Lokpal existing and proposed a comparision

Lokpal Draft Bll Existing and Proposed by the Civil Society - A Comparision and few doubts

Existing System ( Ex)

System Proposed by civil society ( Pro)
1

Ex No politician or senior officer ever goes to jail despite huge evidence because Anti Corruption Branch (ACB) and CBI directly come under the government. Before starting investigation or initiating prosecution in any case, they have to take permission from the same bosses, against whom the case has to be investigated.

Pro Lokpal at centre and Lokayukta at state level will be independent bodies. ACB and CBI will be merged into these bodies. They will have power to initiate investigations and prosecution against any officer or politician without needing anyone’s permission. Investigation should be completed within 1 year and trial to get over in next 1 year. Within two years, the corrupt should go to jail.

2

Ex No corrupt officer is dismissed from the job because Central Vigilance Commission, which is supposed to dismiss corrupt officers, is only an advisory body. Whenever it advises government to dismiss any senior corrupt officer, its advice is never implemented.

Pro Lokpal and Lokayukta will have complete powers to order dismissal of a corrupt officer. CVC and all departmental vigilance will be merged into Lokpal and state vigilance will be merged into Lokayukta.

3

Ex No action is taken against corrupt judges because permission is required from the Chief Justice of India to even register an FIR against corrupt judges.

Pro Lokpal & Lokayukta shall have powers to investigate and prosecute any judge without needing anyone’s permission.

4

Ex Nowhere to go - People expose corruption but no action is taken on their complaints.

Pro Lokpal & Lokayukta will have to enquire into and hear every complaint.

5

Ex There is so much corruption within CBI and vigilance departments. Their functioning is so secret that it encourages corruption within these agencies.

Pro All investigations in Lokpal & Lokayukta shall be transparent. After completion of investigation, all case records shall be open to public. Complaint against any staff of Lokpal & Lokayukta shall be enquired and punishment announced within two months.

6

Ex Weak and corrupt people are appointed as heads of anti-corruption agencies.

Pro Politicians will have absolutely no say in selections of Chairperson and members of Lokpal & Lokayukta. Selections will take place through a transparent and public participatory process.

7 

Ex Citizens face harassment in government offices. Sometimes they are forced to pay bribes. One can only complaint to senior officers. No action is taken on complaints because senior officers also get their cut.

Pro Lokpal & Lokayukta will get public grievances resolved in time bound manner, impose a penalty of Rs 250 per day of delay to be deducted from the salary of guilty officer and award that amount as compensation to the aggrieved citizen.

8

Ex -Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.

Pro- Loss caused to the government due to corruption will be recovered from all accused.

9

Ex-Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.

Pro -Enhanced punishment - The punishment would be minimum 5 years and maximum of life imprisonment.

Other questions to be answered to the Public are

How the Chair persons and members of Lokpal & Lokayukta are appointed?

What will be process of selection?

If it is by nomination by elected representatives of people, wouldn't it amount to political appointment?

If it is by election by people, wouldn't it be a political election?

How do we avoid political intervention in the selection process in a Democratic country?

How do we segregate corrupt and non-corrupt politicians and keep away the corrupt ones from the selection process of Office Bearers of Lokpal?

What checks we can implement to avoid autocratic way of functioning of these bodies, if they are not accountable to people?

Are we heading for a new system of government, by curtailing the power of governance of the people's representatives in the democratic system?

If we appoint a parallel authority to decide on matters of importance, how effective would be our government?

Wouldn't it mean that we do not trust our political system?

If we don't trust our political leaders, who is to be blamed? the leaders or the people who elect them?

If the people are to be blamed, where is the change to be effected? in the system or in the society?

If the change is to effected in the society, how it is to be achieved? who will take the leadership?

Courtesy: An E-Mail from Chet Ram