jan lokpal bill vs lokpal bill 2013 -targetgd_pi -group discussions, personal interviews

8/13/2019 Jan Lokpal Bill vs Lokpal Bill 2013 -TargetGD_PI -Group Discussions, Personal Interviews

1/4

I said in one of myprevious article on the Lokpal Bill, that this is the topic of the year. I stil

stand by what I said. And as the days are progressing and with what is happening in Indian

politics, it is becoming seemingly important to know all that is there to this Bill, a Bill that took

46 years and 8 failed attempts before finally being passed.

As soon as the Lokpal Bill was passed, the AAM AADMI PARTY supremo Aravind Kejriwa

termed this Bill as farcical Jokepal bill. His reasons were that the governments Bill and the

Jan Lokpal Bill do not match up even at the most fundamental aspects of what was promised

He went ahead to declare that the Jan Lokpal Bill, for which the entire nation had marched to

the streets during the India Against Corruption movement, would be passed in his state

Delhi. Now due to this reason or that, the Jan Lokpal Bill could not be tabled in the Delh

cabinet on Feb 14, 2014. So what is this Jan Lokpal Bill that was considered so important by

the newly elected CM to root out corruption, that a mere political hurdle to its passage led him

to resign from the post of Chief Minister of Delhi?

Lets here point out the major differences between the Lokpal Bill passed by the Parliament

and the Jan Lokpal Bill (JLP):

Jurisdiction of the Bill:Both bills include ministers, MPs for any action outside Parliament

and Group A officers (and equivalent) of the government. The government Bill includes the

Prime Minister after he demits office whereas the JLP includes a sitting Prime Minister as

well. The JLP includes any act of an MP in respect of a speech or vote in Parliament (which

is now protected by Article 105 of the Constitution). The JLP includes judges; the

government Bill excludes them. The JLP includes all government officials, while thegovernment Bill does not include junior (below Group A) officials. The government Bill also

includes officers of NGOs who receive government funds or any funds from the public; JLP

does not cover NGOs.

Composition of Lokpal:The government Bill has a chairperson and up to 8 members; at

least half the members must have a judicial background. The JLP has a chairperson and 10

members, of which 4 have a judicial background.

Selection of Lokpal: The JLP has a two stage process. A search committee will shortlis

potential candidates. The search committee will have 10 members; five of these would have

retired as Chief Justice of India, Chief Election Commissioner or Comptroller and Audito

General; they will select the other five from civil society. The Lokpal chairperson and

members will be selected from this shortlist by a selection committee. The selection

committee consists of the Prime Minister, the Leader of Opposition in Lok Sabha, two

Supreme Court judges, two high court chief justices, the Chief Election Commissioner, theComptroller and Auditor General and all previous Lokpal chairpersons.

The government Bill has a simpler process. The selection will be made by a committee

consisting of the Prime Minister, the leaders of Opposition in both Houses of Parliament, a

Supreme Court judge, a high court chief justice, an eminent jurist and an eminent person in
http://www.targetgdpi.com/2014/01/is-lokpal-bill-2013-effective.htmlhttp://www.targetgdpi.com/2014/01/is-lokpal-bill-2013-effective.html


2/4

public life. The selection committee may, at its discretion, appoint a search committee to

shortlist candidates.

Qualification of Lokpal Members: The JLP requires a judicial member to have held

judicial office for 10 years or been a high court or Supreme Court advocate for 15 years. The

government Bill requires the judicial member to be a Supreme Court judge or a high

court chief justice. For other members, the government Bill requires at least 25 years of

experience in anti-corruption policy, public administration, vigilance or finance. The JLP has alower age limit of 45 years, and disqualifies anyone who has been in government service in

the previous two years.

Removal of Lokpal:The government Bill permits the president to makea reference to theSupreme Court for an inquiry, followed by removal if the member is found to be biased o

corrupt. The reference may be made by the president (a) on his own, (b) on a petition signed

by 100 MPs or (c) on a petition by a citizen if the President is then satisfied that it should be

referred. The President may also remove any member for insolvency, infirmity of mind or

body, or engaging in paid employment.The JLP has a different process. The process starts with a complaint by any person to the

Supreme Court. If the court finds misbehaviour, infirmity of mind or body, insolvency or paid

employment, it may recommend his removal to the President.

Whistle-Blower

Protection: AWhistleblower is defined as

any person who faces threat of physical harm

or professional harm like illegitimate transfers,

denial of promotions, denial of appropriateperks, departmental proceedings, discrimination

or is actually subjected to harm for making a

complaint to Lokpal under this Act or for filing

an application under Right to Information Act.

