Lokpal and Janlokpal....
Thursday, August 18, 2011
My opinion on various differences between Lokpal and Janlokpal
| Issue | The Jan Lokpal Bill [1] | Government's Lokpal Bill [3] | My Opinion |
| Prime Minister | Can be investigated with permission of seven member Lokpal bench.[14] | PM cannot be investigate by Lokpal.[16] | PM should be Included. There is no rule which bars PM from being corrupt then why can't he be investigated |
| Judiciary | Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench.[14] | Judiciary is exempt and will be covered by a separate "judicial accountability bill".[15] | Judiciary should also be investigated. Again if they can be corrupt they should be investigated. |
| MPs | Can be investigated with permission of seven member Lokpal bench.[14] | Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated.[15] | I believe Government view's is correct as MP should have the right to vote as per their wish and if they can be bought they will face the public ire. |
| Lower bureaucracy | All public servants would be included.[15] | Only Group A officers will be covered.[15] | All government servant can be corrupt and thus should be investigated. |
| Central Bureau of Investigation (CBI) | The CBI will be merged into the Lokpal.[15] | The CBI will remain a separate agency.[14] | CBI has been misused time and again and it is about time it is made independent. |
| Removal of Lokpal members and Chair | Any person can bring a complaint to the Supreme Court, who can then recommend removal of any member to the President.[14] | Any "aggrieved party" can raise a complaint to the President, who will refer the matter to the CJI.[14] | I think the supreme court route is easier for lokpal to monitored. |
| Removal of Lokpal staff and officers | Complaints against Lokpal staff will be handled by independent boards set-up in each state, composed of retired bureaucrats, judges, and civil society members.[14] | Lokpal will conduct inquiries into its own behavior.[14] | You cannot be investigate an allegation against yourself and thus a separate organ is better. |
| Lokayukta | Lokakyukta and other local/state anti-corruption agency would remain in place.[15] | All state anti-corruption agencies would be closed and responsibilities taken over by centralized Lokpal.[15] | No Opinion. |
| Whistleblower protection | Whistleblowers are protected law.[14] | No protection granted to whistleblowers.[14] | About time a whistle blower protection law is brought. |
| Punishment for corruption | Lokpal can either directly impose penalties, or refer the matter to the courts. Penalties can include removal from office, imprisonment, and recovery of assets from those who benefited from the corruption.[14] | Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current law.[14] | You cannot be investigator, jury and the prosecutor yourself. Referring cases to judiciary seems more appropriate. Prosecution should remain with the judiciary. |
| Investigatory powers | Lokpal can obtain wiretaps, issue rogatory letters, and recruit investigating officers. Cannot issue contempt orders.[14] | Lokpal can issue contempt orders, and has the ability to punish those in contempt. No authority to obtain wiretaps, issue rogatory letters, or recruit investigating officers.[14] | Lokpal should be an investigation agency. Thus they need powers to do the needful. |
| False, frivolous and vexatious complaints | Lokpal can issue fines for frivolous complaints (including frivolous complaints against Lokpal itself), with a maximum penalty of 1 lakh.[14]. | Court system will handle matters of frivolous complaints. Courts can issue fines of Rs25,000 to 2 lakh.[14] | "Frivolous complaint" should be decided by an authority other Lokpal itself. |
| Scope | All corruption can be investigated.[15] | Only high-level corruption can be investigated.[15] | All corruption should be investigated |
| | Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha. | Lokpal will have powers to initiate suo muto action or receive complaints of corruption from the general public. | Suo Moto initiation action would make lokpal more effective. |
| | Lokpal will have the power to initiate prosecution of anyone found guilty. | Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority". | Lokpal should recommend prosecution and not punish itself. |
| | Lokpal will have police powers as well as the ability to register FIRs. | Lokpal will have no police powers and no ability to register an FIR or proceed with criminal investigations. | Giving Lokpal police power would make a behemoth which would be difficult to control. |
| | Lokpal and the anti corruption wing of the CBI will be one independent body. | The CBI and Lokpal will be unconnected. | CBI should be merged with Lokpal and made independent. |
| | Punishments will be a minimum of 10 years and a maximum of up to life imprisonment. | Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years. | In a country where rape carries 7 years of prison 10 years for corruption seems a little too much. |
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