10 differences between Jan Lokpal Bill and Govt Bill 15 By: MR Madhavan, PRS Legislative Research The streets are

witnessing a demand that the government's Lok Pal Bill be replaced by the Jan Lok Pal Bill (JLP) as drafted by the team led by Anna Hazare. There are several significant differences between the two bills. In this note, we describe the some of these differences. First, there is a divergence on the jurisdiction of the Lok Pal. Both bills include ministers, MPs for any action outside Parliament, and Group A officers (and equivalent) of the government. The government Bill includes the Prime Minister after he demits office whereas the JLP includes a sitting Prime Minister. The JLP includes any act of an MP in respect of a speech or vote in Parliament (which is now protected by Article 105 of the Constitution). The JLP includes judges; the government Bill excludes them. The JLP includes all government officials, while the government Bill does not include junior (below Group A) officials. The government Bill also includes officers of NGOs who receive government funds or any funds from the public; JLP does not cover NGOs. Second, the two Bills differ on the composition. The government Bill has a chairperson and up to 8 members; at least half the members must have a judicial background. The JLP has a chairperson and 10 members, of which 4 have a judicial background.

the government Bill requires at least 25 years experience in anti-corruption policy. For other members. The JLP has a lower age limit of 45 years. public administration. The selection will be made by a committee consisting of the Prime Minister. the process of selecting the Lok Pal members is different. two Supreme Court judges. there are some differences in the qualifications of a member of the Lok Pal. The selection committee consists of the Prime Minister. the leaders of Opposition in both Houses of Parliament. a high court chief justice. the Chief Election Commissioner. the Comptroller and Auditor General and all previous Lok Pal chairpersons.Third. The selection committee may. The government Bill has a simpler process. The government Bill requires the judicial member to be a Supreme Court judge or a high court chief justice. and disqualifies anyone who has been in government service in the previous two years. an eminent jurist and an eminent person in public life. . at its discretion. a Supreme Court judge. The JLP requires a judicial member to have held judicial office for 10 years or been a high court or Supreme Court advocate for 15 years. two high court chief justices. they will select the other five from civil society. appoint a search committee to shortlist candidates. A search committee will shortlist potential candidates. vigilance or finance. The Lok Pal chairperson and members will be selected from this shortlist by a selection committee. the Leader of Opposition in Lok Sabha. Chief Election Commissioner or Comptroller and Auditor General. The search committee will have 10 members. five of these would have retired as Chief Justice of India. The JLP has a two stage process. Fourth.

In the government Bill. the government Bill provides for an investigation wing under the Lok Pal. The JLP states that the CBI will be under the Lok Pal while investigating corruption cases. the offences covered by the bills vary. Seventh. followed by removal if the member is found to be biased or corrupt. the CBI's prosecution wing will conduct this function. infirmity of mind or body. No prior sanction is required. includes offences by public servants under the Indian Penal Code.Fifth. The JLP has a different process. the process for removal of Lok Pal members is different. The government Bill deals only with offences under the Prevention of Corruption Act. the process for prosecution is different. infirmity of mind or body. A copy of the report is to be sent to the competent authority. The reference may be made by the president (a) on his own. in addition. prosecution of the Prime Minister. In the JLP. In the JLP. insolvency or paid employment. If the court finds misbehaviour. MPs and judges . The JLP. The government Bill permits the president to make a reference to the Supreme Court for an inquiry. The President may also remove any member for insolvency. the Lok Pal may initiate prosecution in a special court. Sixth. the government Bill provides for a prosecution wing of the Lok Pal. or engaging in paid employment. Ninth. (a) on a petition signed by 100 MPs or (c) on a petition by a citizen if the President is then satisfied that it should be referred. victimization of whistleblowers and repeated violation of citizen's charter. Eighth. The process starts with a complaint by any person to the Supreme Court. ministers. it may recommend his removal to the President.

The government Bill does not deal with grievance redressal. in addition to the process for prosecuting corruption cases. This may be a good opportunity to enact a law which includes the better provisions of each of these two bills. Tenth.of Supreme Court and high courts may be initiated only with the permission of a 7-judge bench of the Lok Pal. Given the widespread media coverage and public discussions. It requires every public authority to publish citizen's charters listing its commitments to citizens. it is important that citizens understand the differences and nuances. . the JLP deals with grievance redressal of citizens.

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