LOKPAL BILL

2011 OBJECTIVE VIEWS

GOVERNMENT VS TEAM ANNA

SHOULD THE PM COME UNDER THE AMBIT OF LOKPAL?

TEAM ANNA
COMPLAIN OF CORRUPTION

GOVERNMENT
COMPLAIN OF CORRUPTION

7 MEMBER LOKPAL PANEL

GUILTY OR NOT GUILTY PM WILL HAVE TO RESIGN

COMPLAIN NOT ENTERTAINED UNLESS PM DEMITS OFFICE AFTER COMPLETING HIS TERM

POLITICAL INSTABILITY DURING ERA OF COALITION GOVTS/MULTIPLE PARTIES NO POLITICAL SEAT IN INDIA IN WAR LIKE SITUATION

FORMER PM PROSECUTED IF GUILTY STABLE GOVT. FOR 5 YEARS EVEN IN DIFFICULT CIRCUMSTANCES

SHOULD LOWER BUREAUCRACY BE UNDER AMBIT OF LOKPAL?

TEAM ANNA
YES, IT SHOULD COME WILL CREATE A FORCE OF 50,000 JUNIOR LOKPALS TO MONITOR THE STATE AND CENTRAL BUREAUCRACY EVERYBODY WILL OVERSEE EVERYBODY THE FEAR OF A LOKPAL ENQUIRY WILL RESULT IN SLOW DECISION MAKING AT LOWER LEVEL, PAIN FOR AAM AADMI !

GOVERNMENT
NO IT SHOULD NOT COME, ONLY HIGHER BUREAUCRACY FOR LARGE SCAMS

WHERE WILL THE GOVT. GET 50,000 HONEST JUNIOR LOKPALS, FROM THE SAME CORRUPT SYSTEM? 1.5 CRORE GOVT EMPLOYEES SYSTEMS LIKE RTI, PUBLIC GRIEVENCES, E-GOVERNANCE ALREADY IN PLACE AND ARE BENIFFITING AAM AADMI !

SHOULD MPS CASH FOR VOTE ETC BE INCLUDED?

TEAM ANNA
YES, IT SHOULD COME ALLEGATION OF BRIBERY FOR VOTE OR SPEAK IN PARLIAMENT 7 MEMBER LOKPAL MAY/MAY NOT PROSECUTE AN ELECTED MP

GOVERNMENT
NO IT SHOULD NOT COME

SUCH ALLEGATIONS SHOULD BE LEFT TO BE INVESTIGATED AND PROSECUTED BY THE PARLIAMENT AND IN COURT PARLIAMENT IS SUPREME AND UNDER CONSTITUTION ITS POWERS SHOULD NOT BE DISSOLVED, UNLESS THEY ARE AMMENDED

UNLESS RIGHT TO RECALL IS IMPLEMENTED WITH ELECTORAL REFORMS THIS IS SUBVERSION OF POWERS OF PARLIAMENT

SHOULD JUDICIARY BE BROUGHT UNDER LOKPAL?

TEAM ANNA
YES, IT SHOULD COME 7 MEMBER LOKPAL MAY/MAY NOT PROSECUTE THE JUDGE

GOVERNMENT
SOLUTION IN JUDICIAL ACCOUNTABILITY BILL, NOT IN LOKPAL BILL

RESULTS IN INTERFERING IN THE BASIC STRUCTURE OF CONSTITUTION,WHERE THE 3 ORGANSLEGILATURE, EXECUTIVE AND JUDICIARY ARE INDEPENDENT

LAW ALREADY DRAFTED AND ON WEBSITE OF MINISTRY OF LAW AND JUSTICE, DUE SUGGESTIONS WILL BE ENTERTAINED AND REMOVAL OF JUDGES WILL FOLLOW ACCORDING TO THE LAW, LOKPAL CANNOT INTEREFE IN BASIC ORGANS

LOKAYUKTA

TEAM ANNA

GOVERNMENT

THE SAME BILL SHOULD MORE THAN 18 STATES PROVIDE LOKPAL AT CENTRE ALREADY HAVE A AND LOKAYUKTA IN STATES LOKAYUKTA

CHANGES THE BASIC FEDERAL STRUCTURE OF INDIAN CONSTITUTION

MORE LOKAYUKTAS CAN BE APPOINTED BY THE STATES WITH THEIR OWN LAWS

SHOULD EACH DEPT HAVE A CITIZEN CHARTER FOR GRIEVANCE REDRESSEL ?

