9869731524

Corruption and hypocrisy ought not to be inevitable products of democracy, as they undoubtedly are today.Mahatma Gandhi

Virus named: Corruption Hardly any day passes without any news of corruption in India. The root of corruption lies in the inability of the political and administrative authority to understand and accept that under the Indian Constitution, the citizen is sovereign and that his/her rights are the basis of governance of the country. The fight against corruption is not possible for an individual without the active participation of people.[1] We seem to be living in an India where there is a scam in a week if not a scam a day.[2] For this very reason the people are taking the issue of corruption very seriously. More and more policymakers, businesses and civil society organizations have begun to confront the issue openly.[3] Nagarajan Vittal, the former Central Vigilance Commissioner of India, who advocated a right to corruption free service to be the fundamental right of every citizen, emphatically pointed out that it is necessary to sensitise the entire population of the country and bring together every citizen who wants to fight corruption.[4] Gradually this sensitization is taking place whether in the form of the emergence of the role of civil society against corruption or the common masses of the country. Examples can be drawn from the recent Egyptian Movement against the tyranny of their ruler and the Indian Anti-Corruption Movement demanding a better Lokpal Bill. An eye-wash sponsored by the State Eight times in the history of this Republic, governments have tried to get the Lokpal Bill enacted. The Bill has been introduced in Parliament in 1971, 1977, 1985, 1989, 1995, 2001, 2005 and 2008, but was never passed.[5] But no government from Indira Gandhi to that of Atal Bihari Vajpayee to Manmohan Singh could succeed in installing an all powerful ombudsman to probe graft cases against the high and the mighty in the country[6]. The basic idea of the Lokpal is borrowed from the office of ombudsman, which has played an effective role in checking corruption and wrong-doing in Scandinavian countries (Sweden, Denmark, Finland, and Norway) and other nations.

The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one

year. Drafted by Justice Santosh Hegde (former Supreme Court Judge and former Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his illgotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission. Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India Against Corruption. Its website describes the movement as "an expression of collective anger of people of India against corruption. We have all come together to force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption." Anna Hazare, anti-corruption crusader, went on a fast-unto-death in April, demanding that this Bill, drafted by the civil society, be adopted. Four days into his fast, the government agreed to set up a joint committee with an equal number of members from the government and civil society side to draft the Lokpal Bill together. The two sides met several times but could not agree on fundamental elements like including the PM under the purview of the Lokpal. Eventually, both sides drafted their own version of the Bill. The government has introduced its version in Parliament in this session. Team Anna is up in arms and calls the government version the "Joke Pal Bill." Anna Hazare declared that he would begin another fast in Delhi on August 16. Hours before he was to begin his hunger strike, the Delhi Police detained and later arrested him. There are widespread protests all over the country against his arrest. The website of the India Against Corruption movement calls the Lokpal Bill of the government an "eyewash" and has on it a critique of that government Bill.
Governments action in the year 2010 On 2010, again the government proposed to introduce the Lokpal bill into the Parliament. But it has many lacunas; the most important among them is the drafting committee itself. The other loopholes are as follows:

 1. No suo-moto action Lokpal will have no power to initiate suo-moto action or receive complaints of corruption from the general public.[7] 2. Act only as an advisory body Lokpal has been proposed to be an advisory body. Lokpal, after enquiry in any case, will forward its report to the competent authority.[8] 3. No police powers Lokpal is restricted to preliminary enquiry. It is not endorsed with any powers to file a case against culprit.[9] 4. CBI and Lokpal will have no connection with each other Lokpal will have jurisdiction only on MPs, ministers and PM. It will not have jurisdiction over the government officers.[10] 5. Selecting committee consists of political dignitaries The selection committee consists of Vice President, PM, Leaders of both houses, Leaders of opposition in houses, Law Minister and Home minister. Barring Vice President, all of them are politicians whose corruption, Lokpal is supposed to investigate. The birth of Jan Lokpal bill Due all these flaws and ambiguities in the Government Lokpal bill there was a great need to establish an independent body as proposed by Anna Hazare and other people of civil society that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year.[11] The convicts ill-acquired wealth would be also confiscated under the system. The bill also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without interference and the need for permission from the government. Anna Hazares fast unto death is the stepping stone for the unicorn named, Jan Lokpal Bill. The salient features that have been proposed by the civil society with the help of Anna Hazare are as follows: 1. The Jan Lokpal Bill seeks to establish an institution called LOKPAL at the centre[12] and LOKAYUKTA in each state. Like the statutory bodies of Supreme Court and Election Commission, they will be completely independent of the governments. No political influence of any minister or bureaucrat will be there on the Lokpal.[13] 2. Under the present anti-corruption bill investigations in any case will have to be completed within six months or not more than in one year[14]. Trial should be completed in next one year[15] so that the corrupt politician, officer or judge is sent to jail within two years. 3. The loss that a corrupt person caused to the government will be recovered at the time of conviction.[16]

4. If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.[17] 5. The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer will dismissed within two months.[18] 6. CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.[19] 7. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.[20]

look

at

the

salient

features

of

Jan

Lokpal

Bill:

1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up 2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations. 3. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years. 4. The loss that a corrupt person caused to the government will be recovered at the time of conviction. 5. How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant. 6. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month's time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.

7. But won't the government appoint corrupt and weak people as Lokpal members? That won't be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process. 8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months. 9. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician. 10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.
Parting note In the governments version of the bill, the Lokpal would have no power to initiate suo moto action or receive complaints of corruption from the general public. It was to only investigate complaints forwarded by the Lok Sabha Speaker or Rajya Sabha chairman. In short, the Lokpal was envisaged as an advisory body whose powers would be limited to recommending actions to a competent authority. Most agree that a joint committee to draft a new Lokpal Bill is a welcome decision. Eighteen Indian states have already created the Lokayukta (a body mandated to investigate matters related to corruption and maladministration by public servants) by passing the Lokayukta Acts.[21] Then why should not there be a strong central law to deal with corruption. Arvind Kejriwal, one of the core members of the India Against Corruption group, who drafted the Jan Lokpal Bill believes that the Jan Lokpal Bill is bigger than the implementation of RTI act; it will make the politicians go to jail and punish them for being corrupt.[22] Though the Jan Lokpal Bill is criticised as for giving excessive power in the hands of the Lokpal but at the same time, the state in which India is at the moment, that is the state of unaccountability on part of anti-corruption machinery, lack of faith in the working of the CVC and CBI and scams being revealed every other day; there is a need of a stringent law on the same lines as that of the Jan Lokpal Bill. The need of the hour is to have an effective cop who can investigate and prosecute the high and mighty without interdiction from the very people who need to be prosecuted.[23] But only creating a powerful Lokpal who can prosecute the corrupt is not the solution to the deeply entrenched problem of corruption. As it is said that Corruption is all pervasive, hence we need to create a credible and accountable Lokpal to check corruption at the central level. The Jan Lokpal Bill is not an end in itself but a means to an end. As the joint committee meetings will progress, hopefully a powerful entity of Lokpal is created which can gradually

remove the evil of corruption will be formed and the reformed bill proves to be the much needed piece of legislation for the citizens of India.