Jan Lokpal Bill

Jan Lokpal Bill is a draft anti-corruption law that would create an ombudsman called the Jan Lokpal; this would be an independent body similar to the Election Commission with the power to prosecute politicians and bureaucrats without prior government permission. Drafted by Shanti Bhushan, retired Indian Police Service officer Kiran Bedi, Justice N. Santosh Hegde, advocate Prashant Bhushan, former chief election commissioner J. M. Lyngdoh in consultation with the leaders of the India Against Corruption movement and civil society, the bill proposes the institution of the office of Lokpal (Ombudsman) at the center and local Lokayukta at the state level. The bill is designed to create an effective anti-corruption and grievance redressal system that effectively deters corruption while providing effective protection to whistleblowers.
For 42 years, the government- drafted bill has failed to pass through the Rajya Sabha, the upper house of the Parliament of India.
The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but stalled in the Rajya Sabha. Subsequent Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008 but all failed to pass. Following the four day Anna Hazare fasting struggle, Prime Minister Manmohan Singh stated that the Lokpal Bill would be introduced in the 2011 monsoon session of parliament. Jan Lokpal Bill drafted prepared by Justice Santosh Hegde (former Supreme Court Judge and present Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission. Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India Against Corruption. Its website describes the movement as "an expression of collective anger of people of India against corruption. We have all come together to force/ request/persuade/ pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption." Anna Hazare, anticorruption crusader, began a fast-unto-death, demanding that
this bill, drafted by the civil society, be adopted. The website of the India Against Corruption movement calls the Lokpal Bill of the government an "eyewash" and has on it a critique of that government Bill. It also lists the difference between the Bills drafted by the government and civil society.
Major features of Jan Lokpal Bill given below:
Lokpal will have powers to initiate suo moto action or receive complaints of corruption from the general public. To establish a central government anti-corruption institution called Lokpal, supported by Lokayukta at the state level. Lokpal will be much more than an Advisory Body and have the power to initiate prosecution of anyone found guilty. The existing anti-corruption agencies (CVC, departmental vigilance and the anti-corruption branch of the CBI) will be merged into Lokpal which will have complete power and authority
to independently investigate and prosecute any officer, judge or politician. Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it. Lokpal will have police powers as well as the ability to register FIRs. As in the case of the Supreme Court and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet Secretary and the Election Commission. As a result, it will be completely independent of the government and free from ministerial influence in its investigations. Members will be appointed by judges, Indian Administrative Service officers with a clean record, private citizens and constitutional authorities through a transparent and participatory process. A selection committee will invite shortlisted candidates for interviews, videorecordings of which will thereafter be made public. Every month on its website, the Lokayukta will publish a list of cases dealt with, brief details of each, their outcome and any action taken or proposed. It will also publish lists of all cases received by the Lokayukta during the previous month, cases dealt with and those which are pending. Investigations of each case must be completedin one year. Any resulting trials should be concluded in the following year, giving a total maximum process time of two years. Lokpal and the anti corruption wing of the CBI will be one independent body. Losses caused to the government by a corrupt individual will be recovered at the time of conviction. Government officework required by a citizen that is not completed within a prescribed time period will result in Lokpal imposing financial penalties on those responsible, which will then be given as compensation to the complainant. Complaints against any officer of Lokpal will be investigated and completed within a month and, if found to be substantive, will result in the officer being dismissed within two months. Punishments will be a minimum of 5 years and a maximum of up to life imprison.

Difference between Draft Lokpal Bill 2010 and Jan Lokpal Bill:
Lokpal will have no power to initiate suomotu 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 only be an Advisory Body with a role limited to forwarding reports to a "Competent
Authority". Lokpal will have no police powers and no ability to register an FIR or proceed with criminal
investigations. The CBI and Lokpal will be unconnected. Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.