JAN LOKPAL BILL

Anna Hazare spearheaded a nationwide campaign to demand a strong anti-corruption law Jan Lokpal Bill.

Let’s understand JAN LOKPAL BILL Institution of – Jan Lokpal at central govt level – Jan Lokayukta in each state Correspondingly Jan Lokpal to accept corruption complaints against Central govt dept and Jan Lokayukta against state govt dept Each will have 10 members and 1 chairperson

Let’s understand JAN LOKPAL BILL Will be completely Independent Politicians and bureaucrats will not able to interfere in their functioning Will get whatever financial resources they require and will be empowered to select and employ any number of employees from within the government or outside.

Corruption at High Levels Present System - Despite Evidence, No Punishment Proposed System - Jan Lokpal and Jan Lokayukta will ensure punishment for corruption… by: Time bound investigations – Investigation to be completed within 1 year – May employ more staff to complete within time

Corruption at High Levels After investigation if proven guilty following 2 actions shall be taken: Power to dismiss corrupt officers – If complaint is proved, can remove a govt officer or impose departmental penalties Time bound trial – Will file a case in trial court – Trial in the court to complete & announce punishment within next 1 year – May direct the govt to set up additional courts to complete the trial in time

Corruption at High Levels Provision for: Recovery of loss caused to govt – During investigations, they shall ban transfer of assets of the accused – At the time of conviction, the court will assess the loss caused to the govt – Entire loss to be recovered from the assets of the accused Currently no such provision in our existing laws

Corruption at High Levels Provision for: Confiscation of Assets – Each bureaucrat, politician and judge to submit their statement of moveable and immoveable assets every year – This will be declared publicly, on the official website

Corruption at High Levels Provision for: Confiscation of Assets – If an asset is found to be owned by a public servant later and undeclared, it will be deemed to be obtained through corruption – After each election, assets declared by each candidate to be verified – If undeclared assets are found, a case will be registered

Corruption at High Levels And most importantly Jan Lokpal and Jan Lokayukta have: Power to punish if its orders are not followed Can impose financial penalties on the guilty officials. Initiate contempt proceedings against the guilty officials.

Corruption at Low Levels Common man is compelled to pay bribe Jan Lokpal and Jan Lokayukta will provide relief to the common as: Each govt dept will have to make Citizen’s Charter – Charter specifies who does what job and in how much time – Eg. charter will tell X officer will make ration card in Y days

Corruption at Low Levels If Charter is not followed, then people can complain to the Head of that department who will be designated as the Public Grievance Officer (PGO) PGO will redress the complaint within 30 days maximum

Corruption at Low Levels If PGO doesn’t satisfy the complainant, then a complaint can be made to the Vigilance officer of Jan Lokpal and Jan Lokayukta. When a complaint is made to Jan Lokpal or Jan Lokayukta, it will be deemed to have corruption angle.

Corruption at Low Levels The Vigilance Officer will have to – Solve the grievance in 30 days – Impose penalty on the guilty officers which will be given to the Complainant as compensation – Start investigations of corruption against guilty officers

How to ensure that there is no corruption within Jan Lokpal or Jan Lokayukta?

1. By ensuring that the right person is selected! Selection process for the members and Chairperson of Jan Lokpal and Jan Lokayukta has been kept transparent and participatory Selected by a Selection Committee comprising: – Prime Minister – Leader of the opposition in Lok Sabha – 2 youngest judges of Supreme Court (SC) – 2 youngest Chief Justices of High Courts – Comptroller and Auditor General (CAG) – Chief Election Commissioner (CEC)

1. By ensuring that the right person is selected! The Selection Committee will make the above appointment from a pool of shortlisted candidates that has been identified by a Search Committee Search Committee is a 10-member committee formed as follows: – Selection Committee selects 5 members from retired Chief Election Commissioners and retired CAGs. – These 5 members will select another 5 members from civil society to make the 10-member Search Committee.

1. Ensuring that the right person is selected! When the Selection Committee chooses, those CECs and CAGs are ineligible to become part of Search Committee: – who have any substantive allegation of corruption against them – who have joined any political party after retirement – who are still in any government appointment

1. Ensuring that the right person is selected! Search Committee will invite recommendations from various eminent people from reputed institutions – Like for instance Directors of IITs,IIMs, Editors and many others. Names will be put up on a website and public feedback invited Search committee will choose 3 times the number of vacancies, by consensus

2. Ensuring that the right person is selected! Selection committee will choose from this list, by consensus All the meetings of the Search Committee and Selection Committee shall be video recorded and will be made public. Jan Lokpal and Jan Lokayukta will select & appoint its own officers and staff

2. By ensuring that they work well! Jan Lokpal and Jan Lokayukta are directly accountable to people & transparent Every complaint will have to be heard – No complaint can be rejected without giving a hearing to the complainant. – If any case is closed like this, all records relating to it will be made public

2. By ensuring that they work well! Will have to publish every month on its website: – Cases received and cases disposed – Cases closed, reasons for closure – List of cases pending All records of all works will be open to the public, except some which: – Affect national security – Endanger the whistle blower – Impede the process of ongoing investigation. But after investigation is complete, these will have to be disclosed

3. By ensuring that Jan Lokpal and Jan Lokayukt are not influenced! The Chairperson and members of Lokpal and Lokayukta will not be eligible for appointment to any position in the govt or for contesting elections after they leave office.

