India being the largest democracy in the world, possess great amount of stiff competition from its rivals like corruption, delusional power, and other anti-democratic and unethical elements in our society which creeps into the system. Let's look into the hot shot, Jan Lokpal Bill.
What is Lokpal.?
The word Lokpal means an ombudsman in India. The word has been derived from the Sanskrit words "loka" (people) and "pala" (protector/caretaker). So the word Lokpal means 'protector of people'. The concept of Lokpal has been drawn up to root out corruption at all levels in the prevailing Indian political system.
When was it introduced on stage.?
The first Jan Lokpal Bill was introduced by Shanti Bhushan in 1968 and passed in the 4th Lok Sabha in 1969 but could not get through in the Rajya Sabha. Subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were never passed. 42 years after its first introduction, the Lokpal bill is still pending in India.
What did it offered.?The Lokpal Bill provides for filing complaints of corruption against the prime minister, other ministers, and MPs with the ombudsman. The Administrative Reforms Commission (ARC) while recommending the constitution of Lokpal was convinced that such an institution was justified not only for removing the sense of injustice from the minds of adversely affected citizens but also necessary to instill public confidence in the efficiency of the administrative machinery. Following this, the Lokpal Bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969.However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, and so the bill was not passed at that time.
Its duties were.?1.To judge the cases and make jurisdictions against corruption cases with the Lokpal.
2.To judge whether a case is legal or whether a fake complaint has been made.
3.To potentially impose fines on a fake complaint, or even a short span of jail time, if the case is not proved to be legally true.
What stopped it from being in service.?The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, and most recently in 2008. Each time, after the bill was introduced to the house, it was referred to some committee for improvements --- a joint committee of parliament, or a departmental standing committee of the Home Ministry --- and before the government could take a final stand on the issue, the house was dissolved. Several flaws have been cited in the recent draft of the Lokpal Bill.
"The three men stood up, glowered at me, and began shouting in chorus. They ignored the business card I had introduced myself with. How dare I complain that there was undue delay in delivering my LPG cylinder? They leaned forward menacingly. We shouted at each other. Then I walked out. The next day the owner of the gas agency called me. He was obsequious, contrite. I would never again face a problem in getting cooking gas. It would be delivered instantaneously. I was flummoxed. What had changed? Then it dawned on me: the man had studied my business card. I was Somebody. I might be able to do something to him", Chaitanya Kalbag
Venality does not only involve money. We live in a land suffused by power, influence and patronage. Our lives are steeped in a million shades of grey. Anna Hazare's fast in early April gave voice to the rising despair among ordinary Indians about the muck they are sinking into. But is the former Indian Army driver from Ralegan Siddhi village a messiah or a demagogue? Hazare says "India needs an Egypt." He must be careful what he wishes for. Revolutions have a habit of devouring their children; remember Leon Trotsky, Abolhasan Bani-Sadr, and Che Guevara.
Do we really need a Star Chamber to pronounce judgment on corruption ? There is good cause for mass anger. The government's own Lokpal Bill has been introduced eight times since 1968. As Hazare and his close collaborator Arvind Kejriwal point out, none of the existing anti-corruption instruments seems to work.
Current Happenings.
The various social groups and other public groups are now driven by large support by the population (surprisingly 50-60% consisting of educated middle class group). Anna Hazare, backed by the Civil Society is now devising a strong Lokpal to come into action.
Need of the hour.?Will by coming into existence of Lokpal is the only possible solution.?Why is there no consensus between the Drafting Committee and Civil Society.?.( Drafting committee agreed on 15 out of 71 annexures in draft put by the civil society)
What is Lokpal.?
The word Lokpal means an ombudsman in India. The word has been derived from the Sanskrit words "loka" (people) and "pala" (protector/caretaker). So the word Lokpal means 'protector of people'. The concept of Lokpal has been drawn up to root out corruption at all levels in the prevailing Indian political system.
When was it introduced on stage.?
The first Jan Lokpal Bill was introduced by Shanti Bhushan in 1968 and passed in the 4th Lok Sabha in 1969 but could not get through in the Rajya Sabha. Subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were never passed. 42 years after its first introduction, the Lokpal bill is still pending in India.
What did it offered.?The Lokpal Bill provides for filing complaints of corruption against the prime minister, other ministers, and MPs with the ombudsman. The Administrative Reforms Commission (ARC) while recommending the constitution of Lokpal was convinced that such an institution was justified not only for removing the sense of injustice from the minds of adversely affected citizens but also necessary to instill public confidence in the efficiency of the administrative machinery. Following this, the Lokpal Bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969.However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, and so the bill was not passed at that time.
Its duties were.?1.To judge the cases and make jurisdictions against corruption cases with the Lokpal.
2.To judge whether a case is legal or whether a fake complaint has been made.
3.To potentially impose fines on a fake complaint, or even a short span of jail time, if the case is not proved to be legally true.
What stopped it from being in service.?The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, and most recently in 2008. Each time, after the bill was introduced to the house, it was referred to some committee for improvements --- a joint committee of parliament, or a departmental standing committee of the Home Ministry --- and before the government could take a final stand on the issue, the house was dissolved. Several flaws have been cited in the recent draft of the Lokpal Bill.
