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    Lokpal Bill - Govt N Civil Society Draft

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    Aditya Kumar
    The document summarizes key differences between the government and civil society bills regarding the establishment of a Lokpal anti-corruption ombudsman institution in India. The civil society bill proposes a stronger and more independent Lokpal body that would have broader jurisdiction over public officials, direct power to investigate complaints and order prosecution, and ability to recover ill-gotten gains from corruption. In contrast, the government bill would establish a weaker Lokpal that lacks independence and power to directly investigate senior leaders or recover stolen money.

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    Lokpal Bill - Govt N Civil Society Draft

    Uploaded by

    Aditya Kumar
    42 views1 page
    The document summarizes key differences between the government and civil society bills regarding the establishment of a Lokpal anti-corruption ombudsman institution in India. The civil society bill proposes a stronger and more independent Lokpal body that would have broader jurisdiction over public officials, direct power to investigate complaints and order prosecution, and ability to recover ill-gotten gains from corruption. In contrast, the government bill would establish a weaker Lokpal that lacks independence and power to directly investigate senior leaders or recover stolen money.

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    The document summarizes key differences between the government and civil society bills regarding the establishment of a Lokpal anti-corruption ombudsman institution in India. The civil society bill proposes a stronger and more independent Lokpal body that would have broader jurisdiction over public officials, direct power to investigate complaints and order prosecution, and ability to recover ill-gotten gains from corruption. In contrast, the government bill would establish a weaker Lokpal that lacks independence and power to directly investigate senior leaders or recover stolen money.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    42 views1 page

    Lokpal Bill - Govt N Civil Society Draft

    Uploaded by

    Aditya Kumar
    The document summarizes key differences between the government and civil society bills regarding the establishment of a Lokpal anti-corruption ombudsman institution in India. The civil society bill proposes a stronger and more independent Lokpal body that would have broader jurisdiction over public officials, direct power to investigate complaints and order prosecution, and ability to recover ill-gotten gains from corruption. In contrast, the government bill would establish a weaker Lokpal that lacks independence and power to directly investigate senior leaders or recover stolen money.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    LOKPAL BILL:

    GOVERNMENT BILL CIVIL SOCIETY BILL

    1. The Lokpal will have jurisdiction only over the 1. The Lokpal will have jurisdiction over politicians, bureaucrats and
    Prime Minister, ministers and MPs. judges. The CVC and the entire vigilance machinery of the Centre
    will be merged into the Lokpal.

    2. The Lokpal will not have suo motu power to 2. The Lokpal can not only initiate action on its own but it can also
    initiate inquiry or even receive complaints of entertain complaints directly from the public. It will not need
    corruption directly from the public. The complaints reference or permission from any authority.
    will be forwarded to it by the presiding officer of
    either House of Parliament.

    3. It is purely an advisory body and can therefore 3. After completing its investigation against a public servant, the
    only give recommendations to the Prime Minister on Lokpal can initiate prosecution or order disciplinary proceedings or
    complaints against ministers and to the presiding both.
    officer of either House on complaints against the
    Prime Minister and MPs.

    4. Since it has no police powers, the Lokpal cannot 4. With the corruption branch of the CBI merged into it, the Lokpal
    register an FIR on any complaint. All it can do is a will be able to register FIRs, conduct investigations under the
    preliminary inquiry. Criminal Procedure Code and launch prosecution.

    5. Anybody found to have lodged a false complaint 5. The Lokpal can only impose financial penalties for complaints
    will be punished summarily by the Lokpal with found to be false.
    imprisonment ranging from one year to three years.

    6. The Lokpal will consist of three members, all of 6. The Lokpal will consist of 10 members and one chairperson, out
    whom will be retired judges. This may aggravate the of whom only four are required to have legal background without
    trend of retiring judges becoming vulnerable to necessarily having any judicial experience.
    government pressures.

    7. The committee to select Lokpal members will 7. The selection committee will consist of members from judicial
    consist entirely of political dignitaries and its background, chief election commissioner, comptroller and auditor
    composition is loaded in favour of the ruling party. general of India and international awardees (like Nobel prize
    winners and Magsaysay awardees of Indian origin). The bill
    prescribes a transparent and participatory selection process in great
    detail.

    8. If a complaint against the Prime Minister relates 8. There is no such bar on the Lokpal's powers
    to subjects like security, defence and foreign affairs,
    the Lokpal is barred from probing those allegations.

    9. Though a time limit of six months to one year has 9. The Lokpal will have to complete its investigation within one year
    been prescribed for the Lokpal to conduct its probe, and the subsequent trial will have to be over in another year.
    there is no limit for completion of trial, if any.

    10. Nothing has been provided in law to recover ill- 10. Loss caused to the government due to corruption will be
    gotten wealth. After serving his sentence a corrupt recovered from all those proved guilty.
    person can come out of jail and enjoy that money.

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