Lokpal & Jan Lokpal, a comparison

Interestingly Lokpal Bills were introduced in the Parliament several times (1969, 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008) but failed to be passed each time. Here's a comparison of the Lokpal Bill and the Jan Lokpal Bill.

Point 1 -- Power

Jan Lokpal: Investigations can be initiated by the Lokpal suo moto in any case and or based on a direct complaint from the public. A reference or permission from anyone for investigation into any case is not required.

Govt's Lokpal: Lokpal does not have the authority to either initiate action suo motu in any case or even receive complaints of corruption from general public. The general public can make complaints to the speaker of Lok Sabha or chairperson of Rajya Sabha and the complaints forwarded by Speaker/ Chairperson to Lokpal would be investigated by Lokpal.

Issue to debate: The government version on this point not only severely restricts the functioning of Lokpal, it also provides a tool in the hands of the ruling party to have only those cases referred to Lokpal which pertain to political opponents (since speaker is always from the ruling party). Moreover such a clause would also allow the ruling party to protect its own politicians.

Point 2 -- Nature of authority

Jan Lokpal: Lokpal will have the powers to initiate prosecution against any one after completion of investigations in any case. It will also have powers to order disciplinary proceedings against any government servant. It has been envisaged to be more than just an advisory body.

Govt's Lokpal: Lokpal will be an advisory body and all its reports will be forwarded to a 'competent' authority post enquiry. The competent authority will decide on the further course of action and have final powers to decide whether to take action on Lokpal's report or not. In the case of cabinet ministers, the competent authority is Prime Minister. In the case of PM and MPs the competent authority is Lok Sabha or Rajya Sabha, as the case may be.

Issue to debate: A Prime Minister may not act against any of his cabinet ministers based on the Lokpal's report, especially so in a coalition government where support of political partners is critical to government's survival. This has been proved in the case of A Raja, where the PM claimed to be 'helpless' to take any action against him.

Point 3 - Prosecutory powers

Jan Lokpal: Lokpal will have the power to register FIR, proceed with criminal investigations and launch prosecution.

Govt's Lokpal: No such powers given to the Lokpal and hence all the enquiries conducted by Lokpal will tantamount to "preliminary enquiries".

Issue to debate: Even if the report of Lokpal is accepted, who will file the chargesheet in the court? Who will initiate prosecution? Who will appoint the prosecution lawyer? The government's Lokpal bill is silent on that.

Point 4 -- Role of CBI

Jan Lokpal: The division of CBI that investigates cases of corruption will be merged into Lokpal to create a unified effective and independent body.

Govt's Lokpal: The bill does not say what will be the role of CBI after this bill.

Issue to debate: Are CBI and Lokpal expected to investigate the same case or CBI will lose its powers to investigate politicians? If the latter is true, then this bill is meant to completely insulate politicians from any investigations whatsoever which are possible today through CBI.

Point 5 -- False & true complaints

Jan Lokpal: False complaints will face financial penalties. But if guilty, Lokayukta is empowered to prosecute and take disciplinary action against the corrupt.

Govt's Lokpal: There is a strong punishment for "frivolous" complaints. If any complaint is found to be false and frivolous, Lokpal will have the power to send the complainant to jail through summary trial but if the complaint were found to be true, the Lokpal will not have the power to send the corrupt politicians to jail.

Issue of debate: The government's version of the bill appears to threaten and discourage those fighting against corruption.

Point 6 -- Jurisdiction

Jan Lokpal: Lokpal will have jurisdiction over politicians, officials and judges with bodies like CVC and the entire vigilance machinery of government being merged into the Lokpal.

Govt's Lokpal: Lokpal will have jurisdiction only on MPs, ministers and PM. It will not have jurisdiction over officers.

Issue of debate: In most cases of corruption, bureaucrats and politicians are found to be equally involved and working in partnership. Going by the government's proposal, every case would need to be investigated by both CVC and Lokpal. This could create chaos and stifling of case records by one agency. There is also the possibility of the Lokpal and CVC reaching entirely different results. This clause is a sure way of killing any case.

