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Jan Lokpal Bill

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The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill that would pave the way for a Jan Lokpal, an independent body like the Election Commission, which would have the power to prosecute politicians and bureaucrats without government permission.[1]

The bill has been drafted by Shanti Bhushan, former IPS Kiran Bedi, Justice N. Santosh Hegde, renowned advocate Prashant Bhushan, former chief election commissioner J. M. Lyngdoh in consultation with the leaders of the India Against Corruption movement and the civil society. The bill proposes institution of the office of Lokpal (Ombudsman) at center and Lok Ayukta at state level. Jan Lokpal Bill is designed to create an effective anti-corruption and grievance redressal systems at centre and to assure that effective deterrent is created against corruption and to provide effective protection to whistleblowers.[2][3]

The Lokpal Bill drafted by the government is pending to be passed in the Rajya Sabha since 42 years.[4] The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but could not get through in Rajya Sabha, subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were never passed and its pending. [5]

Background

The current lack of laws to curb corruption have made the need for Jan Lokpal Bill.

The Lokpal

The Jan Lokpal Bill proposes the Lokpal to be instituted as a ten member body along with its officers and the employees. The bill provides for appointment of the Chairperson and members of the Lokpal within six months of enacting the bill. Predictable vacancies in Lokpal are to be filled in advance at least before three months of such vacancy. Unpredictable vacancies are to be filled within one month of such vacancy.

Appointment of the Chairperson and the Members of Lokpal

The draft bill provides that at least four members of the Lokpal must have legal background. In order to assure people of integrity are appointed as members of the Lokpal, the bill bars appointment of any person who has been charge-sheeted under Prevention of Corruption Act or under Indian Penal Code.

Selection Committee

The bill provides for the setting up a selection committee comprising of

  1. The Chairpersons of both Houses of Parliament
  2. Two senior most judges of Supreme Court
  3. Two senior most Chief Justices of High Courts.
  4. All Nobel Laureates of Indian Origin
  5. Chairperson of National Human Rights Commission
  6. Last two Magsaysay Award winners of Indian origin
  7. Comptroller and Auditor General of India
  8. Chief Election Commissioner
  9. Bharat Ratna Award winners
  10. After the first set of selection process, the outgoing members and Chairperson of Lokpal.

The senior most Justice of Supreme Court shall act as chairperson of the selection committee.

Selection Procedure

  • Recommendations shall be invited through open advertisements in prescribed format.
  • Each person recommending shall be expected to justify the selection of his candidate giving examples from the past achievements of the candidate.
  • The list of candidates along with their recommendations received in the format mentioned above shall be displayed on a website.
  • Each member of the selection committee, on the basis of the above material, shall recommend such number of names as there are vacancies.
  • A priority list shall be prepared with the candidate receiving recommendations from maximum number of members of selection committee at the top. The candidates recommended by same number of members shall be treated at par.
  • This priority list shall be displayed on the website.
  • Around three times the names as there are vacancies, shall be shortlisted from the top.
  • Public feedback shall be invited on the shortlisted names by putting these names on the website.
  • The selection committee may decide to use any means to collect more information about the background and past achievements of the shortlisted candidates.
  • Selection committee shall invite shortlisted candidates for discussions, video recordings of which shall be made public.
  • All the material obtained so far about the candidates shall be made available to each member of the selection committee in advance. The members shall make their own assessment of each candidate.
  • The selection committee shall meet and discuss the material so received about each candidate. The final selections for the Chairperson and members shall be made preferably through consensus. Provided that if three or more members, for reasons to be recorded in writing, object to the selection of any member, he shall not be selected.
  • All meetings of selection committee shall be video recorded and shall be made public

The Prime Minister shall recommend the names finalized by the selection committee to the President immediately, who shall order such appointments within a month of receipt of the same.

Powers and Functions of Lokpal

The bill proposes Lokpal to receive complains under Prevention of Corruption Act, complaints of misconduct, grievances and complaints from whistle-blowers. The Lokpal shall also provide protection to whistle blowers.