The government Bill deals only with offences

under the Prevention of Corruption Act. There is no whistleblower provision. The JLP, in

addition, includes offences by public servants under the Indian Penal Code and victimization

of whistleblowers. The Lokpal has the power to take necessary action to provide protection to

a whistleblower as per various provisions of this Act.

Lokayukta Selection:According to the government bill, a body called Lokayukta will be

established in every State through the enactment of a law by the State legislatures within a

period of 365 days from the date of commencement of this Act. States to have absolute

freedom in determining the nature and type of the institution of Lokayukta. The Jan Lokpa

bill, however, sought to create a Lokayukta along the same lines as the one at the Centre.

Punishment for false or frivolous complaints:Clause 46 of the government Bill provides
http://1.bp.blogspot.com/-UrfCmESUrU0/Uv5ipmsibfI/AAAAAAAAB2Y/GbYgpZ3Dgw8/s1600/1888667_10151970555326936_1743369825_n.jpg


3/4

Year Book 2014

List Price: Rs.340

Our Price: Rs.227

for a punishment with imprisonment for a term which may extend to one year and with a fine

which may extend to Rs1 lakh in case a complaint is found to be false and frivolous or

vexatious. The JLB seeks fines on complainants but no imprisonment. Lokpal would decide

whether a complaint is frivolous or vexatious or false.

Citizens Charter:Similar to the whistleblower protection, there is no mention of Citizens

Charter in the government version of the Bill.

The JLB has a lot to say on this:

Each public authorityshall be responsible for ensuring the preparation andimplementation of Citizens Charter, within a reasonable time, and not

exceeding one year from this Act coming into force. Each Citizens Charter

shall enumerate the commitments of the respective public authority to the

citizens, officer responsible for meeting each such commitment and the

time limit within which the commitment shall be met. Each

public authority shall designate an official called Public Grievance

Redressal Officer, whom a complainant should approach for any violationof the Citizens Charter. It shall be the duty of the Grievance Redressal

Officer to get the grievance redressed within a period of 30 days from the

receipt of the complaint. In the event of even the Grievance Redressal

Officer not getting the grievance redressed within the specific period of 30 days a complaint

could be made to the Lokpal. The Lokpal after hearing the Grievance Redressal Officer

would impose suitable penalty not exceeding Rs 500/- for each days delay but not exceeding

Rs. 50,000/- to be recovered from the salaries of the Grievance Redressal Officer. Apart from

levying the penalty on the Grievance Redressal Officer, the Lokpal may also in suitable cases

recommend to the appropriateauthority to have departmental punishment imposed on theGrievance Redressal Officer.

Central Bureau of Investigation(CBI) : Under the government Bill, The CBI shall have

a separate Directorate of Prosecutionunder a Director, who shall function under Director o

CBI. The Director of CBI shall be the head of the entireOrganisation. Director of CBI wilbe appointed by a collegium comprising of the Prime Minister, Leader of Opposition in Lok

Sabha and Chief Justice of India.Director of Prosecution will be appointed on the

recommendation of the CVC.Director of Prosecution and Director of CBI shall have a fixed

term of two years. Power of superintendence and direction of the CBI in relation to Lokpareferred cases must vest with the Lokpal. Officers of CBI investigating cases referred by

Lokpal will be transferred with the approval of Lokpal.

Under the Jan Lokpal Bill, the anti-corruption branch of the CBI will be merged into Lokpa

which will have complete power authority to independently investigate and prosecute any

officer, judge or politician. This way CBI will be brought under the administrative control of

the Lokpal, so that the investigating machinery can be made independent of the government.

CONCLUSION:
http://www.flipkart.com/year-book-2014-competition-success-review-1st/p/itmdppa9xtymzkhk?pid=9788192588957&affid=rksharma0http://www.flipkart.com/year-book-2014-competition-success-review-1st/p/itmdppa9xtymzkhk?pid=9788192588957&affid=rksharma0http://www.flipkart.com/year-book-2014-competition-success-review-1st/p/itmdppa9xtymzkhk?pid=9788192588957&affid=rksharma0


4/4

It is very clear from the above discussionsthat the government version of the bill isnot complete and definitely not what wasexpected by Arvind Kejriwal. But after somany years, its seen by many as a starand obviously will be improved with

experience and implementation. The JanLokpal Bill has many points in its favoulike the Citizens Charter and Whistlebloweprotection. All in all, the JLB looks good onpaper than the Bill passed by the

government. And it would be fruitful if some good aspects of the JLB are included ithe law with the course of time.
http://1.bp.blogspot.com/-KWWLDFsa_dw/Uv5ipu4IDnI/AAAAAAAAB2g/aU_6TVhHRO4/s1600/Hazare_1684117f.jpg

jan lokpal bill vs lokpal bill 2013 -targetgd_pi -group discussions, personal interviews

Documents