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Lokpal
From Wikipedia, the free encyclopedia

The word Lokpal means an ombudsman in India. The word hs been derived from the Hindi words
"lok" (people) and "pal" (protector/caretaker). So the word Lokpal means 'Protector of people'.The
concept of Lokpal has been drawn up ostensibly to root out corruption at high places in the prevailing
Indian polity.

Contents
„ 1 Lokpal Bill
„ 2 History
„ 3 Duties
„ 4 Differences between Draft Lokpal Bill 2010 and Jan Lokpal Bill
„ 5 See Also
„ 6 References
„ 7 External links

Lokpal Bill
After 42 years the 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, resulting the first
death of the bill. 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 Lokayukt(a)s in the states.

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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.

There are many more gems of justice that deserve attention. Contradictory to the government’s claim
that the Lokpal would provide the common man with exemplary powers to censure his/her elected
representative, every complainant, the government’s ‘common man’, has to pay a fees and take full
responsibility for leveling charges and in case the complaint is found to be baseless, to discourage the
same ‘common man’, serious punitive action extending to two years in jail and Rs.50,000 in fine will be
imposed on the complainant.

Charges of corruption in the Indian legal system are not necessarily covered only under the Prevention
of Corruption Act, 1988 but also under many other Acts, but the Lokpal restricts its ambit to the cases
under this Act.

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.

Lokpal is highest institution in India to investigate corruption at higher places in Government. Creation
of Lokpal institution is under process. Many previous attempt were unsuccessful due to lack of political
support.

This institution will cover all government ministers, officers at centre including Prime Minister (Under
Debate).

Differences between Draft Lokpal Bill 2010 and Jan Lokpal Bill
Jan Lokpal Bill (Citizen's ombudsman
Draft Lokpal Bill (2010)
Bill)
Lokpal will have no power to initiate suo moto action or
Lokpal will have powers to initiate suo
receive complaints of corruption from the general
moto action or receive complaints of
public. It can only probe complaints forwarded by LS
corruption from the general public.
Speaker or RS Chairman.
Lokpal will be much more than an
Lokpal will only be an Advisory Body. Its part is only
Advisory Body. It should be granted
limited to forwarding its report to the "Competent
powers to initiate Prosecution against
Authority"
anyone found guilty.
Lokpal will not have any police powers. It can not Lokpal will have police powers. To say
register FIRs or proceed with criminal investigations. that it will be able to register FIRs.

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CBI and Lokpal will have no connection with each Lokpal and anti corruption wing of CBI
other. will be one Independent body.
The punishment should be minimum 5
Punishment for corruption will be minimum 6 months
years and maximum up-to life
and maximum up-to 7 years.
imprisonment.
Lokpal will not be a monopoly for
particular area

See Also
„ Protests for Jan Lokpal Bill
„ Jan Lokpal Bill
„ India Against Corruption
„ Indian political scandals
„ Corruption Perceptions Index
„ Lok Ayukta
„ Observe Yellow Sunday

References
1. ^ "Lokpal bill to cover PM" (http://ibnlive.in.com/news/lokpal-bill-to-cover-pm/135533-3.html). CNN-IBN.
Nov 21, 2010. http://ibnlive.in.com/news/lokpal-bill-to-cover-pm/135533-3.html.
2. ^ a b "City activists garner support for Jan Lokpal bill" (http://www.hindustantimes.com/City-activists-
garner-support-for-Jan-Lokpal-bill/Article1-673145.aspx). Hindustan Times. March 14, 2011.
http://www.hindustantimes.com/City-activists-garner-support-for-Jan-Lokpal-bill/Article1-673145.aspx.
3. ^ "The fatal flaws in the government's Lokpal Bill" (http://www.tehelka.com/story_main49.asp?
filename=Ws050411ACTIVISM.asp). Tehelka magazine. 05 April 2011.
http://www.tehelka.com/story_main49.asp?filename=Ws050411ACTIVISM.asp.

External links
„ "Lokpal Bill hanging fire for 42 years" (http://www.dnaindia.com/india/column_lokpal-bill-
hanging-fire-for-42-years_1489476). DNA (newspaper). Monday, January 3, 2011.
http://www.dnaindia.com/india/column_lokpal-bill-hanging-fire-for-42-years_1489476.
„ Difference between Lokpal and Jan Lokpal bill
(http://yellowsunday.pbworks.com/w/page/38687478/Difference+-+Lokpal+vs+Jan+Lokpal+Bill)
„ Yellow Sunday in Support of Jan Lokpal Bill (http://yellowsunday.pbworks.com/)
„ http://www.hindu.com/thehindu/holnus/002200804051550.htm
„ India Together - the Lokpal cycle (http://www.indiatogether.org/2005/jan/law-lokpal.htm)
„ http://pib.nic.in/archieve/lreleng/lyr2001/roct2001/09102001/r091020019.html
„ time of India article (http://timesofindia.indiatimes.com/articleshow/38042891.cms)
„ Lokpal bill analysis (http://www.scribd.com/doc/21632406/Lok-Pal-Bill-An-Analysis)
Retrieved from "http://en.wikipedia.org/wiki/Lokpal"
Categories: Corruption in India | Anti-corruption agencies | Ombudsmen in India | Hindi words and
phrases

„ This page was last modified on 8 April 2011 at 19:56.

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