4. By ensuring that if not working well, can be removed! Complaints against Staff like the Public Grievance Officers, Vigilance Officers, Chief Vigilance Officers will be made to Jan Lokpal or Jan Lokayukta – Enquiry of complaint within 1 month – If the allegation proved, Jan Lokpal or Jan Lokayukt will dismiss him from job in the next 1 month – Criminal case will be registered under various sections of Indian Penal Code and Prevention of Corruption Act

4. By ensuring that if not working well can be removed! Complaints against members and chair person of Lokpal and Lokayukta: Will be made to Supreme Court or respective High Court through a petition A five judge bench of respective Court, will hear the petition After hearing may order the formation of a Special Investigation Team (SIT) SIT will have to conduct inquiry and submit its report within 3 months On the basis of this enquiry report, the respective Court may order removal of the member or Chairperson.

Comparison CURRENT SYSTEM PROPOSED JAN LOKPAL-JAN LOKAYUKTA SYSTEM JUDGES – SC & HC No FIR can be registered against any Supreme Court or High Court judge without the permission of Chief Justice of India. It has been seen in the past that the Chief Justice of India tries to protect his own fraternity of judges and rarely gives such a permission. Under Jan Lokpal Bill, the full bench of Lokpal will give permission to file a case against any judge. No permission will be required from Chief Justice of India. Therefore, corruption in higher judiciary will also be checked through Jan Lokpal Bill.

Comparison CURRENT SYSTEM PROPOSED JAN LOKPAL-JAN LOKAYUKTA SYSTEM PUNISHMENT The quantum of punishment for people convicted of corruption ranges from: 6 months to 7 years of imprisonment which is inadequate! The punishment will range from: 1 year rigorous imprisonment to life sentence. Higher punishment for those in higher rank.

Comparison CURRENT SYSTEM PROPOSED JAN LOKPAL-JAN LOKAYUKTA SYSTEM EVIDENCE In the current system, if anyone obtains any benefit from the government illegally, it is difficult to prove that the person did so by paying bribes If a person obtains any benefit from the government in violation of a law or rules and regulations, that person along with concerned public servants shall be deemed to have indulged in corrupt practices.

Comparison CURRENT SYSTEM PROPOSED JAN LOKPAL-JAN LOKAYUKTA SYSTEM Whistleblowers Currently, people who report corrupt practices or raise their voice against corruption are being threatened, victimized and even murdered. There is no protection for them. Jan Lokpal and Jan Lokayukta will be responsible for providing the whistleblowers, whether inside or outside the government, protection from: - Professional threat or victimisation - Physical threat or victimisatio n

Comparison CURRENT SYSTEM PROPOSED JAN LOKPAL-JAN LOKAYUKTA SYSTEM Multiple Anti- Corruption Agencies Presently there are multiple anti-corruption agencies like: CBI, CVC, ACB, state vigilance department All these are controlled by corrupt officials and politicians and are ineffective. At central govt level, anti-corruption branch of CBI, CVC and all internal vigilance wings of all dept should be merged into Jan Lokpal. At state level, anti-corruption branch of state police, the state vigilance department, internal vigilance wings of all departments and existing Lokayuktas in states should be merged into Jan Lokayukta of that state. This will do away with multiplicity of anti-corruption agencies.

But now some people are saying…… …….Prime Minister should not be covered under Jan Lokpal! Judiciary should not be covered under Jan Lokpal……. People’s Grievances will overburden them…. Lokpal should only investigate a few high profile cases of corruption! ……..Lokpal should not be given the responsibility of protecting the whistleblowers! CBI, CVC and departmental vigilance should not be merged into Lokpal… Let Lokpal be a small body and let the existing anti-corruption bodies keep functioning in ineffective manner as they are……

What do you think? Please raise your voice Don’t keep silent Write to the newspapers and TV channels in your area and tell them what do you want

Give us Suggestions on Jan Lokpal Bill… By Or By post : A-119, First Floor, Kaushambi, Ghaziabad, Uttar Pradesh: Version of Jan Lokpal Bill can be downloaded from Join the movement send a missed call at facebook.com/indiacor