Janlokpal Bill Versus Congress Govt. Lokpal Bill - Know the difference on 25 Points between Janlokpal Bill and Govt. Lokpal Bill

Janlokpal Bill Versus Congress Govt. Lokpal Bill - Know the difference on 25 Points between Janlokpal Bill and Govt. Lokpal Bill



Today many educated Indians who are in reality uneducated are misguiding the Indians regarding the Janlokpal Bill.



So now please compare the Anna Hazare team made Janlokpal Bill and Government made Lokpal Bill.



Compare the Lokpal Bill and understand which Lokpal Bill will reduce the corruption in India.





1-

Government’s Lokpal –

Directed against those who raise their voice against corruption?

[Section 17 (1) (e) of Govt Bill]

Jurisdiction –

Only 65,000 people out of 1.2 crore

Only Group Central Govt employees

Instead of ALL Govt employees

All NGOs, Societies, Trusts, even unregistered



2-

Government’s Lokpal

[Section 50, 51 of Govt Bill]

Provides illegitimate protection to the corrupt officials?

If a citizen complains against a govt officer’s corruption to Lokpal…



•Govt officer can file a Cross Complaint directly to the Special Court

Without Preliminary Enquiry that whether complain was frivolous



•Govt officer given free advocate while the Citizen has to defend himself If complain proved frivolous citizen gets minimum 2 years jail



•If corruption of Govt officer proved –gets minimum 6 months jail



3-

Government’s Lokpal-

Section 23, 24 of Govt Bill -

Pro-accused investigation process?



After preliminary enquiry, accused given a hearing before filing an FIR



To explain why an FIR should not be registered against him.



After completion of investigations, presented evidence & again given a hearing

To explain why a case should not be filed in the court



During investigations, if investigations are to be started against any new persons,

They too would be presented with evidence against them & given hearing



Increased risk to whistleblowers



Nowhere else in the world is Criminal Jurisprudence like this!



4-

Critical Issues –Prime Minister

Government’s Draft –

PM kept out of Lokpal’s purview



Jan Lokpal Draft –



Lokpal should have power to investigate allegations of corruption against PM.

Special safeguards provided against frivolous & mischievous complaints



CORRUPTION by PM can be investigated, under Prevention of Corruption Act

Govt wants investigations to be done by CBI which comes directly under him, rather than independent Lokpal



As per Indian Constitution we got equality, in the eyes of law every citizen is equal no one is above the law.



Then how come an Indian citizen SERVANT Prime Minister will not obey and follow the law of Lokpal.



5-

Critical Issues –Judiciary



Government’s Draft –

Judiciary kept out of Lokpal’s purview.

Government wants it to be included in Judicial Accountability Bill (JAB)



In JAB permission to enquire against a judge will be given by a three member

Committee, Two judges & a retd Chief justice of the SAME court)



If only a strong and effective JAB were considered & enacted simultaneously

Judicial Accountability Bill (JA B), drafted by the government, does not

Talk of bribery by the judges. It only talks of “misbehavior”.



National Oversight Committee sought to be created through JAB will not

Have the police and investigative powers and machinery to deal with

Criminal complaints of bribery, which Lokpal would have. Therefore, the

Two bills actually complement each other.



Even if judicial corruption were included in JAB, it is not clear when

Would an effective JAB become a reality? Should we wait endlessly till?

JAB became a reality?



Jan Lokpal Draft –

Lokpal should have power to investigate allegations of corruption against Judiciary.

Special safeguards provided against frivolous & mischievous complaints



6-

Critical Issues –MPs



Government’s Draft –

Government has excluded this from Lokpal’s purview.

Article 105(2) gives them Freedom to Vote or Speak in Parliament,

Not Freedom for taking Bribe for it!!!



Govt virtually giving a license to MPs to take bribes with impunity

Strikes at the foundations of our democracy



Jan Lokpal Draft –

Lokpal should be able to investigate allegations that any MP had taken bribe to vote or speak in Parliament



7-

Critical Issues –Grievance Redressal –



Government’s Draft –

No penalties proposed. So, this will remain only on paper



Government had earlier agreed to it – (Joint committee meeting, 23rd May)

Unfortunately have gone back on this decision.



