drafted by Justice Santosh Hegde (former Supreme Court Judge and present Lokayukta ofKarnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTIactivist), the draft Bill envisages a system where a corrupt person found guilty would go tojail within two years of the complaint being made and his ill-gotten wealth being

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confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucratswithout government permission.

Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh, Sri Sri RaviShankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India

Against Corruption. Its website describes the movement as "an expression of collectiveanger of people of India against corruption. We have all come together toforce/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feelthat if this Bill were enacted it would create an effective deterrence against corruption."

Anna Hazare, anti-corruption crusader, began a fast-unto-death today, demanding that thisbill, drafted by the civil society, be adopted. The website of the India against Corruptionmovement calls the Lokpal Bill of the government an "eyewash" and has on it a critique ofthat government Bill. It also lists the difference between the Bills drafted by thegovernment and civil society.

A look at the salient features of Jan Lokpal Bill:

1. To establish a central government anti-corruption institution calledLokpal,supported byLokayukta at the state level.

2. As in the case of the Supreme Court and Cabinet Secretariat, theLokpalwill besupervised by the Cabinet Secretary and the Election Commission. As a result, itwill be completely independent of the government and free from ministerialinfluence in its investigations.

3. Members will be appointed by judges, Indian Administrative Service officers with aclean record, private citizens and constitutional authorities through a transparent

and participatory process.4. A selection committee will invite short listed candidates for interviews, videorecordings of which will thereafter be made public.

5. Every month on its website, theLokayukta will publish a list of cases dealt with,brief details of each, their outcome and any action taken or proposed. It will alsopublish lists of all cases received by theLok ayukta during the previous month,cases dealt with and those which are pending.

6. Investigations of each case must be completed in one year. Any resulting trialsshould be concluded in the following year, giving a total maximum process time oftwo years.

7. Losses caused to the government by a corrupt individual will be recovered at thetime of conviction.

8. Government office work required by a citizen that is not completed within aprescribed time period will result inLokpalimposing financial penalties on thoseresponsible, which will then be given as compensation to the complainant.

9. Complaints against any officer ofLokpalwill be investigated and completed withina month and, if found to be substantive, will result in the officer being dismissedwithin two months.

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10. The existing anti-corruption agencies (CVC, departmental vigilance and the anti-corruption branch of the CBI) will be merged intoLokpalwhich will have completepower and authority to independently investigate and prosecute any officer, judgeor politician.

11. Whistleblowers who alert the agency to potential corruption cases will also be

provided with protection by it.

Indian anti-corruption movementOn March 13, 2011, a group of Delhi residents dressed in white shirts and t-shirts drovearound the city for four hours in support of an anti-corruption campaign and the passing ofa Jan Lokpal Bill.Anti-corruption activist Anna Hazare went on hunger strike "unto death" on April 5, 2011,pending the enactment of a Jan Lokpal Bill. Around 6,000 Mumbai residents also began aone-day fast in support of similar demands. Protesters chose yellow as their colour andwere seen wearing yellow dresses, T-shirts while waving yellow banners. Inter city protest

co-ordination is underway to observe Yellow Sunday.Hazare also announced plans to start a Jail Bharo Andolan protest on 13 April 2011 if theJan Lokpal bill is not passed by the government. He also stated that his group has receivedsix crore (60 million) text messages of support and that he has further backing from a largenumber of Internet activists.

Government responseOn 5 April 2011, the National Advisory Council rejected the Lokpal bill drafted by thegovernment. Union Human Resource Development Minister Kapil Sibal then met socialactivists Swami Agnivesh and Arvind Kejriwal on 7 April to find ways to bridgedifferences over the bill. Hazare's fast was supported by the CPI(M) with their politburo

issuing a statement demanding an effective Lokpal Bill.After several rounds of talks, on 8 April 2011, Anna Hazare announced to his supportersthat the Government had agreed to all his demands and he would break his fast on thefollowing Saturday morning. According to the understanding reached, five of the ten-member joint-draft committee would come from society. Pranab Mukherjee will be theChairman of the draft committee and Shanti Bhushan his Co-Chairman