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A PRESENTATION ON LOKPAL BILL GROUP- I

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CORRUPTION !!! What is it …???

CORRUPTION :

CORRUPTION = AUTHORITY + MONOPOLY _ TRANSPARENCY

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ROAD MAP INTRODUCTION FEATURES OF THE PROPOSED BILL DIFFERENCE BETWEEN GOVERNMENTS AND ACTIVIST DRAFTS (HIGHLIGHTS) DIFFERENCE BETWEEN JAN LOKPAL BILL AND GOVT. LOKPAL BILL CAMPAIGN FOR THE JAN LOKPAL BILL CRITICISMS OF THE JAN LOKPAL BILL SUPPORT FOR THE BILL PARLIAMENTARY ACTION ON THE PROPOSED LEGISLATION LOKPAL & THE HOPES AHEAD CONCLUSION

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“LOKPAL” - Sanskrit word ‘ Loka ’ meaning people ‘Pala’ meaning ‘protector or care taker’. Citizens' ombudsman bill, is a proposed independent anti-corruption law in India. HISTORY The word Lokpal was coined in 1963 by L.M.Singhvi , First introduced by Shanti Bhushan in 1968 Passed - 4th Lok Sabha in 1969 Failed to pass in Rajya sabha Re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, but none of them passed . INTRODUCTION

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establish a central government anti-corruption institution called Lokpal , supported by Lokayukta at the state level. As in the case of the Supreme Court and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet Secretary and the Election Commission. Members will be appointed by judges, Indian Administrative Service officers with a clean record, private citizens and constitutional authorities through a transparent and participator process. 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. Investigations of each case must be completed in one year. 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. Features of the Proposed Bill

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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. Difference between governments and activist drafts v/s HIGHLIGHTS: Difference between Jan Lokpal Bill and Draft Bill 2010

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Issue The Jan Lokpal Bill Government's Lokpal Bill Prime Minister PM can be investigated with permission of seven member Lokpal bench . PM can be investigated by Lokpal after she/he vacates office . Judiciary Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench . Judiciary is exempt and will be covered by a separate "judicial accountability bill ". Conduct of MPs Can be investigated with permission of seven member Lokpal bench . Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated . Lower bureaucracy All public servants would be included . Only senior officers (Group A) will be covered . Anti-corruption wing of the Central Bureau of Investigation (CBI) The Anti-corruption wing of the CBI will be merged into the Lokpal . The Anti-corruption wing of the CBI cannot be merged into the Lokpal . Lokayukta Lokayukta and other local/state anti-corruption agency would remain in place . All state anti-corruption agencies would be closed and responsibilities taken over by centralised Lokpal . Whistleblower protection Whistleblowers are protected by Lokpal . No protection granted to whistleblowers by Lokpal . 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] Difference between Jan Lokpal Bill and Govt. Lokpal Bill

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Campaign for the Jan Lokpal Bill Fast & Agitation – Phase I Drafting Committee Formation Fast & Agitation – Phase II Notable Supporters and Opposition

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Criticisms of the Jan Lokpal Bill Naive Approach Extra-constitutional

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Support For The Bill Survey Social Media Online Surveys Legislator Support

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On 27 August 2011, a special and all exclusive session of Parliament was conducted and a resolution was unanimously passed after deliberations in both the houses of Indian Parliament by sense of the house. The resolution, in principle, agreed on the following subjects and forwarded the Bill to related standing committee for structure and finalize a report: A citizen charter on the bill An appropriate mechanism to subject lower bureaucracy to lokpal The establishment of Lokayuktas (ombudsmen at state level) in states Anna Hazare , civil rights activists along with protestors at site of the fast welcomed this development on being informed, terming it as a battle "half won" while ending the protest. Parliamentary actions on the proposed legislation

LOKPAL & The Hopes Ahead…:

LOKPAL & The Hopes Ahead… Actions don’t lie! Prevention is better than cure. Let goodness prevail. Transparency and security are the THRUST .

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CONCLUSION One must not, however, be under any illusion that the Lokpal law by itself would solve the problem of corruption. Unless we tackle and change the policies that create enormous incentives for corruption and monster corporations that become too powerful for any institution to control, the fight will be incomplete. The judiciary too is in need of comprehensive reforms. But an independent, credible and empowered Lokpal is a necessary, though not a sufficient, condition to effectively control corruption. Let us work at least to put that in place.

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