Lokpal Bill

Lokpal Bill

1. Topic: The Lokpal and Lokayuktas Act, 2013 Name: Jatin Sherawat Roll no.: 19

2. Contents Introduction Historical background Need of Lokpal Applicability in India Salient features of Lokpal Lokpal and Jan-Lokpal Critical Issues Achievements/failure/criticism/suggestion Conclusion

3. Introduction “corruption and hypocrisy ought not to be inevitable products of democracy” ‘Mahatma Gandhi’ Ombudsman: A watchdog on Government, investigating and resolving citizen’s complaints Lokpal: an Indian version of ombudsman office . The word ‘ lokpal ’ has derived from the sanskrit word ‘ loka ’ (people) and ‘ pala ’ (protector/caretaker). So the word ‘ lokpal ’ means ‘protector of people’.

4. Historical Background The institution of ombudsman originated in Scandinavian countries . The institution of ‘Ombudsman’ first came into being in Sweden in 1713 when a ‘Chancellor of Justice’ was appointed by the King to act as invigilator to look into the functioning of war-time government. Amongst other countries, New Zealand was the first country outside Scandinavian to institute an Ombudsman in 1962. It has been adopted in a number of countries, such as Finland, 1919; Denmark, 1954; there are Ombudsman offices in over 80 countries at the national provincial and local level. 20 th Century- In India, the Ombudsman is known as the Lokpal or Lokayukta. The concept of a constitutional ombudsman was first proposed by the Law Minister Ashoke Kumar Sen in parliament in the early 1960s. The term ‘Lokpal’ and ‘Lokayukta’ were coined by Dr. L. M. Singhvi as the Indian model of Ombudsman for redressal of public grievances. It was passed in lok-sabha in 1968 but it was lapsed with the dissolution of Lok-sabha. And since then many times it was passed in Lok-sabha but lapsed.

5. Corruption Everyone censures corruption at a societal stage but that does not mean that anyone has escaped from the flu of corruption A 2005 study conducted by Transparency International in India found that more than 62% of Indian had first-hand experience of paying bribes or influence peddling to get jobs done in public offices successfully Prevention of Corruption Act , 1988

6. 21 th Century- Revolution It was the time when people across the country were fed up and furious with reading news about ‘corruption and Rape’ this led to the mass movement in India Particularly in Delhi headed by the social activist ‘Anna Hazare ’. Anna Hazare He is social activist which led the mass movement called India against corruption and did his fast till death if government do not agree to pass Lokpal Bill. India Against Corruption The movement at Jantar Mantar in Delhi opened the eyes of the people sleeping or who said that what a common man can do .

7. Need for Lokpal “Whereas” the Constitution of India established a democratic republic to ensure justice to all. Various institution of governance as well as democratic institution have worked to safeguard participatory democracy. And whereas graft and corruption have become a serious disease to the society and governance. And whereas India is signatory to the United Nation Convention against corruption After independence, increasing magnitude of developmental and welfare responsibilities of the government has boosted the proliferation of the administrative machinery. Consequently, over the years numerous cases of corruption, maladministration and misuse of authority and resources have started coming to light

8. Applicability in India Constitutional validity of Lokpal- No provision in the constitution of India. But Art- 253 says that parliament is empowered to enact laws on matters enforced in international treaties and UN convention. On United Human rights Convention we enacted laws to establish National Human Law Commission. Similarly, in 2003 UN on fighting corruption empowers parliament to make laws to prevent corruption.

9. Salient features of Lokpal Bill 2011 The Lokpal Bill provides for constitution of the Lokpal as an independent body to enquire into cases of corruption against public functionaries, with a mechanism for filing complaints and conducting inquiries etc. Followings are some important features of Lokpal- Lokpal at the Centre and Lokayuktas at the levels of the states Lokpal will consist of a Chairperson and maximum of eight members, of which 50 percent shall judicial members and from SC/ST/OBCs, Minorities and Women .

10. The selection of Chairperson and members of Lokpal shall be through a selection committee consisting of Prime Minister , Speaker of Lok Sabha , Leader of Opposition in the Lok Sabha , Chief Justice of India or a sitting Supreme Court judge nominated by CJI, eminent jurist to be nominated by the President of India on the basis of recommendations of the first four members of the selection committee. Lokpal’s jurisdiction will cover all categories of public servants. All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are brought under the jurisdiction of Lokpal . Etc.

11. Comparative Study The movement compelled the then ruling Government to pass Lokpal. However the bill introduced by the government was weak according to Anna Hazare. Which again led to the agitation among the people. There was a huge difference between Government’s Lokpal and Jan-Lokpal.

12. Understanding the Drafts of Government and Civil Society: Critical Issues Government’s Lokpal Prime Minister- PM kept out of Lokpal’s purview Judiciary- Judiciary is also kept out of Lokpal Jan-Lokpal Lokpal should have power to investigate allegations of corruption against PM. Special safeguards provided against frivolous &mischievous complaints Lokpal should have power to investigate allegations of corruption against Judiciary. Special safeguards provided against frivolous &mischievous complaints

13. Cont.. Government’s Lokpal MPs- Government has excluded this from Lokpal’s purview. Central Bureau Investigation- Government wants to retain its hold on CBI. With 5 out of 10 members from ruling establishment, 6 politicians in selection committee, ensured that only pliable& weak people be selected Search committee to be selected by selection committee No selection process provided Jan- Lokpal Lokpal should be able to investigate allegations that any MP had taken bribe to vote or speak in Parliament Anti-corruption branch of CBI should be merged into Lokpal. Broad based selection committee with 2 politicians, 4 judges and2independent constitutional authorities. An independent search committee consisting of retired constitutional authorities to prepare first list. A detailed transparent selection process with PUBLIC PARTICIPATION

14. Cont.. Government’s Lokpal Accountability- Accountable to the Government. Only government can seek removal of Lokpal . Method of Enquiry-Cr PC being amended -Special protection to the accused After preliminary enquiry, all evidence provided to the accused & hearing for why an FIR should not be regd. against him. After completion of investigations, again all evidence provided &hearing for why a case should not be filed against him in the court. During investigations, if investigations are to be started against any new persons, they would also be presented with all evidence against them and heard . Jan-Lokpal Accountable to the PEOPLE-Any Citizen can make a complaint to Supreme Court and seek removal. Judicial review over the actions of the Lokpal by the High Courts under Article 226 and the Supreme Court under Article 32 and 136 Method would be the same as provided in Cr PC like in any other criminal case. After preliminary enquiry, an FIR will be registered. After investigations, case will be presented before a court, where the trial will take place.

15. Achievements/failure/criticism Achievements- Yes the achievement is that the Lokpal and lokayuktas Act, 2013 has been passed . Failure- Act passed-but not working Supreme Court many times criticized the govt. Still people are waiting for 15 lacs . Still waiting for ‘Ache Din ’ Criticism- criticism on Government is that they can not tolerate criticism Aseem Trivedi one of the cartoonists was arrested when he posted certain cartoons on social website expressing his views on corruption.

16. Conclusion From the above stated discussions we may conclude that we all know that the biggest disease of all is not disease but corruption. It does not mean that we are not corrupt. It is a broad term and include many things. For example when parents say to a child to hide his/her age when TT comes to check ticket. I believe that CBI should be independent otherwise we will hear of getting 15 lacks but will get nothing. “Every revolution evaporates and only leaves behind the slime of a new bureaucracy” Franz Kafka (1883-1924 )

17. Thank You