Point 7 -- Appointment

Jan Lokpal: Lokpal would have ten members and one Chairperson of which four must to have a legal background while others could be from any background.

Govt's Lokpal: Lokpal will consist of three members, all of them being retired judges.

Issue of debate: By creating post retirement posts for judges, the government will make retiring judges vulnerable to government influences. In the hope of getting plush post retirement employment, judges may be biased towards the end of their term.

Point 8 -- Selection of members

Jan Lokpal: Selection committee will comprise of members from judicial background, Chief Election Commissioner, Comptroller and Auditor General of India and eminent people who have been recipients of international recognition like the Nobel and Magsaysay awards. A detailed, transparent and participatory selection process has been prescribed.

Govt's Lokpal: The selection committee will consist of Vice President, PM, Leaders of both houses, Leaders of opposition in both houses, Law Minister and Home minister.

Issue of debate: Barring the Vice President, all others are politicians whose corruption Lokpal is supposed to investigate. So there is a direct conflict of interest. Moreover the selection committee is heavily loaded in favour of the ruling party.

Point 9 -- Investigating the PM

Jan Lokpal: Lokpal will be able to investigate any and all charges of corruption against the PM.

Govt's Lokpal: Lokpal will not have powers to investigate any case against PM, which deals with foreign affairs, security and defence.

Issue of debate: Have we forgotten Bofors already? Such a clause means that corruption in defence deals will be out of any scrutiny whatsoever.

Point 10 -- Timelines

Jan Lokpal: Investigations should be completed within one year. Trial should get over within the next one year.

Govt's Lokpal: Whereas a time limit of six months to one year has been prescribed for Lokpal to enquire, there is no time limit for completion of trial.

Issue of debate: A trail could go on for years, defeating its purpose.

Point 11 -- Taking action

Jan Lokpal: Lokpal will have power to direct disciplinary action, including dismissal of a corrupt officer from job.

Govt's Lokpal: It does not deal with corruption of Bureaucrats.

Issue of debate: Does the government version of the bill imply that corrupt bureaucrats continue in their job without any actions against them?

Point 12 -- Judges under jurisdiction

Jan Lokpal: Lokpal will have powers to investigate complaints of corruption against judges.

Govt's Lokpal: No mention of investigation of complaints against judges.

Issue of debate: Why? Do we not have corrupt judges?

Point 13 -- Dismissal of complaint

Jan Lokpal: Lokpal will have to hear every complaint from the public before dismissing it.

Govt's Lokpal: Only the Speaker would decide which complaints shall be enquired into by Lokpal.

Issue of debate: Selective enquiry of complaints would make it easy to escape prosecution. As the speaker is from the ruling party, why would he give a go-ahead to complaints against his party/ government members?

Point 14 -- Redressal system

Jan Lokpal: Lokpal will have the powers to orders redressal in a time bound manner. It will have powers to impose financial penalties on guilty officers, which would be paid to complainant as compensation.

Govt's Lokpal: Lokpal bill does not address this issue.

Issue of debate: Our entire governance system suffers from inadequate public grievance redressal systems, which force people to pay bribes.

Point 15 -- Victim/ Witness protection program

Jan Lokpal: Lokpal will have powers to provide protection against physical and professional victimization of whistle-blowers.

Govt's Lokpal: Lokpal does not have any powers to provide protection to complainants.

Issue of debate: Have we forgotten Satyendra Dubey already? Large number of people raising their voice against political corruption are being murdered. Will this continue?

Point 16 -- Recovery of losses

Jan Lokpal: Loss caused to the government due to corruption will be recovered from all accused.

Govt's Lokpal: Nothing has been provided in law to recover ill-gotten wealth.

Issue of debate: A corrupt person can come out of jail and enjoy that money?

