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The Jan Lokpal Bill (Hindi: जन
) (also referred to as the citizens'
ombudsman bill) is a proposed anti-corruption law in India. It is designed to effectively deter corruption, redress grievances and protect whistle-blowers. If passed and made into law, the bill seeks to create an ombudsman called the Lokpal (translation: protector of the people) - an independent body similar to the Election Commission of India with the power to investigate politicians and bureaucrats without prior government permission. First introduced in 1969, the bill has failed to become law for nearly over four decades. In 2011, Gandhian rights activist Anna Hazare started a Satyagraha movement by commencing a fast unto death in New Delhi to demand the passing of the bill. The movement attracted attention in the media, and thousands of supporters. Following Hazare's four day hunger strike, the Indian Prime Minister Manmohan Singh stated that the bill would be re-introduced in the 2011 monsoon session of the Parliament. Attempts to draft a compromise bill, merging the Government's version and that of the civil group's version (Jan Lokpal), by a committee of five Cabinet Ministers and five social activists failed. The Indian government introduced its own version of the bill in the parliament, which the activists consider to be too weak .
1 Background 2 Key features of proposed bill 3 Difference between Government and activist drafts 4 Protests o o o o 4.1 Local march by Delhi residents 4.2 Satyagraha Movement by activist Anna Hazare 4.3 One-day fast by Mumbai residents 4.4 Jail Bharo Andolan by activist Anna Hazare
5 Notable supporters and opposition 6 Government response 7 Drafting Committee o o o 7.1 Chairmen 7.2 Government representation 7.3 Civil society representation
Santosh Hegde a former justice of the Supreme Court of India and Lokayukta of Karnataka. 1985. It will also publish lists of all cases received by the Lokayukta during the previous month. 1977. the Lokayukta will publish a list of cases dealt with. Key features of proposed bill 1. 2001. 2. Shanti Bhushan. 1989. Renewed calls for the bill arose over resentment of the major differences between the draft 2010 Lokpal Bill prepared by the government and that prepared by the members of the associated activists movement . the Lokpal will be supervised by the Cabinet Secretary and the Election Commission. Every month on its website. 2005 and in 2008. 8 Criticisms of the Jan Lokpal Bill 9 Controversies 10 See also 11 References 12 External links Background The bill was first introduced by Shanti Bhushan in 1968 and passed in the 4th Lok Sabha in 1969. videorecordings of which will thereafter be made public. Members will be appointed by judges. their outcome and any action taken or proposed. Subsequent versions were re-introduced in 1971. However. 3. . To establish a central government anti-corruption institution called Lokpal.mainly comprising of N. cases dealt with and those which are pending. As a result. Arvind Kejriwal andPrashant Bhushan a senior lawyer in the Supreme Court along with the members of the India Against Corruption movement. 4. But these never passed. private citizens and constitutional authorities through a transparent and participatory process. 1996. 5. Indian Administrative Service officers with a clean record. it did not get through in the Rajya Sabha. brief details of each. The bill's supporters consider existing laws too weak and insufficiently enforced to stop corruption. supported by Lokayukta at the state level. 1998. As in the case of the Supreme Court and Cabinet Secretariat. it will be completely independent of the government and free from ministerial influence in its investigations. A selection committee will invite shortlisted candidates for interviews. the upper house of the Parliament of India.
Difference between Government and activist drafts Complete list of updated differences available at http://www. Lokpal will have no police powers and no ability Lokpal will have police powers as well as the . Any resulting trials should be concluded in the following year. Losses caused to the government by a corrupt individual will be recovered at the time of conviction. 8. Investigations of each case must be completed in one year. will result in the officer being dismissed within two months. judge or politician. Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it. departmental vigilance and the anticorruption branch of the CBI) will be merged into Lokpal which will have complete power and authority to independently investigate and prosecute any officer.The existing anti-corruption agencies (CVC. which will then be given as compensation to the complainant. Lokpal can only probe complaints approved by the Lokpal will have powers to initiate suo Speaker of the Lok Sabha or the Chairman of moto action or receive complaints of corruption the Rajya Sabha. 7. 10. from any citizen if it deems it worthy.html Difference between Draft Lokpal Bill 2010 and Jan Lokpal Bill Draft Lokpal Bill (2010) Jan Lokpal Bill (Citizen's Ombudsman Bill) Lokpal does not have powers to investigate the prime minister.org/publicitymaterial.6. 9. 11. Complaints against any officer of Lokpal will be investigated and completed within a month and. Lokpal will have the powers to investigate the prime minister. Lokpal will have the power to initiate prosecution of anyone found guilty. if found to be substantive.indiaagainstcorruption. Government officework required by a citizen that is not completed within a prescribed time period will result in Lokpal imposing financial penalties on those responsible. giving a total maximum process time of two years.
