Recently, we have seen a big uprise in the number of people voicing their opinion on corruption. This is certainly a very good trend. It makes us feel that we are changing and changing in the right direction. The younger mass is actively participating in the struggle of fight against corruption, they are more aware, less selfish and have more "national character". Today I read a ridiculous piece of article on Times of India that tries to meekly make a case on why Anna should fail. I did not quite understand what the author wanted to say other than making a personal dig against Anna. He was trying very hard to say Anna is imitating Gandhi and imitators are loosers. But he did not say anywhere why imitating Gandhi is such a bad idea when the nation is reeling against corruption.
Lets analyze on what Anna wants to say in his Lokpal:
After reading the article written below, please state whether we need proper agitation against corruption or not. That same TOI article also stated that - why common people are so much after corruption, they are the root cause of all corruption. Do I agree - yes I do. But there are 2 types of characters every one of us has: 1) personal character 2) national character. Personal character is concerned with our day to day living well being etc. and national character is the big picture, that is our love and affection for our own motherlad and its well being. I think it is unfortunate to compare personal and national character of people. So, it is extremely unfortunate that TOI publishes such article...
Source: http://aidindia.org/main/content/view/1385/467/
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.
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To,
Dr. Manmohan Singh, Prime Minister of India
Mrs. Pratibha Patil, President of India
Mrs. Sonia Gandhi, Chairperson of the United Progressive Alliance
Dear Manmohanji, Pratibhaji and Soniaji,
I am writing to inform you that on April 5th 2011, I will fast in
solidarity with fast unto death satyagraha of veteran social activist
and Gandhian Anna Hazare demanding passage of the 'Jan Lokpal bill'. I
fully endorse the Jan Lokpal Bill, an empowering anti-corruption bill
drafted by leading civil society activists and oppose the government's
attempt to pass a watered down version of the same. |
|
Government's versions of Lokpal Bill have
been introduced eight times in Parliament since 1968, all of which
lacked teeth to fight corruption and even the weakest version of this
bill has not been passed so far because the bill seeks to investigate
politicians. The latest draft of Lokpal Bill prepared by the Government
rather than strengthening the existing weak anti-corruption systems,
seeks to completely insulate politicians from any kind of action
initiated against them.
The people's version of this bill, Jan
Lokpal Bill, gives more power to fight corruption effectively. Salient
features of this bill include central and state level independent bodies
Lokpal and Lokayukta respectively, having power to:
1. Complete any investigation and trial within two years so the corrupt can be brought to justice immediately
2. Order dismissal of a corrupt officer,
3. Investigate and prosecute any judge,
4.
Enquire into and hear every complaint and prosecution against any
officer or politician without needing any sort of permission.
Politicians will not be involved in the selections of chairperson and
members of Lokpal & Lokayukta, which will be done through a
transparent and public participatory process. This bill ensures that
public grievances get resolved in a time bound manner and loss caused to
the tax payer due to corruption will be recovered from the convicts.
Also, the convicted may be sentenced a minimum 5 years and a maximum of
life imprisonment.
I have decided to join hands with millions of
my compatriots in this crucial fight against corruption and demand that
the Government immediately pass Jan Lokpal bill.
Sincerely,
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S. No. | Government's proposal (Lokpal Bill) | Civil Society's Proposal (Jan Lokpal Bill) |
1. | Lokpal
will not have any power to either initiate action suo motu in any case
or even receive complaints of corruption from general public. The
general public will make complaints to the speaker of Lok Sabha or
chairperson of Rajya Sabha. Only those complaints forwarded by Speaker
of Lok Sabha/ Chairperson of Rajya Sabha to Lokpal would be
investigated by Lokpal. This not only severely restricts the functioning
of Lokpal, it also provides a tool in the hands of the ruling party to
have only those cases referred to Lokpal which pertain to political
opponents (since speaker is always from the ruling party). It will also
provide a tool in the hands of the ruling party to protect its own
politicians. | Lokpal
will have powers to initiate investigations suo moto in any case and
also to directly entertain complaints from the public. It will not need
reference or permission from anyone to initiate investigation into any
case. |
2. | Lokpal
has been proposed to be an advisory body. Lokpal, after enquiry in any
case, will forward its report to the competent authority. The competent
authority will have final powers to decide whether to take action on
Lokpal’s report or not. In the case of cabinet ministers, the competent
authority is Prime Minister. In the case of PM and MPs the competent
authority is Lok Sabha or Rajya Sabha, as the case may be. In the
coalition era when the government of the day depends upon the support of
its political partners, it will be impossible for the PM to act against
any of his cabinet ministers on the basis of Lokpal’s report. For
instance, if there were such a Lokpal today and if Lokpal made a
recommendation to the PM to prosecute A. Raja, obviously the PM will not
have the political courage to initiate prosecution against A. Raja.
Likewise, if Lokpal made a report against the PM or any MP of the ruling
party, will the house ever pass a resolution to prosecute the PM or the
ruling party MP? Obviously, they will never do that. | Lokpal
is not an advisory body. It will have the powers to initiate
prosecution against any one >after completion of investigations in
any case. It will also have powers to order disciplinary proceedings
against any government servant. |
3. | The
bill is legally unsound. Lokpal has not< been given police powers.
