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Jan Lokpal Bill

From Wikipedia, the free encyclopedia

In India, the Jan Lokpal Bill (Hindi: जन लोकपाल वधेयक) (also referred to as the citizens' ombudsman bill) is
a draft anti-corruption law that would create an ombudsman called the Jan Lokpal; this would be an independent
body similar to the Election Commission with the power to prosecute politicians and bureaucrats without prior
government permission.[1]

Drafted by Shanti Bhushan, retired Indian Police Service officer Kiran Bedi, Justice N. Santosh Hegde, advocate
Prashant Bhushan, former chief election commissioner J. M. Lyngdoh in consultation with the leaders of the India
Against Corruption movement and civil society, the bill proposes the institution of the office of Lokpal
(Ombudsman) at the center and local Lokayukta at the state level. The bill is designed to create an effective anti-
corruption and grievance redressal system that effectively deters corruption while providing effective protection to
whistleblowers.[2][3]

For 42 years, the government-drafted bill has failed to pass through the Rajya Sabha, the upper house of the
Parliament of India.[4] The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but stalled in the Rajya
Sabha. Subsequent Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008
but all failed to pass.[5] Following the four day Anna Hazare fasting struggle, Prime Minister Manmohan Singh
stated that the Lokpal Bill would be introduced in the 2011 monsoon session of parliament.[6]

Contents
1 Background
2 Key features of proposed bill
3 Difference between the proposals
4 Protests
5 Prominent supporters
6 Government response
7 Drafting Committee
8 Criticisms of the Jan Lokpal Bill
9 See also
10 References
11 External links

Background
Renewed calls for a Jan Lokpal Bill arose over resentment of the major differences between the draft 2010 Lokpal
Bill prepared by the government and the Jan Lokpal Bill prepared by the members of this movement, N. Santosh
Hegde, a former justice of the Supreme Court of India and Lokayukta of Karnataka, Prashant Bhushan, a senior
lawyer in the Supreme Court along with the members of the India Against Corruption movement. This movement
has also been joined by many people providing their support in Internet social media such as Twitter and
Facebook. In addition to spiritual leaders Sri Sri Ravi Shankar, Swami Ramdev, Swami Agnivesh and former

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Indian cricketer Kapil Dev,[7] many celebrities showed their public support through micro-blogging site Twitter[8]
which has received significant public support. The bill's backers consider existing laws too weak and insufficiently
enforced to stop corruption.[9][10]

Key features of proposed bill

1. To establish a central government anti-corruption institution called Lokpal, supported by Lokayukta at the
state level.
2. As in the case of the Supreme Court and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet
Secretary and the Election Commission. As a result, it will be completely independent of the government and
free from ministerial influence in its investigations.
3. 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.
4. A selection committee will invite shortlisted candidates for interviews, videorecordings of which will
thereafter be made public.
5. Every month on its website, the Lokayukta will publish a list of cases dealt with, brief details of each, their
outcome and any action taken or proposed. It will also publish lists of all cases received by the Lokayukta
during the previous month, cases dealt with and those which are pending.
6. 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.
7. Losses caused to the government by a corrupt individual will be recovered at the time of conviction.
8. Government officework required by a citizen that is not completed within a prescribed time period will result
in Lokpal imposing financial penalties on those responsible, which will then be given as compensation to the
complainant.
9. 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.
10. The existing anti-corruption agencies (CVC, departmental vigilance and the anti-corruption branch of the
CBI) will be merged into Lokpal which will have complete power and authority to independently investigate
and prosecute any officer, judge or politician.
11. Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it.

