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Friday, April 8, 2011

what is Lokpal bill and know anna hazare

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The Jan Lokpal Bill, or otherwise known as the people's ombudsman bill, is an anti-corruption bill drafted by prominent figures -- Justice Santosh Hegde (ex-Supreme Court judge and present Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist) -- to put in place a unit to check corruption.

The bill seeks the appointment of a Jan Lokpal, an independent body, which would investigate all corruption cases and complete the probe within a span of a year with a view to start a trial of the case -- and complete it within the next year.

The draft Bill hopes to put in place a system in which a person found guilty of corruption would be convicted by court and subjected to a prison term within two years of the complaint being made.

The convict's ill-acquired wealth would be also confiscated under the system. The bill also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without interference and the need for permission from the government.

The India Against Corruption movement, which supports Anna Hazare's fast for the enactment of the bill, says that "if this Bill were to be enacted it would create an effective deterrence against corruption". The movement also claims that the proposed Lokbal Bill drafted by the UPA government is a "complete eyewash" made to "insulate politicians from any kind of action against them rather than strengthen anti-corruption systems".

A "weak" Lokpal Bill has previously been introduced eight times (in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and as recently as 2008) in the Parliament, and despite being passed in the Lok Sabha on one instance in 1969, the bill never got passed in the Rajya Sabha then and has since been kept on hold.

The Jan Lokayukta Bill drafted by Hazare & Co. hopes to nullify and make void the "ineffective" Lokayukta Acts, currently present in all of 18 states. The movement wants the existing Lokayukta Acts to be replaced with Jan Lokayukta Bills.

Here's a look at some of the features the Jan Lokpal Bill will establish in the country:

1. A Lokpal would be set up at the Centre and a Lokayukta would be put in place in each states.

2. Like the Supreme Court and Election Commission, this body will be completely independent of the governments and would constitute some judicial power to grant justice on its own.

3. It also aims to ensure that no minister or bureaucrat will be able to influence its investigations.

4. Cases made against people accused of being corrupt will not linger on for many years due to any factors. It will ensure that investigations in every case are completed in one year's time.

5. The trial against the accused would also be completed within the next year so if convicted, the corrupt person is sent to jail within two years ensuring quick justice.

6. The loss caused by a found-to-be corrupt person to the government will be recovered at the time of conviction.

7. The Lokpal also aims to help common citizens by ensuring that the government is penalised for slack work. Any citizen complaining against work not done within the prescribed time by any government office, the Lokpal will impose a financial penalty on the guilty party and the fine will be given as compensation to the complainant.

8. So, a person could approach the Lokpal if the ration card or passport or voter card is not yet made within the prescribed time or if the police is unwilling to register a case or any other work not being done in due time. The Lokpal vows to get it done in a month's time.

9. One could also report any case of corruption to the Lokpal like ration being siphoned off or poor quality roads being constructed or the panchayat funds being siphoned off.

10. To ensure no internal corruption is possible, the members of the Lokpal will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.

11. And to ensure more fairness, any complaint against any officer within the Lokpal shall be investigated and if found guilty would be dismissed within two months.

12. The existing anti-corruption bodies like the CVC, departmental vigilance and anti-corruption branch of CBI will be merged with the Lokpal to ensure complete order. The Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician. 

1 comment:

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