Point 17 -- Enhanced punishment

Jan Lokpal: The punishment would be minimum 5 years and maximum of life imprisonment.

Govt's Lokpal: Under the present law, there is Small punishment for corruption- minimum 6 months and maximum 7 years.

Issue of debate: Having an enhanced punishment in place can act as a deterrent to corruption. People will not stop if they feel they can 'get away with it' in six months!

A barbarian Act and reaction of Indian Citizens

Please find below a report published in Deccan Herald Daily. And I would like to draw your attention to the comments made by the common man in the comments coloumn. I do believe our judiciary, law makers, and police officials will definitely go through the comments at some point.

Youth stoned amid spectacle of apathy

M R Venkatesh, Chennai, July 13, DHNS:

It was an outlandish instance of public insensitivity to cruelty in front of their eyes. Yet, a police-installed closed circuit television (CCTV), meant to regulate traffic in Coimbatore city, was the only eye that helped police crack an attempt to murder case.

The CCTV pictures of the youth being stoned in the middle of a main road evoked revulsion about public indifference to the macabre incident. The victim, identified as Santosh Kumar, was mercilessly stoned in a drunken brawl. As television channels telecast the video-clip of the incident, it was a throwback to an equally obnoxious incident last year, when a private TV camera caught “inaction” of the then DMK’s State Health Minister M R K Pannerselvam and others, as a policeman gasped for breath in a pool of blood after he was hacked in broad daylight on a national highway. The said minister was then pa­ssing by the spot of the crime. This time it was the turn of 29-year-old Santosh Kumar, who had joined four of his friends at Sai Baba Colony to have a drink at a state-run retail liquor outlet, police sources in Coimbatore told Deccan Herald over the phone on Wednesday. But after a few pegs, as their inebriated state took an ugly turn, they quarreled among themselves, leading to the four ot­hers accused in this ca­se—Ramachandran, Krishnan, Murugan and Gane­sh­an—turning into a mad rage, sources said. The four accused soon began to fiercely throw stones targeting Santosh’s head, even as bystanders did nothing to nab the culprits or stop them from such a brazen uncivilised act. Santosh Kumar, with critical head injuries, was later admitted to Coimbatore Medical College Hospital after the incident that took place on July 10. When the police began the investigation, they literally had no clues on the attackers in this case. Complete evidence But soon, the investigating team found that the CCTV secret camera installed at ARC Junction in Saibaba Colony limits, had “completely recorded the incident,” police sources in Coimbatore said. The probe team identified, nabbed and remanded the attackers on the basis of the video footage of the crime, the sources said. Coimbatore City Police Commissioner Amrish Puri complemented the investigating team on using the hidden surveillance camera footage in cracking the case. In a bid to make the Coimbatore police go high-tech, the commissioner had recently got these surveillance cameras installed at important junctions across the city, little realising they had a multi-purpose role that go beyond traffic regulation. Amrish Puri said more such hidden cameras would be installed at other important junctions of the city. The cameras connected to the control room ensure online monitoring of the area under its surveillance.

Comments

By: Devanand On: 14 Jul 2011 06:45 am We Indians know that law and order is extinct and that murder and crime can be easily done, and more easily got away with. What has Moily done for India during his tenure to instil fear in those who happily indulge in this, nothing! We need a man with a whip in India. Reply | Report abuse

By: Shankara On: 14 Jul 2011 06:42 am Here in India if you step forward as a witness to murder or some big crime, you are treated almost like a criminal by the police, and you will get death threats from the murderers gang. We always have to choose what is worse - dealing with our corrupt police or dealing with our conscience. I can tell you if this happened right here in Bangalore, say on MG Road or Brigade, no one would not step forward to help, otherwise risk their lives. Reply | Report abuse

By: Vasudevan On: 14 Jul 2011 05:57 am Commissioner Puri has complimented the police for " cracking the case"!!!. Where is thevquestion of cracking the case when there is plain glaring evidence available in the form of camera footage ? It was a simple matter of locating & nabbing the culprits. However, without wasting time and unnecessarily prolonging a case against them the culprits should be hanged in public for their act of barbarism Reply | Report abuse

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By: ssm On: 13 Jul 2011 10:01 pm Reading all the comments regarding americanization - this would never happen in America - the reason being the police are well paid and honest and do not give witnesses and people who come to the aid, a hard time. The majority of the goons are thriving goons because they have protection from politicians and the rich and thus from the police. A common man apprehending them would face harrassment and meet the same fate as the victim.