 Satyagraha Movement by activist Anna Hazare Anti-corruption activist Anna Hazare went on hunger strike "unto death" on April 5. One-day fast by Mumbai residents Around 6.to register a First Information Report or proceed with criminal investigations. Protests Main article: 2011 Indian anti-corruption movement Local march by Delhi residents On March 13. 2011. Inter city protest co-ordination is underway to observe Yellow Sunday. But government rejected his demand to present any other bill except the one drafted by them. pending the enactment of a Jan Lokpal Bill. a group of Delhi residents dressed in white shirts and t-shirts drove around the city for four hours in support of an anti-corruption campaign and the passing of a Jan Lokpal Bill. The CBI and Lokpal will be unconnected. Hazare announced to go on fast again from 16 August 2011 if Jan Lokpal Bill was not presented before Parliament of India. T-shirts while waving yellow banners. because Hazare believes that political parties were using the campaign for their own political advantage. He also stated that his group has received six crore (60 million) text messages of support and that he has further backing from a large number of Internet activists. and Hazare supporters discouraged political leaders from joining the protests. Jail Bharo Andolan by activist Anna Hazare Hazare also announced plans to start a Jail Bharo Andolan protest on 13 April 2011  if the Jan Lokpal bill is not passed by the government. The protests are not associated with any political parties. maximum of up to life imprisonment. 2011. Protesters chose yellow as their colour and were seen wearing yellow dresses. Punishment for corruption will be a minimum of 6 Punishments will be a minimum of 10 years and a months and a maximum of up to 7 years.000 Mumbai residents also began a one-day fast in support of similar demands. Lokpal and the anti corruption wing of the CBI will be one independent body. To stop Hazare from going on Hunger Strike government put forth lots of conditions in front of him if he wanted to protest. Few of which were that no more than 5000 . ability to register FIRs.
Anna Hazare announced to his supporters that the Government had agreed to all his demands and he would break his fast on the following Saturday morning. Sec 144 was imposed around JP Park.  Notable supporters and opposition In addition to the activists responsible for creating and organizing support for the bill. and musicians have publicly approved of the bill. Notable opposition has been expressed by HRD minister Kapil Sibal and other Congress leaders. After several rounds of talks. directors. Bharatiya Janta Party. Union Human Resource Development Minister Kapil Sibal then met social activistsSwami Agnivesh and Arvind Kejriwal on 7 April to find ways to bridge differences over the bill.  Although BJP showed their support earlier.people can gather with him. on 8 April 2011. Aug 16. Shiv Sena leader Bal Thackeray. a wide variety of other notable individuals have also stated that they support this bill. Spiritual leadersSri Sri Ravi Shankar and Yog Guru Ramdev have both expressed support. Police arrested thousand of people and were put inside stadiums converted to jails. So Delhi Police arrested Anna from the place he was living on charges that his protest can cause law and order problems in Delhi. Government response To dissuade Hazare from going on an indefinite hunger strike. After his arrest thousands of people gathered in city to protest against government. numerous Bollywood actors. the fast must not exceed three days and anytime medical check up could be conducted. Chief Minister of West Bengal Mamta Banerjee. But on Monday morning. the National Advisory Council rejected the Lokpal bill drafted by the government. People took out rallies in large numbers and gave arrests. Hazare's fast was supported by the CPI(M) with their politburo issuing a statement demanding an effective Lokpal Bill. In addition. New Delhi where he had planned to protest. five of the ten-member joint- . the Prime Minister's Office have directed the ministries of personnel and law to examine how the views of society activists can be included in the Lokpal Bill. Out of which Anna accepted few conditions to start his protest. On 5 April 2011. Punjab Chief Minister and Akali Dal leader Prakash Singh Badal. Notable politicians who have indicated support for the bill include Ajit Singh and Manpreet Singh Badal as well as the principal opposition party. there are reports that BJP shares the Congress's concern "over letting the civil society gain the upper hand over Parliament in lawmaking". According to the understanding reached. and former Chief Justice of the Supreme Court Jagdish Sharan Verma.