Difference between the proposals

Difference between Draft Lokpal Bill 2010 and Jan Lokpal Bill[11]
Jan Lokpal Bill (Citizen's
Draft Lokpal Bill (2010)
Ombudsman Bill)
Lokpal will have no power to initiate suo motu action or receive Lokpal will have powers to initiate
complaints of corruption from the general public. It can only probe suo moto action or receive
complaints forwarded by the Speaker of the Lok Sabha or the Chairman complaints of corruption from the
of the Rajya Sabha. general public.
Lokpal will be much more than an
Lokpal will only be an Advisory Body with a role limited to forwarding Advisory Body and have the power
reports to a "Competent Authority". to initiate prosecution of anyone
found guilty.
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guilty.
Lokpal will have no police powers and no ability to register an FIR or Lokpal will have police powers as
proceed with criminal investigations. well as the ability to register FIRs.
Lokpal and the anti corruption wing
The CBI and Lokpal will be unconnected. of the CBI will be one independent
body.
Punishments will be a minimum of 5
Punishment for corruption will be a minimum of 6 months and a maximum
years and a maximum of up to life
of up-to 7 years.
imprisonment.

Protests
Main article: 2011 Indian anti-corruption movement

On March 13, 2011, a group of Delhi residents dressed in white shirts and t-shirts drove around the city for four
hours in support of an anti-corruption campaign and the passing of a Jan Lokpal Bill.[12]

Anti-corruption activist Anna Hazare went on hunger strike "unto death" on April 5, 2011, pending the enactment
of a Jan Lokpal Bill.[13] Around 6,000 Mumbai residents also began a one-day fast in support of similar
demands.[14] Protesters chose yellow as their colour and were seen wearing yellow dresses, T-shirts while waving
yellow banners. Inter city protest co-ordination is underway to observe Yellow Sunday.[citation needed]

Hazare also announced plans to start a Jail Bharo Andolan protest on 13 April 2011 [15] if the Jan Lokpal bill is not
passed by the government. He also stated that his group has received six crore (60 million) text messages of
support[16] and that he has further backing from a large number of Internet activists.

The protests are not political in nature and political leaders were discouraged by Hazare supporters from joining his
protests, since he believes that these parties were using the campaign for their own political advantage.[17]

Prominent supporters
Main article: Prominent personalities supporting Jan Lokpal Bill

Both the protests and the Bill have received support from a wide variety of people, including politicians, academics,
activists, and entertainers.

Government response
The government has stated that it has not received a copy of the proposed bill[citation needed] although after Anna
Hazare announced his "fast unto death", he was invited for talks by the Prime Minister but also told that the
government had no time before May 13 for such a meeting.[18] To dissuade Hazare from going on an indefinite
hunger strike, the Prime Minister's Office have directed the ministries of personnel and law to examine how the
views of society activists can be included in the Lokpal Bill.[19]

On 5 April 2011, the National Advisory Council rejected the Lokpal bill drafted by the government. Union Human
Resource Development Minister Kapil Sibal then met social activists Swami Agnivesh and Arvind Kejriwal on 7
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April to find ways to bridge differences over the bill.[20] Hazare's fast was supported by the CPI(M) with their
politburo issuing a statement demanding an effective Lokpal Bill.

After several rounds of talks, on 8 April 2011, Anna Hazare announced to his supporters that the Government had
agreed to all his demands and he would break his fast on the following Saturday morning. According to the
understanding reached, five of the ten-member joint-draft committee would come from society . Pranab Mukherjee
will be the Chairman of the draft committee and Shanti Bhushan his Co-Chairman.[21]

Drafting Committee
Main article: Drafting committee of the bill

The drafting committee was officially formed on 8 April 2011. It consists of ten members, including five from the
government and five drawn from society.

Criticisms of the Jan Lokpal Bill

Some people have opined that the Jan Lokpal Bill is 'Naïve' in its approach to combating corruption. According to
Pratap Bhanu Mehta, President, Center for Policy Research, Delhi, the bill "is premised on an institutional
imagination that is at best naïve; at worst subversive of representative democracy".[22]

The claim that the Lokpal will be an extra-constitutional body has been derided by Hazare’s closest lieutenant,
Arvind Kejriwal. He states the Jan Lokpal Bill drafted by civil society will only investigate corruption offences and
submit a charge sheet which would then tried and prosecuted, through trial courts and higher courts. Kejriwal
further states that the proposed bill also lists clear provisions in which the Supreme Court can abolish the
Lokpal.[23]

See also
Protests for Jan Lokpal Bill
Corruption Perceptions Index
Corruption in India
List of scams in India (Chronicle)
Indian black money
"None of the above" voting option in India

