The Story of the Lokpal

LOKPAL BILL (GOVERNMENT)

JAN LOKPAL BILL (CIVIL SOCIETY)

Under this bill, lokpal cannot initiate a case suo motu (on its own) nor can it receive complaints of corruption directly from the general public. People have to make their complaints to speaker of Lok Sabha or chairperson of Rajya Sabha. The complaints which are approved by them will reach Lokpal. (As speaker of Lok Sabha belongs to the ruling party, he may not work transparently on the issue. Hence, the intent of bill will not be fulfilled.)

Lokpal will have powers to initiate suo motu action and it can directly receive complaints from the public.

Lokpal will be an advisory body. It will forward its report to a “competent authority”. Hence, the lokpal will not have powers to take direct action.

Lokpal is not an advisory body. Lokpal will have the power to initiate prosecution of anyone found guilty.

The Government proposed a time limit of six months to one year for investigation against a corrupt official. However, no time limit for prosecution is proposed.

The Jan Lokpal draft suggests one year or less for investigation and one year for prosecution. So that the corrupt official lands in jail within 2 yrs.

Lokpal will have no police powers to register an FIR (First Information Report) or proceed with criminal investigations.

Lokpal will have police powers as well as the ability to register FIRs.

The Lokpal will be a three member body consisting of a chairperson who is a present or retired Chief Justice or Supreme Court judge, and two members who are  high courts judges or chief justices.

Lokpal would have ten members and one Chairperson. Out of them four need to have a legal background  (they need not be judges).

Punishment for corruption is minimum 6 months and maximum 7 years.

The punishment would be minimum 5 years and maximum of life imprisonment.

The selection committee consists of Vice President, PM, Leaders of both houses, Leaders of opposition in both houses, Law Minister and Home minister. (Selection committee will be heavily loaded in favour of the ruling party. Effectively, ruling party will make the final selections.)

Selection committee consists of members from judicial background, Chief Election Commissioner, Comptroller and Auditor General of India and international awardees  (like Noble prize and Magsaysay winners of Indian origin). A detailed transparent and participatory selection process has been prescribed.

Lokpal will not have powers to investigate any case against PM, which deals with foreign affairs, security and defence. (which means that it will become impossible to investigate into cases like Bofors scam in the future!!)

There is no such bar on Lokpal’s  powers.

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 the accused after conviction.

There is no provision related to whistle-blowers.

Lokpal will have powers to provide protection against physical and professional victimization of whistle-blowers.

CBI and Lokpal will be unconnected.

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.

There is a strong punishment for frivolous complaints. If any complaint is found to be false, Lokpal will have the power to send the complainant to jail but if the complaint were found to be true.

Deterrence has been provided against frivolous complaints in the form of financial penalties against the complainant.