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Tuesday, 2 August 2011

The Jan Lokpal Bill

The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year.

Drafted by,
  • Justice Santosh Hegde (former Supreme Court Judge and former Lokayukta of Karnataka).
  • Prashant Bhushan (Supreme Court Lawyer).
  • Arvind Kejriwal (RTI activist),
                                                   the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission.


A look at the salient features of Jan Lokpal Bill:
1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up

2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.

3. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.

4. The loss that a corrupt person caused to the government will be recovered at the time of conviction.

5. How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.

6. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month's time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.

7. But won't the government appoint corrupt and weak people as Lokpal members? That won't be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.

8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.

9. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.

10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.

Monday, 1 August 2011

A Movement For Jan Lokpal Bill

Anna Hazare initiated a movement for passing a stronger anti-corruption Lokpal (ombudsman) bill in the Indian Parliament. As a part of this movement, N. Santosh Hegde, a former justice of the Supreme Court of India and Lokayukta of Karnataka, Prashant Bhushan, a senior lawyer in the Supreme Court along with the members of the India Against Corruption movement drafted an alternate bill, named as the Jan Lokpal Bill (People's Ombudsman Bill) with more stringent provisions and wider power to the Lokpal (Ombudsman).

Hazare began a fast unto death from 5 April 2011 at Jantar Mantar in Delhi, to press for the demand to form a joint committee of the representatives of the Government and the civil society to draft a new bill with stronger penal actions and more independence to the Lokpal and Lokayuktas (Ombudsmen in the states), after his demand was rejected by the Prime Minister of India Manmohan Singh,before commencing his 'fast unto death' he stated, "I will fast until Jan Lokpal Bill is passed".

The movement attracted attention very quickly through various media. It has been reported that thousands of people joined to support Hazare's effort. Almost 150 people reportedly joined Hazare in his fast.[39] He said that he would not allow any politician to sit with him in this movement.

Politicians like Uma Bharti and Om Prakash Chautala were shooed away by protesters when they came to visit the site where the protest was taking place.A number of social activists including Medha Patkar, Arvind Kejriwal and former IPS officer Kiran Bedi and Jayaprakash Narayan have lent their support to Hazare's hunger strike and anti-corruption campaign. 

This movement has also been joined by many people providing their support in Internet social media such as Twitter and Facebook. In addition to spiritual leaders Sri Sri Ravi Shankar, Swami Ramdev, Swami Agnivesh and former Indian cricketer Kapil Dev, many celebrities showed their public support through micro-blogging site Twitter.

As a result of this movement, on 6 April 2011 Sharad Pawar resigned from the group of ministers formed for reviewing the draft Lokpal bill 2010.

The movement gathered significant support from India's youth visible through the local support and on social networking sites like Facebook and Twitter.There have also been protests in Bangalore, Mumbai, Chennai, Ahmedabad, Guwahati, Shillong, Aizawl among other cities of India.

On 8 April 2011, the Government of India accepted all demands of the movement. On 9 April 2011 it issued a notification in the Gazette of India on formation of a joint committee. It accepted the formula that there be a politician Chairman and an activist, non-politician Co-Chairman. According to the notification, Pranab Mukherjee will be the Chairman of the draft committee while Shanti Bhushan will be the co-chairman. “The Joint Drafting Committee shall consist of five nominee ministers of the Government of India and five nominees of the civil society. The five nominee Ministers of the Government of India are Pranab Mukherjee, Union Minister of Finance, P. Chidambaram, Union Minister of Home Affairs, M. Veerappa Moily, Union Minister of Law and Justice, Kapil Sibal, Union Minister of Human Resource and Development and Minister of Communication and Information Technology and Salman Khursheed, Union Minister of Water Resources and Minister of Minority Affairs. The five nominees of the civil society are Anna Hazare, N. Santosh Hegde, Shanti Bhushan Senior Advocate, Prashant Bhushan, Advocate and Arvind Kejriwal.

On the morning of 9 April 2011 Anna Hazare ended his 98-hour hunger strike by first offering lemon juice to some of his supporters who had gone on a hunger strike in his support. The social activist then broke his fast by consuming some lemon juice. He addressed the people and set a deadline of 15 August 2011 to pass the Lokpal Bill in the Indian Parliament.

“ Real fight begins now. We have a lot of struggle ahead of us in drafting the new legislation, We have shown the world in just five days that we are united for the cause of the nation. The youth power in this movement is a sign of hope.”

Anna Hazare also said that if the bill was not passed, then he will call a mass nation-wide agitation.He called his movement as "second struggle for independence" and he will continue the fight.