CPI-M. it has the authority to investigate corruption matters involving any ministers. will fill those roles. from the political arena.  On July 28. It is reported that Pranab Mukherjee.AIADMK. from civil society. involving the civil society in preparation of the draft Lokpal bill. Drafting Committee The drafting committee was officially formed on 8 April 2011. Arwind Kejriwal and many supporters also arrested. A nine member committee.RJD. opposition party leader.  Anna Hazare was arrested on 16 August 2011 By Delhi Police on his way to the JP park where he was supposed to start his unlimited hunger strike. Pranab Mukherjee will be the Chairman of the draft committee and Shanti Bhushan his Co-Chairman.  Chairmen The Government of India accepted that the committee be co-chaired by a politician and a non-political activist. a minister and reputed legal professionals) and the Prime Minister and Supreme Court and High Court justices are exempted from he jurisdiction of Lokpal. one major change from the current practice is that the LokPal can initiate investigation of government officials and ministers and other elected representatives without prior approval from the government. Government representation . BJD. The essential features are: (1) Lokpal consists of eight members and a chairperson. Lokpal will have its own investigation and prosecution wing. including five from the government and five drawn from society.draft committee would come from society . since the local government earlier refused to issue permission for Hazare to carry out his strike in JP park. If this bill becomes law. any Group A officers in any organization set up by the Parliament. four members should have judicial background such as retired justices from the Supreme Court. the other four members should have 25 years of administrative experience in particular dealing with corruption with integrity. It consists of ten members.  The committee failed to agree on the terms of a compromise bill and the government introduced its own version of the bill in the parliament in August 2011. This bill contains parts of the provisions proposed in Jan Lokpal bill. was criticized by various political parties: BJP. members are appointed for a term of five years. the Union Cabinet ministers approved a bill that will be introduced in the Parliament in August 2011 for approval. the Chair will be retired Chief Justice. headed by the Prime Minister (with members including the Speaker. 2011. TDP. BJD. Government's handling of the formation of the draft committee. Members of Parliament. Lokpal will not have the power to prosecute but will have to refer the case to the Supreme Court. as it is practiced now under the Prevention of Corruption Act of 1988. JD(U) and Samajwadi Party. and Shanti Bhushan.
 The Lokpal concept was criticized by the Human Resource Development (HRD) minister Kapil Sibal because of concerns that it will lack accountability. Kapil Sibal. the bill "is premised on an institutional imagination that is at best naïve.members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers". N. and Salman Khursid. Arvind Kejriwal. Minister of Corporate Affairs..Five Cabinet ministers will be a part of the Drafting Committee. Prashant Bhushan. Although some supporters have denied any judicial powers of Lokpal. They are: Pranab Mukherjee. RTI Activist. Finance Minister.. The claim that the Lokpal will be an extra-constitutional body has been derided by Hazare’s closest lieutenant." Review of . for this purpose. Although Kejriwal has stated that all prosecutions will be carried out through trial courts. Anna Hazare. Minister of Law Civil society representation Five leading social activists will be a part of the Drafting Committee. Santosh Hegde. oppresively. Kejriwal further states that the proposed bill also lists clear provisions in which the Supreme Court can abolish the Lokpal. and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise. Former Minister of Law and Justice. Minister of Home Affairs. Criticisms of the Jan Lokpal Bill Some believe that the bill is naïve in its approach to combating corruption. at worst subversive of representative democracy". They are: Shanti Bhushan. Co-Chairman. According to Pratap Bhanu Mehta. the exact judicial powers of LokPal is rather unclear in comparison with its investigative powers. Veerappa Moily. Minister for Communications and Information Technology. Chidambaram. President.  The bill states that "Lokpal shall have. P. Center for Policy Research Delhi. Social Activist. the government and some critics have recognized Lokpal to have quasi-judicial powers. and Arvind Kejriwal. the provisions of the Contempt of Courts Act. Lokayukta (Karnataka). The bill  requires ". Lawyer. and undemocratically. He states the Jan Lokpal Bill drafted by civil society will only investigate corruption offences and submit a charge sheet which would then tried and prosecuted. and. 1971 (Central Act 70 of 1971)shall have the effect subject to the modification that the references therein to the High Court shall be construed as including a reference to the Lokpal. through trial courts and higher courts. Co-Chairman.
presumably to conduct trial that should be completed within one year. quashed or called in question in any court of ordinary Civil Jurisdiction. stating ". stating "this would foul with the basic structure of the constitution". See also List of politicians in India charged with corruption Corruption Perceptions Index Corruption in India List of scams in India (Chronicle) Indian black money "None of the above" voting option in India India Against Corruption Indian political scandals Corruption Perceptions Index Lok Ayukta ..  Controversies In April 2011.proceedings and decisions by Lokpal is prevented in the bill. Without judicial review. as the Chairman of the Lokpal Bill panel. the involvement of the bill co-chairman Shanti Bhushan was questioned after a CDROM emerged with audio clippings of a telephone conversation allegedly between him. Although Hazare proposed Justice Verma. All involved reacted to the allegation saying that the CD was fabricated and demanded a formal investigation to verify its authenticity. Justice Verma later expressed his constitutional objections for including the Prime Minister and higher judiciary under Lokpal.no proceedings or decision of the Lokpal shall be liable to be challenged. although the bill outlines requiring judges for special courts." How the trials will be conducted is unclear in the bill. Whether or not to include the Prime Minister and higher judiciary under the Lokpal remains as one of the major issues of dispute. there is concern that Lokpal could become a extra-constitutional body with investigative and judicial powers whose decisions cannot be reviewed in regular courts. the former Chief Justice of the Supreme Court. reviewed.Mulayam Singh Yadav and Amar Singh about influencing a judge..
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