By: Aj On: 13 Jul 2011 07:48 pm ......"The people there should have tried to stop (the killers)," the officer told CNN-IBN news channel...... while the police would park their lazy fat asses and drag their feet just in time for press photo op.. bunch of losers needs to be kicked on their butts for Not taking preventive measures and allowing rowdy elements to thrive in the city freely. Reply | Report abuse

By: B K Harish, Ariyalur On: 13 Jul 2011 06:11 pm If people could not help the bleeding Police Vetrivel few months back, how can we expect them to save a common man being killed by rowdies, The people have lost their nerves and they have become enouchs and selfish...Espcially in Tamilnadu people are very selfish. Reply | Report abuse

By: INDIANS DISGUSTED On: 13 Jul 2011 06:01 pm While India has been made 51st state of U.S. the entire nation is being cleansed from top to bottom (from culture to everything) to be totally AMERICANIZED. THIS TYPE OF KILLINGS AND INSESITIVITY OF PEOPLE IS JUST ONE EXAMPLE. Reply | Report abuse

By: bb On: 14 Jul 2011 03:56 am What a ridiculous statement. In the US, people would help, police would arrive in minutes, emergency medical technicians would be on the spot delivering critical care, and perhaps his life would be saved in a clean hospital with up to date medical facilities, even if he had no health insurance, because that is US LAW. What happened has nothing to do with America or India for that matter. It is just that people, in this case, were cowards and were afraid to intervene. Reply | Report abuse

By: dpk On: 14 Jul 2011 04:24 am I don't blame the public. Its inhumane I understand, but at the same time what do you expect when the politicians and police are so corrupt. Will they help your family if something goes wrong? With all that in the back of your mind, how will you think of intervening? Or for that matter, if the murder involved a politician, they would use you as the scapegoat. Its a god forsaken country, with only the corrupt ruling. I saw the video on youtube. It was horrible, with the guys repeatedly throwing the stone on the person's head. I hope those people are hanged to death. They have no right to live. Reply | Report abuse

By: sk On: 14 Jul 2011 02:38 am what nonsense are you talking? Any incident like this would have brought down the govt. Safety of citizens is the top most priority here. This incidence is nothing less than barbarism. Stop talking about Indian culture being great. Its only looks good in the books. Indians will always remain barbaric. Reply | Report abuse

By: VK On: 14 Jul 2011 01:48 am What has this got to do with Americanization or Westernization. Do you wear pants? shirts? It is Western.... The culprits are pure evil. ONLY EVIL PEOPLE KILL. Reply | Report abuse

By: Suresh On: 13 Jul 2011 09:48 pm Disgusted Indian, of course, should be, but at the wrong thing. Buddy, wake up and look around does anything around you look like America? Idiots like that think India is Americanized. It will never be. BTW, incidents like these never happen over here, especially in a crowd. The will at least 5-10, based on the size of an America crowd, both men and women that would jump on the criminals and save the victim! Wake up man, wake up. Reply | Report abuse

By: PK On: 13 Jul 2011 09:26 pm Hello Mr INDIANS DISGUSTED, Its time you got your ass up and did something instead of blaming US which has nothing to do with this or for that matter anything thats happening in India. Dont mistake globalization to Americanization & we are just aping the wrong things about this, you are at best can be called a arm chair fat ass useless commentator. Reply | Report abuse