Timeline of events in support of the bill

December 2010 (2010-12)
The bill is drafted and sent to government.
March 13, 2011 (2011-03-13)
A group of Delhi residents dressed in white shirts and t-shirts took a four-hour drive around the city to drum up campaign against corruption and support the Jan Lokpal Bill.[6]
April 4, 2011 (2011-04-04)
Anna Hazare, the anti corruption activist leader announces fast unto death till Jan Lokpal Bill enacted[7]
April 5, 2011 (2011-04-05)
Around 6,000 Mumbai residents joined Anna Hazare for a one-day fast to support the demand for implementation of the Jan Lokpal Bill.[8]
April 12, 2011 (2011-04-12)
Hazare have announced to begin Jail Bharo Andolan on April 12, 2011 if Bill is not passed.

Prominent Supporters

Political support

The Bhartya Janta Party have extended support to the bill.[9] The principal opposition demanded that the Centre convene an all-party meeting to discuss the ‘Jan Lokpal Bill’ issue. [10]

Public support

Anna Hazare states that they have received six crore (60 million) SMSes in its support. [11]

Government response

The government have stated that it has not received the proposed bill copy and it doesn't seem in a hurry to acknowledge the issue. After the ‘fast unto death’ was announced by Anna Hazare, he was invited for talks by the PM, but the response was bad as the PM said the government has no time for corruption till May 13. [12] To dissuade the veteran Gandhian Anna Hazare from going on an indefinite fast, the Prime Minister's Office have directed the ministries of personnel and law to examine how the views of civil society activists can be included in the lokpal bill.[13]

The National advisory Council is against the government on the Lokpal bill. The NAC today rejected the present Lokpal bill draft that was given.[14]

Status of bill

The government is again thinking of introducing a Lokpal Bill in parliament this year, and the National Advisory Council (NAC) chaired by Sonia Gandhi is considering it. But as it stands today, the bill is riddled with loopholes, defeating its very purpose.

See also

  • India Against Corruption, Official website
  • Jan Lokpal Bill version 1.8
  • Yellow Sunday in Support of Jan Lokpal Bill
  • "Lokpal Bill hanging fire for 42 years". DNA (newspaper). Monday, January 3, 2011. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  • Salient Features of Jan Lokpal Bill
  • Event data as RDF [dead link]
  • Difference between Lokpal and Jan Lokpal bill

References

  1. ^ http://www.hindustantimes.com/Dandi-March-2-for-Jan-Lokpal-Bill/Article1-678094.aspx
  2. ^ "Activists Take Out March to Demand Jan Lokpal Bill". Outlook (magazine). Jan 30, 2011. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
  3. ^ "Hazare fears govt may block Lokpal Bill". The Times of India. Mar 17, 2011. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  4. ^ http://www.hindustantimes.com/City-activists-garner-support-for-Jan-Lokpal-bill/Article1-673145.aspx
  5. ^ "Lokpal bill to cover PM". CNN-IBN. Nov 21, 2010. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  6. ^ "Drive around Delhi to demand strong Lokpal Bill". Sify News. 13 March 2011. Archived from the original on 5 April 2011. Retrieved 5 April 2011.
  7. ^ "Anna Hazare announces fast unto death till Jan Lokpal Bill enacted". The Economic Times. 4 April 2011. Archived from the original on 5 April 2011. Retrieved 5 April 2011.
  8. ^ "Mumbai to join Hazare's fast today for Jan Lokpal". The Indian Express. 5 April 2011. Archived from the original on 5 April 2011. Retrieved 5 April 2011.
  9. ^ http://www.inewsone.com/2011/04/04/bjp-extends-support-to-hazares-fast-on-anti-graft-bill/40997
  10. ^ http://www.thehindu.com/news/national/article1602174.ece
  11. ^ http://www.moneycontrol.com/news/features/anna-hazarei-asked-pm-whether-his-team-shares-his-values_533105.html
  12. ^ http://www.sumit4all.com/politics/what-is-jan-lokpal-bill
  13. ^ http://www.hindustantimes.com/Find-ways-to-include-activists-opinion-PMO/Article1-671509.aspx
  14. ^ http://www.youtube.com/watch?v=ZFi69IfUrDU
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