ppt jan lokpal
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8/3/2019 Ppt Jan Lokpal
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The first Jan Lokpal Bill was introduced by Shanti Bhushan in 1968and passed in the 4th Lok Sabha in 1969 but could not get throughin the Rajya Sabha. Subsequently, Lokpal bills were introduced in1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yetthey were never passed.[1]42 years after its first introduction, theLokpal bill is still pending in India.
The Administrative Reforms Commission (ARC) whilerecommending the constitution of Lokpal was convinced thatsuch an institution was justified not only for removing the senseof injustice from the minds of adversely affected citizens but alsonecessary to instill public confidence in the efficiency of theadministrative machinery. Following this, the Lokpal Bill was forthe first time presented during the fourth Lok Sabha in 1968,and was passed there in 1969. However, while it was pending inthe Rajya Sabha, the Lok Sabha was dissolved, and so the billwas not passed at that time.
8/3/2019 Ppt Jan Lokpal
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What is the Jan Lokpal Bill, why it's important
The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-
corruption bill drawn up by prominent civil society activists seekingthe appointment of a Jan Lokpal, an independent body that wouldinvestigate corruption cases, complete the investigation within ayear and envisages trial in the case getting over in the next oneyear.
Drafted by Justice Santosh Hegde (former Supreme Court Judge andpresent Lokayukta of Karnataka), Prashant Bhushan (Supreme CourtLawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages asystem where a corrupt person found guilty would go to jail within twoyears of the complaint being made and his ill-gotten wealth beingconfiscated
8/3/2019 Ppt Jan Lokpal
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1. An institution called LOKPAL at the centre and LOKAYUKTA in eachstate will be set up
2. Like Supreme Court and Election Commission, they will becompletely independent of the governments. No minister orbureaucrat will be able to influence their investigations.
3. Cases against corrupt people will not linger on for years anymore
A look at the salient features of Jan Lokpal Bill:
4. The loss that a corrupt person caused to the government will berecovered at the time of conviction.
5. It will be the duty of the Lokpal to provide protection to those
who are being victimized for raising their voice againstcorruption.
8/3/2019 Ppt Jan Lokpal
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Let’s understand JAN LOKPAL BILL
• Institution of
– Jan Lokpal at central govt level
– Jan Lokayukta in each state
• Correspondingly Jan Lokpal to accept corruption complaints against Central govt dept and
Jan Lokayukta against state govt dept
• Each will have 10 members and 1 chairperson
• Will be completely Independent
• Politicians and bureaucrats will not able to interfere in their functioning
• Will get whatever financial resources they require and will be empowered to select andemploy any number of employees from within the government or outside.
8/3/2019 Ppt Jan Lokpal
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Corruption at High Levels
Present System - Despite Evidence, No Punishment
Proposed System - Jan Lokpal and Jan Lokayukta will ensure
punishment for corruption… by:
Time bound investigations – Investigation to be completed within 1 year
– May employ more staff to complete within time
8/3/2019 Ppt Jan Lokpal
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Corruption at High LevelsAfter investigation if proven guilty following 2 actions shall be taken:
Power to dismiss corrupt officers – If complaint is proved, can remove a govt officer or impose
departmental penalties
Time bound trial
– Will file a case in trial court
– Trial in the court to complete & announce punishmentwithin next 1 year
– May direct the govt to set up additional courts to
complete the trial in time
8/3/2019 Ppt Jan Lokpal
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Corruption at Low Levels
Common man is compelled to pay bribeJan Lokpal and Jan Lokayukta will provide relief to the common as:
Each govt dept will have to make Citizen’s Charter
– Charter specifies who does what job and in how much time
– Eg. charter will tell X officer will make ration card in Y days
8/3/2019 Ppt Jan Lokpal
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Corruption at Low Levels
The Vigilance Officer will have to
– Solve the grievance in 30 days
– Impose penalty on the guilty officers which will be
given to the Complainant as compensation
– Start investigations of corruption against guilty
officers
8/3/2019 Ppt Jan Lokpal
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How to ensure that there is
no corruption within
Jan Lokpal or Jan Lokayukta?
8/3/2019 Ppt Jan Lokpal
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1. By ensuring that the right person is selected!