References
1. ^ "Dandi March 2 for Jan Lokpal Bill" (http://www.hindustantimes.com/Dandi-March-2-for-Jan-Lokpal-
Bill/Article1-678094.aspx) . Hindustan Times. 2011-03-27. http://www.hindustantimes.com/Dandi-March-2-for-
Jan-Lokpal-Bill/Article1-678094.aspx. Retrieved 2011-04-09.
2. ^ "Activists Take Out March to Demand Jan Lokpal Bill" (http://news.outlookindia.com/item.aspx?710304) .
Outlook (magazine). Jan 30, 2011. http://news.outlookindia.com/item.aspx?710304.
3. ^ "Hazare fears govt may block Lokpal Bill" (http://articles.timesofindia.indiatimes.com/2011-03-
17/nagpur/29138370_1_lokpal-bill-gandhian-anna-hazare-agitation) . The Times of India. Mar 17, 2011.
http://articles.timesofindia.indiatimes.com/2011-03-17/nagpur/29138370_1_lokpal-bill-gandhian-anna-hazare-
agitation.
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4. ^ "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. 2011-03-14. http://www.hindustantimes.com/City-
activists-garner-support-for-Jan-Lokpal-bill/Article1-673145.aspx. Retrieved 2011-04-09.
5. ^ "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.
6. ^ "Anna Hazare's anti-corruption movement: Time-line" (http://www.mathrubhumi.com/english/story.php?
id=107195) . Mathrubhumi. Apr 09,2011. http://www.mathrubhumi.com/english/story.php?id=107195.
7. ^ "Support pours in for Hazare's movement" (http://www.thehindu.com/news/national/article1606249.ece) . The
Hindu. 7 April 2011. http://www.thehindu.com/news/national/article1606249.ece. Retrieved 13 April 2011.
8. ^ "Bollywood supports Anna Hazare" (http://www.nowrunning.com/news/bollywood/bollywood-extends-support-
to-anna-hazare/40029/story.htm?
utm_source=twitterfeed&utm_medium=twitter&utm_campaign=DTN+Bollywood%3A) .
http://www.nowrunning.com/news/bollywood/bollywood-extends-support-to-anna-hazare/40029/story.htm?
utm_source=twitterfeed&utm_medium=twitter&utm_campaign=DTN+Bollywood%3A.
9. ^ "Anna Hazare faults Lokpal Bill" (http://www.thehindu.com/todays-paper/tp-national/tp-
otherstates/article1583886.ece) . The Hindu. 30 March 2011. http://www.thehindu.com/todays-paper/tp-
national/tp-otherstates/article1583886.ece. Retrieved 13 April 2011.
10. ^ "Lead, kindly light" (http://www.thehindu.com/todays-paper/tp-features/tp-metroplus/article1692336.ece) . The
Hindu. 13 April 2011. http://www.thehindu.com/todays-paper/tp-features/tp-metroplus/article1692336.ece.
Retrieved 13 April 2011.
11. ^ "Lokpal Bill: Govt version vs civil society version" (http://timesofindia.indiatimes.com/articleshow/7892134.cms)
. The Times of India. 7 April 2011. http://timesofindia.indiatimes.com/articleshow/7892134.cms. Retrieved 7 April
2011.
12. ^ "Drive around Delhi to demand strong Lokpal Bill" (http://www.webcitation.org/5xi4nNr1v) . Sify News. 13
March 2011. Archived from the original (http://www.sify.com/news/drive-around-delhi-to-demand-strong-lokpal-
bill-news-national-ldnuaeejieb.html) on 5 April 2011. http://www.webcitation.org/5xi4nNr1v. Retrieved 5 April
2011.
13. ^ "Anna Hazare announces fast unto death till Jan Lokpal Bill enacted" (http://www.webcitation.org/5xi4sP1kB) .
The Economic Times. 4 April 2011. Archived from the original
(http://economictimes.indiatimes.com/news/politics/nation/anna-hazare-announces-fast-unto-death-till-jan-lokpal-
bill-enacted/articleshow/7868097.cms) on 5 April 2011. http://www.webcitation.org/5xi4sP1kB. Retrieved 5 April
