Lokpal Bill

Only available on StudyMode
  • Download(s) : 1398
  • Published : September 19, 2011
Open Document
Text Preview
Lokpal bill or Ombudsman Bill came in to existence in 1960’s when the corruption went rampant in the several administrations and systems in India. The idea of Ombudsman Bill originated in Sweden in 1809. Ombudsman is a Swedish word which mean ‘an officer appointed by the legislature to handle complaints against administrative and judicial action’. In layman terms a person or body appointed to keep check on public servants. So, The Administrative Reforms Commission ARC set up 1966 came up with the idea to setup a two-tier system of a lokpal at the centre and Lokayukt in each state. Its main motive was not only to remove corruption from the society but also to instill and reinstate the confidence of public in judiciary and administrative system. Therefore, in 1968 Lokpal bill was presented to Lok Sabha by Shanti Bhushan and was passed in 1969. But Lok Sabha got dissolved and the bill got lapsed. Revival of the bill was attempted number of times again viz. 1971,1977,1985,1989,1996,1998,2001,2001 and 2008 was the 10th version. Due to recent scams like 2G scam, Lalit Modi Scam, Adarsh Society scam etc. people felt the need to revive Lokpal Bill again as Jan Lokpal Bill or Citizen’s Ombudsman Bill. Jan Lokpal Bill was drafted on 21st June 2011 Comparison between Lokpal and Jan Lokpal

Structure of Lokpal bill is a government selected and controlled body, with 11 members panel at the center without inclusion of anti-corruption agencies. •Whereas, In Lokpal Bill it proposes to be run by government independent body with 11 members in each state and will include all existing anti-corruption agencies.  

In Government’s Lokpal Bill, is maximum 10 years. Higher Punishment is not applicable if the accused holds higher office and no higher fines are applicable for business entities. No blacklisting of the accused. •On the contrary, Jan Lokpal Bill dictates higher punishment if the accused holds higher office and higher fines, if accused are business entities. Successfully convicted businesses are blacklisted. Time

No specific time limit for the cases under Government’s Lokpal bill. •Any cases have to be completed within a year under Jan Lokpal Bill.

Under government’s lokpal bill, no specific point has been made about the recovery of black money in any form. •In Jan Lokpal bill, all the assets of the accused are froze and if required will be dissolved to recover the loss. Protection

No protection is provided to the one who complains under Government’s Lokpal bill. •And in Jan Lokpal bill protection will be provided to the one who brings the accused to the light.

The biggest issue which makes government’s lokpal bill handicapped is the span of power. •Under government lokpal bill, Prime minister, Judiciary, MP’s cannot be investigated. Also only 0.52% of govt. employees can be investigated. If convicted, employee cannot be discharged from his job. •On the contrary, Under Jan Lokpal Bill, every single Indian citizen including PM, MP’s, Judiciaries and govt. employees can be investigated. It also grants the power to tap phones of the accused if required. If a government employee is convicted, accused is discharged from his duties. Salient Features of Lokpal Bill

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 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. Losses caused to the government by a corrupt individual will be recovered at the time of conviction. Complaints against any officer of Lokpal will be investigated and completed within a month and, if found to be substantive, will result in the officer being dismissed within two months. Lokpal Committee:

The institution consists of one chairperson and...
tracking img