TEAM ANNA
YES EACH DEPARTMENT SHOULD SPECIFY WHICH WORK WILL BE DONE BY WHICH OFFICER IN HOW MUCH TIME LOKPAL TO ACT AS OFFICER AND PENALTY TO BE IMPOSED IF NOT FOLLOWED LOKPAL OVERSEES EVERY LITTLE THING, LOKPAL BECOMES SUPREME

GOVERNMENT
ALREADY A PUBLIC GRIEVANCE REDRESS CELL IN PLACE IN CENTRAL GOVT

THE PM MONITORS THE MINISTRIES, THE MINISTERIES MONITOR THEIR DEPARTMENTS, RTI IN PLACE, SCOPE OF A LOT OF IMPROVEMENT BY ENGAGING IN REFORMS ON LARGE SCALE

WHISTLEBLOWER PROTECTION

TEAM ANNA
LOKPAL TO PROVIDE PROTECTION

GOVERNMENT
WORKING ON A SEPARATE WHISTLEBLOWER PROTECTION BILL

COMPLAINTS BY WHISTLEBLOWERS MUST BE TRACKED AND THEY MUST BE PROTECTED

BILL IN THE DOMAIN OF STANDING COMMITTEE OF PARLIAMENT, BEING DISCUSSED AND RELAVENT SUGGESTIONS WILL BE TAKEN. DUE PROCESS OF LEGISLATION WILL BE FOLLOWED

FALSE/FRIVILOUS COMPLAINTS TO LOKPAL

TEAM ANNA
3 MONTHS OF JAIL IF AGAINST A MEMBER OF LOKPAL NO JAIL, FINE UPTO ONE LAKH IMPOSED BY THE LOKPAL

GOVERNMENT
2 TO 5 YEARS OF JAIL IF A SERIOUS COMPLAINT. 20,000 TO 5 LAKH RUPEE PENALTY THIS CLAUSE WILL HAVE ADVERSE IMPACT ON THE FUNCTIONING OF A LOKPAL. MANY LESS COMPLAINTS WOULD BE RECEIVED

ANYBODY CAN MAKE ANY COMPLAINT AND WILL BE SCOTT FREE

DISMISSAL OF A GOVT. OFFICIAL GUILTY OF CORRUPTION

TEAM ANNA
LOKPAL TO INITIATE PROSECUTION ACCORDING TO PAC (PREVENTION OF CORRUPTION ACT 1988) LOKPAL CAN APPOINT RETIRED JUDGES/JUDICIAL OFFICERS TO PROSECUTE

GOVERNMENT
LOKPAL TO FILE A CASE IN SPECIAL COURT

THE COMPETANT AUTHORITY AFTER RECEIVING THE REPORT FROM LOKPAL HAS TO TAKE ACTION WITHIN 30 DAYS AND INFORM THE LOKPAL

PROSECUTION OF PM TO BE INITIATED BY SC ONLY BE SANCTION OF LOKPAL, HENCE LOKPAL BECOMES

SUPER SANCTIONING AUTHORITY !

FOR PM/MINISTERS , THE REPORT OF LOKPAL TO BE TABLED IN LOK SABHA, THEN ACTION WITHIN 90 DAYS

PUNISHMENT OF CORRUPTION

TEAM ANNA
MAXIMUM PUNISHMENT OF LIFE IMPRISONMENT

GOVERNMENT
MAXIMUM PUNISHMENT OF 10 YEARS

PUBLIC SERVANT TO BE REMOVED IF FOUND GUILTY

PUBLIC SERVANT TO BE REMOVED IF FOUND GUILTY

ACCORDING TO IPC, LIFE IMPRISONMENT IS 14 YEARS IF CONDUCT IS GOOD, FOR OFFENCES LIKE MURDER, FOR CORRUPTION- 10 YEARS SEEMS JUSTIFIED

MERGER OF CBI WITH LOKPAL

TEAM ANNA
CBI UNDER LOKPAL

GOVERNMENT
LOKPAL WILL HAVE ITS OWN INVESTIGATIVE WING NO SANCTION SHALL BE REQUIRED BY THE LOKPAL TO INQUIRE ANY COMPLAINT AGAINST A PUBLIC SERVANT

MAKE CBI INDEPENDENT CBI UNDER LOKPAL CANNOT BE INDEPENDENT, FOR CBI TO BE INDEPENDENT- IT SHOULD BE MONITERED BY THE SUPREME COURT LIKE IN THE RECENT CORRUPTION CASES

ALREADY BURDENED CBI CANNOT PERFORM SO MANY FUNCTIONS, ITS WING SHOULD BE STRENGTHENED.