Selection process for the members and Chairperson of JanLokpal and Jan Lokayukta has been kept transparent
and participatory
Selected by a Selection Committee comprising: – Prime Minister
– Leader of the opposition in Lok Sabha
– 2 youngest judges of Supreme Court (SC)
– 2 youngest Chief Justices of High Courts
– Comptroller and Auditor General (CAG)
– Chief Election Commissioner (CEC)
8/3/2019 Ppt Jan Lokpal
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2. By ensuring that they work well!
Jan Lokpal and Jan Lokayukta are directlyaccountable to people & transparent
Every complaint will have to be heard – No complaint can be rejected without giving a hearing
to the complainant.
–
If any case is closed like this, all records relating to itwill be made public
8/3/2019 Ppt Jan Lokpal
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2. By ensuring that they work well!• Will have to publish every month on its website:
– Cases received and cases disposed
– Cases closed, reasons for closure
– List of cases pending
• All records of all works will be open to the public, exceptsome which:
– Affect national security
– Endanger the whistle blower – Impede the process of ongoing investigation. But after
investigation is complete, these will have to bedisclosed
8/3/2019 Ppt Jan Lokpal
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Comparison
CURRENT SYSTEM PROPOSED JAN LOKPAL-JAN
LOKAYUKTA SYSTEM
J U D G E S –
S C & H
C
No FIR can be registered
against any Supreme
Court or High Court judge
without the permission of
Chief Justice of India.
It has been seen in the
past that the Chief Justice
of India tries to protect
his own fraternity of
judges and rarely gives
such a permission.
Under Jan Lokpal Bill, the full bench
of Lokpal will give permission to file
a case against any judge.
No permission will be required from
Chief Justice of India. Therefore,
corruption in higher judiciary will
also be checked through Jan Lokpal
Bill.
8/3/2019 Ppt Jan Lokpal
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Comparison
CURRENT SYSTEM PROPOSED JAN LOKPAL-JAN
LOKAYUKTA SYSTEM
P U N I S H M E N T
The quantum of
punishment for peopleconvicted of corruption
ranges from:
6 months to 7 years of
imprisonment
which is inadequate!
The punishment will range from:
1 year rigorous imprisonment tolife sentence.
Higher punishment for those in
higher rank.
8/3/2019 Ppt Jan Lokpal
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Comparison
CURRENT SYSTEM PROPOSED JAN LOKPAL-JANLOKAYUKTA SYSTEM
W
h i s t l e
b l o w e
r s
Currently, people whoreport corrupt practices
or raise their voice
against corruption are
being threatened,
victimized and even
murdered. There is no
protection for them.
Jan Lokpal and Jan Lokayukta will be
responsible for providing the
whistleblowers, whether inside or
outside the government, protection
from:
- Professional threat or
victimisation
- Physical threat or victimisation
8/3/2019 Ppt Jan Lokpal
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People supporting the cause
Anna Hazare, a Gandhian rights activist, had started a fast unto death
at Jantar Mantar in New Delhi demanding the passing of the bill. Hazarecalled off his hunger strike on the 9th of April, 2011 bringing to an end his 98-
hour protest after the government issued a gazette notification constituting a
10-member Joint Committee of government ministers and civil society
activists, including him, to draft a bill for the creation of an effective Lokpal.
Thousands of people from all over India, especially the youth, supportedAnna Hazare's cause by candle light marches and online campaigns through
social media.
Recently Yoga guru, Swami Ramdev, was on a fast for this cause for 9
consecutive days from 4 June - 12 June 2011. He wanted the Government of
India to accept various demands which mainly included those related to the
Lokpall bill.
8/3/2019 Ppt Jan Lokpal
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But now some people are saying……(criticism)
…….Prime Minister should not be covered under Jan Lokpal!
Judiciary should not be covered under Jan Lokpal…….
People’s Grievances will overburden them….
Lokpal should only investigate a few high profile cases of corruption!
……..Lokpal should not be given the responsibility of protecting the
whistleblowers!
CBI, CVC and departmental vigilance should not be merged into Lokpal… Let
Lokpal be a small body and let the existing anti-corruption bodies keep
functioning in ineffective manner as they are……
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