Role of Lokpal and Lokayukta in Eradicating Corruption

SUBMITTED BY:AMIT KUMARRAJIV GANDHI NATIONAL UNIVERSITY Of LAW, PATIALA, PUNJAB

INTRODUCTION1. Corruption:Definition and Meaning.......................Types of Corruption.............................Development of Anti-Corruption Laws in India

2. Karnataka LokayuktaBrief History...........................................Salient Features.....................................Performance..........................................

3.Lok Pal BillHistory of the Bill.................................Salient Features of the Bill................... Analysis of the Bill..............................

4.How to Eradicate corruption

CORRUPTION DEFINITION (Transparency International )“Corruption is one of the greatest challenges of the contemporary world. It undermines good government, fundamentally distorts public policy, leads to the misallocation of resources, harms the private sector and private sector development and particularly hurts the poor.

THE SANTHANAM Committee Report, 1964 defines Corruption as a complex problem having roots and ramifications in society as a whole. In its widest connotation, corruption includes improper or selfish exercise of power and influence attached to a public office.

Corruption is also defined as 'the abuse of public power for personal ends’.

TYPES OF CORRUPTION

Extortionary corruption, in which the citizen has no choice: If he doesn't pay up he will end up losing time and money on a much bigger scale. And this is what bothers us most on a day-to-day basis. If I go to a government office to obtain a birth certificate and the clerk demands a bribe of 50 rupees and if I don't pay up, I will end up going to the office some twenty times in the next one month and I may miss a dead line to apply for my child's admission or face some other problem.

EXTORTIONARY

Collusive corruption is the situation where the person who is paying up in collusion with the public authority to fleece the general public. This is in the case of contracts, tenders and projects etc. Money often changes the hands and ultimately loser is neither the public servant nor the person who pays but the general public, because in a different form the cost of public service goes up or the efficiency goes down

COLLUSIVE

DEVELOPMENT OF Anti Corruption Laws

Indian Penal Code, 1860

Delhi Special Police Establishment Act, 1946

The Prevention of Corruption Act, 1947

The Criminal Law Amendment act, 1952

The Criminal Law Amendment Act, 1958

The Landmark ActPrevention of Corruption Act, 1988In 1985 another Committee went into the working of the Prevention of Corruption Act 1947 and its recommendation led to the Prevention of Corruption Act 1988.

•The list of `public servants' was further enlarged by including MPs and MLAs among others.

•Presumption under sections 7, 11, 131(A) and (B) of Prevention of Corruption Act, 1947 was raised.

•S.161 to 165, IPC were deleted from IPC 1860.

•The Criminal Law Amendment Act 1952 was repealed and its provision incorporated in the new Act.

Karnataka Lokayukta,1984 Introduction• Based on the recommendation of

Administrative Reform Commission , the Karnataka State Legislature enacted the Karnataka Lokayukta Act 1984

• to improve the standards of Public Administration,

• by investigating into allegations or grievances in respect of administrative actions, including cases of corruption, favoritism and official indiscipline in administrative machinery,

• relating to matters specified in List II or List III of the 7th Schedule of the Constitution of India.

Performance The Lokayukta and Upalokayukta institutions

in Karnataka function in compliance with two key acts:

• The Karnataka Lokayukta Act, 1984• The Prevention of Corruption Act, 1988

1.Appointment of Lokayukta ( sec 3)•A person to be appointed as the Lokayukta shall be a person who has held the office of a Judge of the Supreme Court or that of the Chief Justice of a High Court .•He shall be appointed on the advice tendered by the Chief Minister in consultation with the Chief Justice of the High Court of Karnataka, the Chairman, Karnataka Legislative Council, the Speaker, Karnataka Legislative Assembly, the Leader of the Opposition in the Karnataka Legislative Council and the Leader of the Opposition in the Karnataka Legislative Assembly.

2.Term of office •A person appointed as the Lokayukta or Upalokayukta shall hold office for a term of five years from the date on which he enters upon his office;

Salient Features

CONTINUE……• The public servants who are

covered by the Act include :-

• Chief Minister;

• All other Ministers and Members of the State Legislature;

• All officers of the State Government;

• Chairman, Vice Chairman of local authorities, Statutory bodies or Corporations established by or under any law of the State Legislature, including Co-operative Societies

• Persons in the service of Local Authorities, Corporations owned or controlled by the State Government, a company in which not less than 50% of the shares are held by the State Government, Societies registered under the State Registration Act, Co-operative Societies and Universities established by or under any law of the Legislature.

The Indian Lokpal Bill

1. IntroductionThe Indian Lokpal is synonymous to the institution of Ombudsman existing in the Scandinavian 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 against the tyranny of officialdom'.

The Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of a two-tier machinery - of a Lokpal at the Centre, and Lokayukt(a)s in the states.

The Lokpal Bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969. However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, resulting the first death of the bill. The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and most recently in 2008

Salient Features of the BillI. Members:Lokpal is to be a three member body with a chairperson who is or has been a chief justice or judge of the Supreme Court; and it’s two other members who are or have been judges or chief justices of high courts around the country.

II. Appointment :The chairperson and members shall be appointed by the President by warrant under his hand and seal on the recommendation of a committee consisting of the following persons. The Vice-President (Chairman)b. The PM (c) c. The Speaker of LS d. Home Ministere. Leader of the House, other than the house in which PM is a member. f. Leaders of Opposition of both the houses.

Iii. Jurisdiction of Lokpal: • The central level political functionaries like the Council of Ministers including the Prime Minister, the Members of Parliament etc. • He cannot inquire into any allegation against the PM in relation to latter's functions of national security and public order. •Complaints of offence committed within 10 years from the date of complaint can be taken up for investigation, not beyond this period.

How to Eradicate Corruption?• Long Term Absence of Upalokayukta or

Lokayukta

• Sanction for Prosecution from Competent/Disciplinary Authority

• Suo Motu Powers to Investigate

• Limited Scope of Investigation

How to Eradicate Corruption?

CONCLUSION