Jan Lokpal Draft –

Violation of CITIZEN’S CHARTER (if an officer does not do a COMMON Man’s work in prescribed time) by an officer should be penalized and should be deemed to be

Corruption.



8-

Critical Issues –CBI



Government’s Draft –

Government wants to retain its hold over CBI.

CBI misused by government. Recently, govt exempted CBI from RTI,



Jan Lokpal Draft –

Anti-corruption branch of CBI should be merged into Lokpal.



9-

Critical Issue – Lokpal Appoint and selection



Government Draft –

With 5 out of 10 members from ruling establishment, 6 politicians in selection committee, ensured that only pliable & weak people be selected

Search committee to be selected by selection committee

No selection process provided.



Governments will be able to appoint its own Lokpal members & Chairperson.

Earlier consensus on Selection committee, Selection process, Disagreement only on composition of search committee – (Joint Committee meeting, 7th May)



Jan Lokpal Draft –

Broad based selection committee with 2 politicians, 4 judges and 2 independent constitutional authorities. An independent search committee consisting of

Retired constitutional authorities to prepare first list. A detailed transparent selection process with PUBLIC PARTICIPATION



10-

Critical Issues –Accountability (Lokpal Members)



Government’s Draft –

Accountable to the Government. Only government can seek removal of Lokpal



Both Selection and Removal of Lokpal in Government’s CONTROL Puppet in government’s hands



Jan Lokpal Draft –

Accountable to the PEOPLE

Any Citizen can make a complaint to Supreme Court and seek removal.

Judicial review over the actions of the Lokpal by the High Courts under Article 226 and the Supreme Court under Article 32 and 136



11.

Critical Issues –Accountability (Lokpal Staff)



Government’s Draft –

Lokpal itself will investigate complaints against its own staff, thus creating serious conflicts of interest

Government’s Lokpal is accountable either to itself or the government.



Jan Lokpal Draft –

Complaint against Lokpal staff will be heard by an independent authority

We suggested accountability of Lokpal directly to PUBLIC



12-

Critical Issues –Method of Enquiry



Government’s Draft –



CrPC being amended Special protection to the accused



•After preliminary enquiry, all evidence provided to the accused & hearing for why an FIR should not be registered against him.



•After completion of investigations, again all evidence provided & hearing for why a case should not be filed against him in the court.



•During investigations, if investigations are to be started against any new persons, they would also be presented with all evidence against them and heard.



Jan Lokpal Draft –

Method would be the same as provided in CrPC like in any other criminal case.

•After preliminary enquiry, an FIR will be registered.



•After investigations, case will be presented before a court, where the trial will take place

13-

Critical Issues –Lokayukta –



Government’s Draft –

Only Lokpal at the centre would be created through this Bill.



Jan Lokpal Draft –

The same bill should provide for Lokpal at centre and Lokayuktas in states



According to Mr. Pranab Mukherjee, some of the CMs have objected

State Information Commissions were also set up under RTI Act through

Single Act only.



14-

Critical Issues –Whistleblower Protection –



Government’s Draft –

No mention in this law



Jan Lokpal Draft –

Lokpal will be required to provide protection to whistleblowers, witnesses

And victims of corruption



Protection for whistleblowers is being provided through a separate law.

That law so bad - Trashed by Standing Committee of Parliament - headed by

Ms Jayanthi Natrajan.

Earlier agreed that Lokpal would be given the duty of providing protection to

Whistleblowers under the other law, & that law would also be discussed & improved in

Joint Committee only (Joint Committee meeting, 23rd May)



15-

Critical Issues –Special Benches in HC



Government’s Draft –

No such provision

One study shows that it takes 25 years at appellate stage in corruption cases.



