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A Comparison of some Available Anti-Corruption Laws in India RTI Act, 2005 viz--viz JanLokpal (CBI, CVC, CAG).

Part - I

there has been a campaign that a strong JanLokpal can convict the corrupt persons and put them in jail. Question: Can RTI or JanLokpal convict corrupt persons and put them in jail. Answer: A big NO. Neither RTI nor Proposed JanLokpal can convict corrupt persons, and put them in jail. Lokpal is an investigative body which can only investigate, access material information and frame charges which indicts a person, whether that indictment is correct or incorrect, ultimately falls under the domain of the Judicial Branch of the Government. So, as far as convictions (putting corrupt people in jail) are concerned, unless Judicial Reforms are implemented the outcome of JanLokpal leaves much left to be desired. Recent Example: Kindly check the outcome of Karnataka Lokayukta Santosh Hegdes recent decisionindicting Karnataka CM Yeddyurappa. This Lokayukta decision, is now pending before the High Court for conviction proceedings. (Mr. Santosh Hegde incidentally is one of the drafters of JanLokpal Bill version)


RTI as well as Lokpal: Both Are Anti-Corruption Laws; Both Have Investigative Powers to Access Information (Material Evidence); Yet, Both Do Not Have the Power to Convict (Sending To Jail) A Corrupt Person; Then, What Is The Difference Between The Two??


Read Further, to go through the Comparison Between the Two:

RTI Act, 2005. ENACTED 1. 1.1 Anti-Corruption Law: An excerpt from the law: Quote: Section 2(j) "right to information" means:

JAN LOKPAL / LOKPAL PROPOSED PREAMBLE (Objective for Enactment) 1.1 Anti-Corruption Law: An excerpt from the proposed law: Quote:

A Bill to establish an independent authority to investigate offences under the (i) inspection of work, documents, records; Prevention of Corruption Act, 1988 to detect (ii) .... Section 3 "Subject to the provisions of this corruption by expeditious investigation and to Act, all citizens shall have the right to prosecute offenders information" Unquote Unquote Please Note: Empowers a small set of people as Please Note: Every citizen has become an inspectors on behalf of the citizens. inspector. 1.2 Lokpal is conferred with policing powers like interrogation, intercepting communications etc. A standard method to access material which leads access to material information. information is by filing an application under (If RTI is used intellectually than these policing the RTI Act. powers are less relevant for accessing material information) 1.2 1.3 1.3

Ultimately, Lokpal too is also based on exposing Thus, RTI is based on exposing corruption by corruption by accessing material information accessing material information (evidence), e.g. (evidence). Adarsh, CWG etc etc. 2. WHO IS UNDER RTI --- Continued in Part II