Jan Lokpal Bill Lok Sabha Rajya Sabha
Jan Lokpal Bill Lok Sabha Rajya Sabha
Jan Lokpal Bill Lok Sabha Rajya Sabha
After 42 years, the Jan Lokpal Bill is still pending in India. 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.[1][2]
The Lokpal Bill provides for filing complaints of corruption against the prime minister, other ministers, and
MPs with the ombudsman. The Administrative Reforms Commission (ARC) while recommending the
constitution of Lokpal was convinced that such an institution was justified not only for removing the sense
of injustice from the minds of adversely affected citizens but also necessary to instill public confidence in
the efficiency of administrative machinery. Following this, the Lokpal Bill was for the first time presented
during the fourth Lok Sabha in 1968, and was passed there in 1969.
However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved so the bill was not
passed at that time. The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and most
recently in 2008. Each time, after the bill was introduced to the house, it was referred to some committee
for improvements - a joint committee of parliament, or a departmental standing committee of the Home
Ministry - and before the government could take a final stand on the issue the house was dissolved.
Several flaws have been cited in the recent draft of the Lokpal Bill. [3]Meanwhile the activists of India
Against Corruption (IAC) have prepared a draft for the bill called Jan Lokpal Bill.[2]
History
The basic idea of the Lok Pal is borrowed from the office of ombudsman, which has played an effective
role in checking corruption and wrong-doing in Scandinavian and other nations. In early 1960s, mounting
corruption in public administration set the winds blowing in favour of an Ombudsman in India too. The
Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of a two-tier
machinery - of a Lokpal at the Centre, and Lokayukta(s) in the state
Duties
Prime Minister or a House of Parliament — to whom a Lokpal sends its report holds that the allegations of
corruption made in a complaint against the Prime Minister, or a Minister or MP (present or past) have not
been proved, "notwithstanding anything contained in any other law", "no prosecution shall lie on any
complaint, report, information or otherwise and no court shall take cognisance of any offence on the basis
of the same or substantially the same allegations." The Lokpal is empowered to give directions for
deferring or suspending any ongoing police investigations in matters covered by the complaints made to
it.
Criticism
The Lokpal bill is intended to provide the common man with direct powers to censure his/her elected
representative. However, every complainant has to pay a fees and take full responsibility for leveling
charges. In case the complaint is found to be baseless, punitive action extending to two years in jail and
monetary fine of up to Rs.50,000 may be imposed on the complainant.
Charges of corruption in the Indian legal system are not necessarily covered only under the uii.
Regarding the constitution of the Lokpal, the Chairman of the Lokpal shall be from among past or present
chief justices of Supreme Court. But the other two members of the Lokpal may also be from those
qualified to be judges of the Supreme Court. The loose end left here makes countless many from India’s
entire judiciary eligible for the post including those who are also senior party politicians with legal
background.
Latest Development
Anna Hazare, a Gandhian rights activist, has started a fast until death to demand the passing of the bill.
Since the Government has responded positively with some minor changes in his demands ,Hazare on 9
April 2011 called off his hunger strike bringing to an end his 98-hour protest after government issued a
gazette notification constituting a 10-member Joint Committee of ministers and civil society activists,
including him, to draft an effective Jan Lokpal Bill. The Lokpal Bill is likely to be passed by 15 August
2011.
Jantar Mantar
Anna Hazare started his fast unto death from 5 April 2011 at Jantar Mantar in Delhi, to press for the
demand to form a joint committee of the representatives of the Government and the civil society to draft a
new bill with more stronger penal actions and more independence to the Lokpal and Lokayuktas
(Ombudsmen in the states), after his demand was rejected by the Prime Minister of IndiaManmohan
Singh.[43] Jantar Mantar in a few days was filled with supporters demanding that the government enact the
Bill as soon as possible. Some commentators called it India's Tahrir Square after the famous 2011
Egyptian revolution which centered around that Square in Cairo
Government response
Hazare's protest has led to the resignation of Agriculture Minister Sharad Pawar from the Group of
Ministers on corruption after Anna took potshots at him.[49] On 8 April, the government started seriously
considering the demands of the protesters. The government has stated that it will table the bill in the
parliament in the upcoming Monsoon session.[50] On 9 April, the government finally agreed to have a
50:50 distribution of the Government appointed officials and the members of the civil society
Lokayukta
From Wikipedia, the free encyclopedia
The LokAyukta helps people bring corruption to the fore mainly amongst the politicians and officers in the
government service. It is to be noted that the LokAyukta conducts raids. But surprisingly, it does not have
binding powers to punish anyone[3]. Owing to this, many acts of the LokAyukta have borne not enough
fruit since the raided officers manage to free themselves from the clutches of the Indian Law [4]
2010 onwards
2G spectrum scam
Adarsh Housing Society scam
Commonwealth Games Scandal
Satyam scandal
2000 - 2009
1990 - 1999
Bofors Scandal (1990)
Animal Husbandry Case (1990)
Bombay Stock Exchange Manipulation & Fraud by Harshad Mehta (1992)
Hawala scandal (1993)
Bangalore - Mysore Infrastructure Corridor (1995)
Sukh Ram (1996)
Fodder Scam in Bihar (1996)
Kerala SNC Lavalin power scandal (1997)
1900 - 1990