2011.
14. ^ "Mumbai to join Hazare’s fast today for Jan Lokpal" (http://www.webcitation.org/5xi599Dzh) . The Indian
Express. 5 April 2011. Archived from the original (http://www.indianexpress.com/news/mumbai-to-join-hazares-
fast-today-for-jan-lokpal/771505/) on 5 April 2011. http://www.webcitation.org/5xi599Dzh. Retrieved 5 April
2011.
15. ^ "Anna Hazare announces jail bharo movement on April 13" (http://www.indianexpress.com/news/hazare-
announces-jail-bharo-movement-on-april-13/773470/) . Indian Express. 8 April 2011.
http://www.indianexpress.com/news/hazare-announces-jail-bharo-movement-on-april-13/773470/. Retrieved 8
April 2011.
16. ^ NULL. "Anna Hazare: I asked PM whether his team shares his values - Forbes India"
(http://www.moneycontrol.com/news/features/anna-hazarei-asked-pm-whether-his-team-shares-his-
values_533105.html) . Moneycontrol.com. http://www.moneycontrol.com/news/features/anna-hazarei-asked-pm-
whether-his-team-shares-his-values_533105.html. Retrieved 2011-04-09.
17. ^ "Hazare fast: people heckle, chase out politicos - Politics - Politics News - ibnlive"
(http://ibnlive.in.com/news/politicos-heckled-not-allowed-to-meet-hazare/148450-37-64.html?from=hp) .
Ibnlive.in.com. 2010-02-03. http://ibnlive.in.com/news/politicos-heckled-not-allowed-to-meet-hazare/148450-37-
64.html?from=hp. Retrieved 2011-04-09.
18. ^ "What is Jan Lokpal Bill? | Sumit Gupta (aka sumit4all)" (http://www.sumit4all.com/politics/what-is-jan-lokpal-
bill) . Sumit4all.com. 2011-03-12. http://www.sumit4all.com/politics/what-is-jan-lokpal-bill. Retrieved 2011-04-09.
19. ^ "Find ways to include activists' opinion: PMO" (http://www.hindustantimes.com/Find-ways-to-include-activists-
opinion-PMO/Article1-671509.aspx) . Hindustan Times. 2011-03-10. http://www.hindustantimes.com/Find-ways-
to-include-activists-opinion-PMO/Article1-671509.aspx. Retrieved 2011-04-09.
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20. ^ "Hazare fast: Sibal meets Agnivesh, Kejriwal to pursue constructive dialogue"
(http://truthdive.com/2011/04/07/Hazare-fast-Sibal-meets-Agnivesh-Kejriwal-to-pursue-constructive-dialogue.html)
. TruthDive. http://truthdive.com/2011/04/07/Hazare-fast-Sibal-meets-Agnivesh-Kejriwal-to-pursue-constructive-
dialogue.html. Retrieved 2011-04-09.
21. ^ "Front Page : Government concedes Anna Hazare's demands"
(http://www.hindu.com/2011/04/09/stories/2011040962090100.htm) . The Hindu.
http://www.hindu.com/2011/04/09/stories/2011040962090100.htm. Retrieved 2011-04-09.
22. ^ "Of the few, by the few version" (http://www.indianexpress.com/news/of-the-few-by-the-few/772773/0) . The
Indian Express. 7 April 2011. http://www.indianexpress.com/news/of-the-few-by-the-few/772773/0. Retrieved 8
April 2011.
23. ^ "I will fight till death: Anna Hazare" (http://www.thehindu.com/news/national/article1607789.ece) . The Hindu. 7
April 2011. http://www.thehindu.com/news/national/article1607789.ece. Retrieved 12 April 2011.

External links
Jan Lokpal Bill - Activists proposed version
(http://www.annahazare.org/pdf/Jan%20lokpal%20bill%20by%20Expert%20(Eng).pdf)
Government of India proposed version
(http://www.annahazare.org/pdf/Lokpal%20Bill%20by%20Government%20of%20India.pdf)
Retrieved from "http://en.wikipedia.org/wiki/Jan_Lokpal_Bill"
Categories: Proposed laws of India | Corruption in India | Activism

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