Therefore Lokpal cannot register an FIR. Therefore all the enquiries
conducted by Lokpal will tantamount to “preliminary enquiries”. Even if
the report of Lokpal is accepted, who will file the chargesheet in the
court? Who will initiate prosecution? Who will appoint the prosecution
lawyer? The entire bill is silent on that. | Lokpal would have police powers. It will be able to register FIR, proceed with criminal investigations and launch prosecution. |
4. | The
bill does not say what will be the role of CBI after this bill. Can CBI
and Lokpal investigate the same case or CBI will lose its powers to
investigate politicians? If the latter is true, then this bill is meant
to completely insulate politicians from any investigations whatsoever
which are possible today through CBI. | That
part of CBI, which deals with cases of corruption, will be merged into
Lokpal so that there is just one effective and independent body to take
action against corruption. |
5. | There
is a strong punishment for “frivolous” complaints. If any complaint is
found to be false and frivolous, Lokpal will have the power to send the
complainant to jail through summary trial but if the complaint were
found to be true, the Lokpal will not have the power to send the corrupt
politicians to jail! So the bill appears to be meant to browbeat,
threaten and discourage those fighting against corruption. | Deterrence
has been provided against frivolous complaints in the form of financial
penalties against the complainant, however, Lokayukta is empowered to
prosecute the corrupt and take disciplinary action against them. |
6. | Lokpal
will have jurisdiction only on MPs, ministers and PM. It will not have
jurisdiction over officers. The officers and politicians do not indulge
in corruption separately. In any case of corruption, there is always an
involvement of both of them. So according to government’s proposal,
every case would need to be investigated by both CVC and Lokpal. So now,
in each case, CVC will look into the role of bureaucrats while Lokpal
will look into the role of politicians. Obviously the case records will
be with one agency and the way government functions it will not share
its records with the other agency. It is also possible that in the same
case the two agencies arrive at completely opposite conclusions.
Therefore it appears to be a sure way of killing any case. | Lokpal
will have jurisdiction over politicians, officials and judges. CVC and
the entire vigilance machinery of government will be merged into Lokpal. |
7. | Lokpal
will consist of three members, all of them being retired judges. There
is no reason why the choice should be restricted to judiciary. By
creating so many post retirement posts for judges, the government will
make the retiring judges vulnerable to government influences just before
retirement as is already happening in the case of retiring bureaucrats.
The retiring judges, in the hope of getting post retirement employment
would do the bidding of the government in their last few years. | Lokpal
would have ten members and one Chairperson. Out of them four need to
have legal background (they need not be judges). Others could be from
any background. |
8. | The
selection committee consists of Vice President, PM, Leaders of both
houses, Leaders of opposition in both houses, Law Minister and Home
minister. Barring Vice President, all of them are politicians whose
corruption Lokpal is supposed to investigate. So there is a direct
conflict of interest. Also selection committee is heavily loaded in
favor of the ruling party. Effectively ruling party will make the final
selections. And obviously ruling party will never appoint strong and
effective Lokpal. | Selection
committee consists of members from judicial background, Chief Election
Commissioner, Comptroller and Auditor General of India and international
awardees (like Nobel prize winners and Magsaysay awardees of Indian
origin). A detailed transparent and participatory selection process has
been prescribed.g |
9. | Lokpal
will not have powers to investigate any case against PM, which deals
with foreign affairs, security and defence. This means that corruption
in defence deals will be out of any scrutiny whatsoever. It will become
impossible to investigate into any Bofors in future. | There is no such bar on Lokpal’s powers. |
10. | Whereas
a time limit of six months to one year has been prescribed for Lokpal
to enquire, however, subsequently, there is no time limit prescribed for
completion of trial. | Investigations should be completed within one year. Trial should get over within the next one year. |
11. | It does not deal with corruption of Bureaucrats. Corrupt bureaucrats continue in their job without any actions against them. | Lokpal will have power to direct disciplinary action, including dismissal of a corrupt officer from job. |
12. | It does not talk of investigation of complaints against judges | Lokpal will have powers to initiate investigations on complaints of corruption against judges. |
13. | Speaker would decide which complaints shall be enquired into by Lokpal. | Lokpal will not be able to dismiss any complaint from public without hearing the complainant. |
14. | Our
entire governance system suffers from inadequate public grievance
redressal systems, which force people to pay bribes. Lokpal bill does
not address this issue. | Lokpal
will have the powers to orders redressal in a time bound manner. It
will have powers to impose financial penalties on guilty officers, which
would be paid to complainant as compensation. |
15. | Large
number of people raising their voice against political corruption are
being murdered. Lokpal does not have any powers to provide protection to
them. | Lokpal will have powers to provide protection against physical and professional victimization of whistleblowers. |
16. | Nothing has been provided 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. |
17. | Under
the present law, there is 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. |
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