Political Career for Indian Youth- Jan Lokpal Bill-Theme 6-Penalties

Issues for Consideration and Recommendations for Improvement

Theme 6: Penalties
Issue 1: Providing limits to fines

Clause 7(g) of the Draft Bill empowers the Supreme Court to impose an unlimited fine on complainants who make frivolous petitions seeking the removal of a Chairperson or Member of the proposed Lokpal. Similarly Clauses 13(2) and (3) also do not stipulate any maximum limit for fines that may be imposed by the Lokpal on officers for non-compliance of their orders. Unlimited fines violate the principle of proportionality that must guide the imposition of penalties and punishments. We have already recommended replacement of the procedure for removal of Members of the Lokpal. So Clause 7(g) will have to be dropped. In Clause 13 a maximum limit on the fines that can be imposed by the Lokpal may be stipulated.

Recommendation:

A maximum limit for the fines may be stipulated in Clauses 13(2) and (3).

Issue 2: Enhancement of penalties contained in other laws

Clause 19A of the Draft Bill seeks to enhance the term of imprisonment for offences recognised under the Prevention of Corruption Act. This is not in tune with proper legislative practice. Punishments may be enhanced only by amending the parent law. Further, the first proviso to this Clause stipulates that the severity of the punishment will be in accordance with the rank of the accused officer- higher the rank, more severe the punishment. The second proviso stipulates that a fine amounting to five times the loss caused to the public exchequer may be imposed on a business entity that may have benefited from the act of corruption. These provisos violate Article 14 of the Constitution as they violate the principle of equal treatment of all persons before the law. If necessary, punishments may be enhanced by amending the Prevention of Corruption Act. However sentencing a person to prison for life or realizing five times the loss caused in addition to other punishments may violate the principle of proportionality in stipulating punishments in the law. Such exemplary punishments will only make the task of obtaining a conviction harder.

Recommendation:

Clause 19A may be dropped.