"The three men stood up, glowered at me, and began shouting in chorus. They ignored the business card I had introduced myself with. How dare I complain that there was undue delay in delivering my LPG cylinder? They leaned forward menacingly. We shouted at each other. Then I walked out. The next day the owner of the gas agency called me. He was obsequious, contrite. I would never again face a problem in getting cooking gas. It would be delivered instantaneously. I was flummoxed. What had changed? Then it dawned on me: the man had studied my business card. I was Somebody. I might be able to do something to him", Chaitanya Kalbag
Venality does not only involve money. We live in a land suffused by power, influence and patronage. Our lives are steeped in a million shades of grey. Anna Hazare's fast in early April gave voice to the rising despair among ordinary Indians about the muck they are sinking into. But is the former Indian Army driver from Ralegan Siddhi village a messiah or a demagogue? Hazare says "India needs an Egypt." He must be careful what he wishes for. Revolutions have a habit of devouring their children; remember Leon Trotsky, Abolhasan Bani-Sadr, and Che Guevara.
Do we really need a Star Chamber to pronounce judgment on corruption ? There is good cause for mass anger. The government's own Lokpal Bill has been introduced eight times since 1968. As Hazare and his close collaborator Arvind Kejriwal point out, none of the existing anti-corruption instruments seems to work.
Current Happenings.
The various social groups and other public groups are now driven by large support by the population (surprisingly 50-60% consisting of educated middle class group). Anna Hazare, backed by the Civil Society is now devising a strong Lokpal to come into action.
The Jan Lokpal Bill may need to move from idealism to realism; the solution may also lie in granting independence and teeth to existing agencies created to fight corruption, like the Chief Vigilance Commissioner, the Lokayuktas, the Comptroller and Auditor General of India, and the Central Bureau of Investigation. The Lokpal definition is idealistic, its search and arrest powers sweeping, and its descriptions of corruption expansive (go to www. indiaagainstcorruption.org for details).
Equally vaulting is the proposed punishment for corporate corruption. "…if the beneficiary is a business entity, in addition to other punishments mentioned in this Act and under the Prevention of Corruption Act, a fine amounting to five times the loss caused to the public shall be recovered from the accused and the recovery may be done from the assets of the business entity and from the personal assets of all its Directors, if the assets of the accused are inadequate," the Jan Lokpal Bill says.
A number of cultures, fungi and bacilli are already beginning to invade the Hazare petri
Gopalkrishna Gandhi, the Mahatma's grandson, says, “It is prudent that we give the process of drafting new anti-corruption legislation some time and space. Now the drafting committee is one entity on which responsibility rests collectively. It cannot exist in two halves. In pictures of the first session, 'civil society' representatives were seated on one side and the government representatives faced them from the opposite end. This is not a management-trade union negotiation. The committee's success will be a joint success, its failure a joint failure."
It might be rude, but I am terribly disappointed by the scenario in which India being a breeder of one of the largest youth force(educated one too.!!), their participation and inclusion in constructive policy building and implementation, leadership opportunities are nor seen neither encouraged. Though, I believe it’s time that we take our responsibility to uproot the in-explainable causes of corruption from our very system.
But going back to the topic,
Do we really need a Jan Lokpal Bill or liberating the investigating units like CBI and distribution of anti-corruption powers to existing divisions would help counter corruption.?
Equally vaulting is the proposed punishment for corporate corruption. "…if the beneficiary is a business entity, in addition to other punishments mentioned in this Act and under the Prevention of Corruption Act, a fine amounting to five times the loss caused to the public shall be recovered from the accused and the recovery may be done from the assets of the business entity and from the personal assets of all its Directors, if the assets of the accused are inadequate," the Jan Lokpal Bill says.
A number of cultures, fungi and bacilli are already beginning to invade the Hazare petri
Gopalkrishna Gandhi, the Mahatma's grandson, says, “It is prudent that we give the process of drafting new anti-corruption legislation some time and space. Now the drafting committee is one entity on which responsibility rests collectively. It cannot exist in two halves. In pictures of the first session, 'civil society' representatives were seated on one side and the government representatives faced them from the opposite end. This is not a management-trade union negotiation. The committee's success will be a joint success, its failure a joint failure."
It might be rude, but I am terribly disappointed by the scenario in which India being a breeder of one of the largest youth force(educated one too.!!), their participation and inclusion in constructive policy building and implementation, leadership opportunities are nor seen neither encouraged. Though, I believe it’s time that we take our responsibility to uproot the in-explainable causes of corruption from our very system.
But going back to the topic,
Do we really need a Jan Lokpal Bill or liberating the investigating units like CBI and distribution of anti-corruption powers to existing divisions would help counter corruption.?
Should Prime Minister be included in Lokpal or not.?.if yes, would it be dilution of the PM's power.?
Why are the other parties along with opposition not taking any stand regarding what should be in the draft....what shouldn't.?
What if the implementation of Lokpal doesn't change anything.?
Still many things to ponder upon, a long way to go...
A look at the salient features of Jan Lokpal Bill:
Still many things to ponder upon, a long way to go...
A look at the salient features of Jan Lokpal Bill:
- An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up.
- 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.
- 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.
- The loss that a corrupt person caused to the government will be recovered at the time of conviction.
- 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.
- 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.
- 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.
- 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.
- 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.
- It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption
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