Lokpal Comparision……

Posted on August 24, 2011

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Anna Hazare - Social Activist

Sonia Gandhi - Congress Leader

Prime Minister Manmohan Singh


 

COMPARISION BETWEEN THE LOKPAL AND JAN LOKPAL

Here I submit the disputes between the lokpal bills framed by Anna Hazare and the Indian government. This gives a clear picture about lokpal. The data produced here is from http://news.in.msn.com/specials/…. while the comments are mine and if you have any controversial thought please comment here.

JAN LOKPAL (Anna Hazare)

LOKPAL (Government)

COMMENTS

 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. 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. AGREE WITH THE JANLOKPAL This weakens the power of lokpal. When we want an independent team out of politics, the government keeps on injecting politics into the bill.
 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.  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. AGREE WITH THE JANLOKPAL The government again comes to the same point.
 Lokpal will have the power to register FIR, proceed with criminal investigations and launch prosecution. No such powers given to the Lokpal and hence all the enquiries conducted by Lokpal will tantamount to “preliminary enquiries”. SHOULD HAVE AN ALTERATION In this case Jan lokpal must act along with an independent Central body such as CBI and must have equal power to register a FIR.
The division of CBI that investigates cases of corruption will be merged into Lokpal to create a unified effective and independent body. The bill does not say what will be the role of CBI after this bill. AGREE WITH THE JANLOKPALSilence brings many doubts
False complaints will face financial penalties. But if guilty, Lokayukta is empowered to prosecute and take disciplinary action against the corrupt.  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. AGREE WITH THE JANLOKPALIn this case the government  threatens the public that no one should file a complaint.
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. Lokpal will have jurisdiction only on MPs, ministers and PM. It will not have jurisdiction over officers. AGREE WITH THE JANLOKPAL Amazed that government doesn’t know that there are corrupt officers too…
 Lokpal would have ten members and one Chairperson of which four must to have a legal background while others could be from any background. Chairperson and up to 8 members (at least 4 judicial members) AGREE WITH THE JANLOKPALWhen half the body is from a same community, it may give way for a rise of controversies and disputes. Jan lokpal is well framed.
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. The selection committee will consist of Vice President, PM, Leaders of both houses, Leaders of opposition in both houses, Law Minister and Home minister. AGREE WITH THE JANLOKPAL Government wants both the playing and opponent teams to be the same so that the match would end in tie.
Lokpal will be able to investigate any and all charges of corruption against the PM during his period. Lokpal will not have powers to investigate any case against PM, which deals with foreign affairs, security and defence during their office. DISAGREE WITH THE JANLOKPAL Jan Lokpal must agree with the government. This may infect the national security and economy. When all the other points are strong enough the prime minister would not get into offence or bribe as he may be aware that he would be prosecuted after his service. The case may be taken one month before the next election and a preliminary investigation may be done and a valid report may be submitted to the Election commission and his nomination for the next election can be rejected by the Election commission on the recommendation of the Jan Lokpal team and the case may be continued after his present term of office.
Investigations should be completed within one year. Trial should get over within the next one year. 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. AGREE WITH THE JANLOKPAL So as the government says the case may end even after four or five generations after the death of the petitioner and the corrupt officer/politician. Until then he can enjoy all rights.
 Lokpal will have power to direct disciplinary action, including dismissal of a corrupt officer from job. It does not deal with corruption of Bureaucrats AGREE WITH THE JANLOKPAL Government must be aware that Bureaucrats also enter corruption.
Lokpal will have powers to investigate complaints of corruption against judges.  No mention of investigation of complaints against judges. AGREE WITH THE JANLOKPAL Government thinks at last the corrupt person have a chance, if the case goes to court they may give bribe and escape!!!
Lokpal will have to hear every complaint from the public before dismissing it. Only the Speaker would decide which complaints shall be enquired into by Lokpal. AGREE WITH THE JANLOKPAL According to the government, the public goes on complaining and the speaker goes on rejecting… This looses hope on the bill.
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. Lokpal bill does not address this issue AGREE WITH THE JANLOKPAL So that no public takes interest to file a case
Lokpal will have powers to provide protection against physical and professional victimization of whistle-blowers. Lokpal does not have any powers to provide protection to complainants. AGREE WITH THE JANLOKPAL So that they can deal the case in a different way by threatening the petitioner
Loss caused to the government due to corruption will be recovered from all accused. Nothing has been provided in law to recover ill-gotten wealth. AGREE WITH THE JANLOKPAL I wish the loss should be recovered with interest, case fee, petitioner compensation and an additional 20% of the corrupt amount.
The punishment would be minimum 5 years and maximum of life imprisonment. Under the present law, there is Small punishment for corruption- minimum 6 months and maximum 7 years. AGREE WITH THE JANLOKPAL You can corrupt enter as a government guest into a jail, come back home after 6 months and enjoy all your wealth as earlier

Overall Comments:

One thing you can note here is the government goes on insisting for a political leader on the top which makes a small hole on the closed door!! At the same time Anna Hazare team must blend to some points which I have quoted above for the betterment of nation. Anyway hope for a good result in a Gandhian (Ahimsa) way….

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