By: king On: 13 Jul 2011 05:26 pm the people who were at the scene could not have prevented this murder because one has to realize the whole thing happened in 15 seconds before anyone could even realize what was happening the goons had killed the boy. Had anyone interfered at that time would have probably met the same fate as the poor boy unless he was a strong man who could fight those goons, after all we are meek people who can only pass hate comments only in online newspapers against such criminals. our government collects taxes from us and dose not protect us from such incidence this happens every were irrespective of any particular state in India it is the spineless police and irresponsible media who glorify criminals in movies who are responsible for such horrific acts commuted by young men i think it is high time that we must multiply our police fore and start dealing with goons as terrorist and national enemy. my condolence to the parents of the boy and to all those who have witnessed this horrific murder because i am sure they would not forget this as long as they live. Reply | Report abuse

By: Indian On: 13 Jul 2011 06:12 pm Even if we think that it all happened in a jiffy and people could not have reacted, they could have atleast caught hold of them after they committed this dastardly act. On the other hand I wish scums like fake swamis including the one who is desperately trying to get back into the news and corrupt/criminal people should meet this fate. Reply | Report abuse

By: Atlaf On: 13 Jul 2011 09:48 pm 'like fake swamis including the one who is desperately trying to get back into the news and corrupt/criminal people should meet this fate' Why you not mention scum mullahas/pdf terrorists, pastors/fathers who rape underage girls in Kerala and spread hatred using foreign money? You are anything but 'indian'. Scum bag! Get a life and get back to that rat hole in pakistsn where you really belong. Reply | Report abuse

By: Indian On: 14 Jul 2011 12:48 am Oh, I offended an insecure, weak minded, gullible and vulnerable pissciple of swami. Dude, ok for your satisfaction, let me rephrase, "I wish scums like fake swamis including the one who is desperately trying to get back into the news and fake mullahs and fake pastors and corrupt/criminal people should meet this fate." happy?.. dude, I am a proud hindu and not a pakistani, I do not want scums like nithya and kalki hijack my religion. Got it?. It is of parasites like you who cling on to scums like them and corrupt/criminal people that they thrive and our India has remained like this. Reply | Report abuse

By: Udai-New York On: 13 Jul 2011 05:22 pm What a sad story and a bunch of pathetic onlookers. This is a disgrace to a city with residents who don't have the moral guts to stop violence. For all those who watched a poor man die your bear the responsibility in your hearts for years to come. For the coutry and the city it is time to enact the "Citizen" law to help and protect people in need in such circumstances failing which you will be charged for the crime as well. Banglaore is becoming a dumpt city and not a tech city. This is going to getg worse and I am posting this for months. Take action and accused should be charged with First degree , premeditated murder charges with death penalty. No BS here Reply | Report abuse

By: INDIANS On: 13 Jul 2011 05:59 pm IT WILL EXACTLY BE THE SAME (NO ONE WOULD BOTHER IF ANYONE IS ATTACKED WITH HATECRIME (IN THE SUBWAY OR ON THE STREET) ANYWHERE IN U.S.A. AND THE CULPRIT WILL NEVER BE CAUGHT. AT LEAST IN INDIA THEY CAUGHT THE KILLERS. YOU UNDERSTAND MR. UDAL NY? Reply | Report abuse

By: Udai-ny On: 14 Jul 2011 03:37 am You are full of shit.NY has the best police force in the world & The best citizens. What do you know in NY. MOROn Reply | Report abuse

By: Sadiq On: 13 Jul 2011 06:33 pm offcourse will be caught but also will be released on bail to commit another crime

By: tamil On: 13 Jul 2011 05:49 pm it is so pathetic that you r scoring points and spreading message of hate even at this tragic news u r equally responsible for the boys murder because people like u spread the message of hate against one-another and cause rites in our country. Reply | Report abuse

By: nair On: 13 Jul 2011 05:09 pm all the medias were eagerly taking the video shop of the gory incidence for trp ratings. At least they could have taken certain stops so that the poor victim could have saved