Jan Lokpal Draft –

High Courts will set up special benches to hear appeals in corruption cases to fast track

Them



16-

Critical Issues –CrPC



Government’s Draft-

Not included



Jan Lokpal Draft-

On the basis of past experience on why anti-corruption cases take a long

Time in courts and why do our agencies lose them, some amendments to CrPC

Have been suggested to prevent frequent stay orders



17-

Critical Issues –Dismissal of Corrupt Government Servant –



Government’s Draft –

The minister will decide whether to remove a corrupt officer or not.

Often, Ministers are beneficiaries of corruption of senior officers

Power of removing corrupt people from jobs should be given to

Independent Lokpal rather than this being decided by the minister in the

Same department.



Jan Lokpal Draft –

After completion of investigations, in addition to filing a case in a court for

Prosecution, bench of Lokpal will hold open hearings and decide whether to remove the government servant from job



18-

Critical Issues –Punishment



Government’s Draft –

None of these accepted. Only maximum punishment raised to 10 years.



Jan Lokpal Draft –

Maximum punishment is ten years

• Higher punishment if rank of accused is higher

• Higher fines if accused are business entities

• If successfully convicted, a business entity should be blacklisted from future

Contracts.



19-

Critical Issues –Financial Independence



Government’s Draft –

Finance ministry will decide the quantum of budget

This seriously compromises with the financial independence of Lokpal



Jan Lokpal Draft –

Lokpal 11 members collectively will decide how much budget they need



20-

Critical Issues –Prevent ongoing Corruption

Government’s Draft –

No such duties and powers of Lokpal



2G is believed to have been known while the process was going on.

Shouldn’t some agency have a duty to take steps to stop

Further corruption rather than just punish people later?



Jan Lokpal Draft –

Lokpal will have a duty to take steps to prevent corruption in any ongoing

Activity, if brought to his notice. If need be, Lokpal will obtain orders from High

Court.



21-

Critical Issues –Tap Phones



Government’s Draft –

Home Secretary would grant permission



Jan Lokpal Draft –

Lokpal bench will grant permission to do so



The right to tap phones is a basic right provided to all Investigation Agencies in the country even now Permission from Home Secretary will compromise investigations.



22-

Critical Issues –Delegation of Powers



Government’s Draft –

All work will be done by 11

Members of Lokpal. Practically no delegation

This is a sure way to kill Lokpal.

Within no time, the members would be overburdened



Jan Lokpal Draft –

Lokpal members will only hear cases against senior officers and politicians or

Cases involving huge amounts. Rest of the work will be done by officers working under Lokpal



23-

Critical Issues –NGOs



Government’s Draft –

All NGOs, big or small, even unregistered, are covered.

A method to arm twist NGOs

About 5 lakh registered NGOs and millions unregistered

Contradicts own logic of not including lower bureaucracy because of large numbers overburdening Lokpal



Jan Lokpal Draft –

Only government funded NGOs covered



24-

Critical Issues –False, Frivolous & Vexatious Complaints



Government’s Draft –

2-5 years of imprisonment& fine

• The accused can file complaint against complainant in a court

• Prosecutor and all expenses of this case will be provided by the government to the accused

• The complainant will also have to pay compensation to the accused



Every accused will harass complainants.

Corrupt people will file cases against complainants and no one will dare file any

Complaint.

Interestingly, Minimum punishment for corruption is 6 months but for

Filing false complaint is 2 years.





Jan Lokpal Draft –

No imprisonment, only fines on complainants.

Lokpal will decide whether a complaint is frivolous or vexatious or false.



25-

Government Lokpal Bill –



Investigation process provided by the government would severely COMPROMISE ALL INVESTIGATIONS



If evidence were made available to the accused at various stages of investigations, it would also REVEAL IDENTITY OF WHISTLEBLOWERS compromising their security



Such a pro-accused process of Criminal Jurisprudence NOWHERE IN THE WORLD

Such process would KILL ALMOST EVERY CASE !!!!



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Tags- Janlokpal Bill versus Congress Government Lokpal