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English Janlokpal

English Janlokpal

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Published by Sandip Singh

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Published by: Sandip Singh on Apr 24, 2012
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04/24/2012

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JAN LOKPAL BILL

Anna Hazare spearheaded a nationwide campaign to demand a strong anticorruption law

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

.Let’s understand JAN LOKPAL BILL • 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 and employ any number of employees from within the government or outside.

Despite Evidence. No Punishment Proposed System .Corruption at High Levels Present 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 .

Corruption at High After investigation ifLevels 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 punishment within next 1 year – May direct the govt to set up additional .

they shall ban transfer of assets of the accused – At the time of conviction. the court will assess the loss caused to the govt – Entire loss to be recovered from the assets of the accused Currently no such provision in our existing laws .Corruption at High Levels Provision for: Recovery of loss caused to govt – During investigations.

Corruption at High Levels Provision for:  Confiscation of Assets – Each bureaucrat. on the official website . politician and judge to submit their statement of moveable and immoveable assets every year – This will be declared publicly.

a case will be registered . assets declared by each candidate to be verified – If undeclared assets are found.Corruption at High Levels Provision for:  Confiscation of Assets – If an asset is found to be owned by a public servant later and undeclared. it will be deemed to be obtained through corruption – After each election.

• Initiate contempt proceedings against .Corruption at High Levels And most importantly Jan Lokpal and Jan Lokayukta have: Power to punish if its orders are not followed • Can impose financial penalties on the guilty officials.

Corruption at Low Levels Common man is compelled to pay bribe Jan 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 .

Corruption at Low Levels • If Charter is not followed. then people can complain to the Head of that department who will be designated as the Public Grievance Officer (PGO) • PGO will redress the complaint within 30 days maximum .

it will be deemed to have corruption angle. . • When a complaint is made to Jan Lokpal or Jan Lokayukta. then a complaint can be made to the Vigilance officer of Jan Lokpal and Jan Lokayukta.Corruption at Low Levels • If PGO doesn’t satisfy the complainant.

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 .

How to ensure that there is no corruption within Jan Lokpal or Jan Lokayukta? .

1. By ensuring that the right person is selected! Selection process for the members and Chairperson of Jan Lokpal 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 .

1. By ensuring that the right person is selected! • The Selection Committee will make the above appointment from a pool of shortlisted candidates that has been identified by a Search Committee • Search Committee is a 10-member committee formed as follows: – Selection Committee selects 5 members from retired Chief Election Commissioners and retired CAGs. – These 5 members will select another 5 members from civil society to make the .

Ensuring that the right person is selected! When the Selection Committee chooses. those CECs and CAGs are ineligible to become part of Search Committee: – who have any substantive allegation of corruption against them – who have joined any political party after retirement – who are still in any government .1.

Ensuring that the right person is selected! • Search Committee will invite recommendations from various eminent people from reputed institutions – Like for instance Directors of IITs . by consensus .IIMs . Editors and many others. • Names will be put up on a website and public feedback invited • Search committee will choose 3 times the number of vacancies.1.

by consensus • All the meetings of the Search Committee and Selection Committee shall be video recorded and will be made public. • Jan Lokpal and Jan Lokayukta will select & appoint its own officers and staff .2. Ensuring that the right person is selected! • Selection committee will choose from this list.

all records relating to it will be made public .2. By ensuring that they work well! Jan Lokpal and Jan Lokayukta are directly accountable 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.

By ensuring that they work well! • Will have to publish every month on its website: – Cases received and cases disposed – Cases closed. except some which: – Affect national security – Endanger the whistle blower – Impede the process of ongoing investigation. But after investigation is .2. reasons for closure – List of cases pending • All records of all works will be open to the public.

By ensuring that Jan Lokpal and Jan Lokayukt are not influenced! The Chairperson and members of Lokpal and Lokayukta will not be eligible for appointment to any position in the govt or for contesting elections after they leave office. .3.

Jan Lokpal or Jan Lokayukt will dismiss him from job in the next 1 month – Criminal case will be registered under . Chief Vigilance Officers will be made to Jan Lokpal or Jan Lokayukta – Enquiry of complaint within 1 month – If the allegation proved. can be removed! Complaints against Staff like the Public Grievance Officers. By ensuring that if not working well.4. Vigilance Officers.

Complaints against members and chair person of Lokpal and Lokayukta: • Will be made to Supreme Court or respective High Court through a petition • A five judge bench of respective Court. By ensuring that if not working well can be removed! . will hear the petition • After hearing may order the formation of a Special Investigation Team (SIT) • SIT will have to conduct inquiry and submit its report within 3 months On the basis of this enquiry report. the respective Court may order removal of the 4.

Comparison .

Comparison .

Comparison .

Comparison .

Comparison .

Prime Minister should not be covered under Jan Lokpal! Judiciary should not be covered under Jan Lokpal…….. 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…… . Lokpal should only investigate a few high profile cases of corruption! …….Lokpal should not be given the responsibility of protecting the whistleblowers! CBI. People’s Grievances will overburden them….But now some people are saying…… …….

What do you think? Please raise your voice Don’t keep silent Write to the newspapers and TV channels in your area and tell them what do you want .

Ghaziabad.com Or By post : A-119.2 Version of Jan Lokpal Bill can be downloaded from www.indiaagainstcorruption. Kaushambi. Uttar Pradesh: 201010 2.com/indiacor   . First Floor.org Join the movement send a missed call at 022-61550789 facebook.Give us Suggestions on Jan Lokpal Bill… By email: lokpalbillcomments@gmail.

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