WHO WILL LOKPAL BE ACCOUNTABLE TO?

TEAM ANNA
TO THE PEOPLE TO BE PROSECUTED BY SUPREME COURT INITIATES PROCEEDINGS BY RECEIVING A COMPLAINT LOKPAL IS A UELECTED SUPER EXECUTIVE AUTHORITY, ACCOUNTABLE TO NONEAS IT HAS THE POWERS TO PROSECUTE- LEGISLATURE, EXECUTIVE AS WELL AS JUDICIARY

GOVERNMENT
ACCOUNTABLE TO ALL THE EXECUTIVE, LEGILATURE AND JUDICIARY-ALL ORGANS OF THE CONSTITUTION

THIS WILL JUSTIFY ITS FUNCTION OF ACTING AS A REAL OMBUDSMEN BETWEEN ALL ORGANS

SELECTION OF LOKPAL MEMBERS

TEAM ANNA
SELECTION COMMITTEE OF 4 JUDGES, 2 POLITICIANS AND 2 BUREAUCRATS. MEMBERS OF THAT COMMITTEE BE SELECTED BY 10 CVIL SOCIETY REPRESENTATIVES DEFINATION OF CIVIL SOCIETY MEMBERS VAGUE. WHO REPRESENTS THAT CIVIL SOCIETY NOT KNOWN

GOVERNMENT
SELECTION COMMITTEE OF 5 POLITICIANS, 2 JUDGES, AN EMINENT JURIST AND ONE EMINENT PERSON WITH DEALING WITH ANTI CORRUPTION RTI CAN BE USED TO ATTAIN INFORMATION ON WHAT GROUNDS, THE COMMITTEE SELECTED THE MEMBERS OF THE LOKPAL

FINANCES OF LOKPAL

TEAM ANNA
LOKPAL BUDGET CHARGED TO CONSOLIDATED FUND OF INDIA BUDGET DECIDED BY LOKPAL, NOT TO EXCEED 0.25% OF REVENUE OF GOVT OF INDIA

GOVERNMENT
LOKPAL BUDGET CHARGED TO CONSOLIDATED FUND OF INDIA BUDGET TO BE DECIDED BY THE FINANCE MINISTRY

LOKPAL BECOMES THE ONLY ORGAN OF THE GOVT WHOSE BUDGET IS NOT DECIDED BY FINANCE MINISTRY. AGAIN A SUPER

INDIA IS GROWING AT 8.5% PER ANNUM. NO MINISTRY IN GOVT OF INDIA IS FACING REAL FINANCIAL PROBLEMS

AUTHORITY !

POWERS TO TAP PHONES

TEAM ANNA
LOKPAL CAN TAP PHONES

GOVERNMENT
SANCTION OF HOME SEC REQUIRED TO TAP PHONES

ENDANGERING NATIONAL SECURITY, IF HOME SEC IS NOT CONSULTED

NGOS UNDER LOKPAL

TEAM ANNA
NO NGOS COVERED OTHER THAN GOVT. FUNDED

GOVERNMENT
ALL NGOS, OFFICERS OF ORGANIZATIONS HAVING AN ANNUAL INCOME ABOVE A SPECIFIED AMOUNT RECEIVING FUNDS FROM THE GOVERNMENT OR THE PUBLIC.

NO TRANSPARENCY FOR PRIVATE PLAYERS, THE SO CALLED CORRUPTION CRUSADE IS ONLY AGAINST GOVERNMENT AND NOT THE ENTIRE SYSTEM

CORRUPTION IS A UNIVERSAL PROBLEM AND NEEDS TO DEALT WITH COMPREHENSIVELY

DO WE NEED A SUPER MONSTER OR AN OMBUDSMEN ? YOU BE THE JUDGE !