Wednesday, December 28, 2011

Lokpal Bill can change India

28th December 2011

 

Continuing the debate we had the other day:

 

The Lokpal bill proposed by the people (jan lokpal bill)

 

  1. To establish a central government anti-corruption institution called Lokpal, supported by Lokayukta at the state level.
  2. As in the case of the Supreme Court and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet Secretary and the Election Commission. As a result, it will be completely independent of the government and free from ministerial influence in its investigations.
  3. Members will be appointed by judges, Indian Administrative Service officers with a clean record, private citizens and constitutional authorities through a transparent and participatory process.
  4. A selection committee will invite short-listed candidates for interviews, video recordings of which will thereafter be made public.
  5. Every month on its website, the Lokayukta will publish a list of cases dealt with, brief details of each, their outcome and any action taken or proposed. It will also publish lists of all cases received by the Lokayukta during the previous month, cases dealt with and those which are pending.
  6. Investigations of each case must be completed in one year. Any resulting trials should be concluded in the following year, giving a total maximum process time of two years.
  7. Losses to the government by a corrupt individual will be recovered at the time of conviction.
  8. Government office-work required by a citizen that is not completed within a prescribed time period will result in Lokpal imposing financial penalties on those responsible, which will then be given as compensation to the complainant.
  9. Complaints against any officer of Lokpal will be investigated and completed within month and, if found to be substantive, will result in the officer being dismissed within two months.
  10. The existing anti-corruption agencies [CVC], departmental vigilance and the anti-corruption branch of the [CBI] will be merged into Lokpal which will have complete power authority to independently investigate and prosecute any officer, judge or politician.
  11. Whistle-blowers who alert the agency to potential corruption cases will also be provided with protection by it.

Note in the above the time boundness of the process as well as 1 month deadline to deal with corrupt lopayukt people. The financial implications on govt people may be sounding funny at first but then in the long run it will ease out. I believe it may be a decade before the full impact is seenbut it is definitely better than the incumbent systems where a laalo Yadav can steal fodder from cows and still be one of indias most respected politicians!

 

The process is participative. So tomorrow you also can be a part of the system.

 

Difference between Jan Lokpal Bill and Draft Bill 2010[16]

Jan Lokpal Bill (Citizen's Ombudsman Bill)

Draft Lokpal Bill (2010)

Lokpal will have powers to initiate suo motu action or receive complaints of corruption from the general public.

Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.

Lokpal will have the power to initiate prosecution of anyone found guilty.

Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".

Lokpal will have police powers as well as the ability to register FIRs.

Lokpal will have no police powers and no ability to register an FIR or proceed with criminal investigations.

Lokpal and the anti corruption wing of the CBI will be one independent body.

The CBI and Lokpal will be unconnected.

Punishments will be a minimum of 10 years and a maximum of up to life imprisonment.

Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.

 

Hence you see from the above that the government wants only tpo create another committee which they want to please the people by saying yes we didit.... also thats the reason that they are creating an eyewash with the opposition opposing it (surprising) but then no politician wants his pocketto be checked!

 

 

 

The Jan Lokpal Bill[10]

Government's Lokpal Bill[1]

 

Prime Minister

PM can be investigated with permission of seven member Lokpal bench.[clarification needed][17]

PM can be investigated by Lokpal after she/he vacates office.[21]

Judiciary

Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench.[clarification needed][17]

Judiciary is exempt and will be covered by a separate "judicial accountability bill".[18]

Conduct of MPs

Can be investigated with permission of seven member Lokpal bench.[clarification needed][17]

Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated.[18]

Lower bureaucracy

All public servants would be included.[18]

Only senior officers (Group A) will be covered.[18]

Anti-corruption wing of the Central Bureau of Investigation (CBI)

The Anti-corruption wing of the CBI will be merged into the Lokpal.[18]

The Anti-corruption wing of the CBI cannot be merged into the Lokpal.[17]

Removal of Lokpal members and Chair

Any person can bring a complaint to the Supreme Court, who can then recommend removal of any member to the President.[17]

Any "aggrieved party" can raise a complaint to the President, who will refer the matter to the CJI.[17]

Removal of Lokpal staff and officers

Complaints against Lokpal staff will be handled by independent boards set-up in each state, composed of retired bureaucrats, judges, and civil society members.[17]

Lokpal will conduct inquiries into its own behaviour.[17]

Lokayukta

Lokayukta and other local/state anti-corruption agency would remain in place.[18]

All state anti-corruption agencies would be closed and responsibilities taken over by centralised Lokpal.[18]

Whistleblower protection

Whistleblowers are protected by Lokpal.[17]

No protection granted to whistleblowers by Lokpal Mahima.[17]

Punishment for corruption

Lokpal can either directly impose penalties, or refer the matter to the courts. Penalties can include removal from office, imprisonment, and recovery of assets from those who benefited from the corruption.[17]

Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current law.[17]

Investigatory powers

Lokpal can obtain wiretaps ( to make a connection to a telegraph or telephone wire in order to obtain information secretly), issue rogatory letters, and recruit investigating officers. Cannot issue contempt orders.[17]

Lokpal can issue contempt orders, and has the ability to punish those in contempt. No authority to obtain wiretaps, issue rogatory letters, or recruit investigating officers.[17]

False, frivolous and vexatious complaints

Lokpal can issue fines for frivolous complaints (including frivolous complaints against Lokpal itself), with a maximum penalty of Rs 100,000.[17]

Court system will handle matters of frivolous complaints. Courts can give 2–5 years imprisonment and fines of Rs 25,000 to 200,000.[20]

NGOs

NGOs not within the scope due to their role in exposing corruption.[19]

NGOs are within the scope and can be investigated.[19]

 

I hope that in my lifetime I can see the dream of MY INDIA being a place I can be proud to be. End of the day the common man cares only about roti, kapda makan.....

 

Roti is adultrated. Grains and vegetables are wasted.... if they conserve what is produced, we can feed the world!

Kapda is set by the conservation mode where less is more/1 hence this isthe only bearable thing

Makaan – 30% of the cost of the house is black... to generate this the money is siphoned from the exchequered... to generate that the corruption is necessary!

 

 

Raghu

0 comments:

About This Blog

  © Blogger templates The Professional Template by Ourblogtemplates.com 2008

Back to TOP