File Name: difference between lokpal and jan lokpal bill file.zip
It is designed to effectively deter corruption, redress grievances and protect whistle-blowers. If passed and made into law, the bill seeks to create an ombudsman called the Lokpal translation: protector of the people — an independent body similar to the Election Commission of India with the power to investigate politicians and bureaucrats without prior government permission.
- Comparision between Jan Lokpal Bill 2011 and Draft Lokpal Bill 2010 (Government Version)
- JAN LOKPAL BILL VS LOKPAL: A STUDY IN CONTRAST
- Jan lokpal draft pdf file
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Comparision between Jan Lokpal Bill 2011 and Draft Lokpal Bill 2010 (Government Version)
But before talking about the bill, let us visualize about the person had managed to create such a mass public awareness which later on turned into a movement. Let's go a little deep into the life of the person whose vision alone turned around the people for such a huge gathering.
People who came out supporting him and stepped together with an only purpose to eliminate corruption by giving it on the face of the system. Devoid with not so much of a financial background, he was born to a farming family; however, his father was an unskilled labourer and owned five acres of cultivable land; but with not so much adequate technique of production and adverse farming conditions led the family into the grip of poverty.
Due to which he had to move in his ancestral home at Ralegan Siddhi. During his days with army, his twice-a-times, a too close to near-death experience in the war with Pakistan changed his complete outlook towards life, and he sought to look up for a voluntary retirement from the army.
When in , in an indo-china war, the govt. After servicing for fifteen long years with arms, he finally proclaimed his retirement for servicing of the society and came back to his village in The retired soldier to a social reformer, he has been awarded with Padmashri and Padmabhushan.
For passing a Janlokpal bill or considering changes advised by team Anna' in the govt. However, the government later accepted it. After an endless trail of major corruption scandals, the government has found themselves in a situation to wave-off the damage.
The nine-member committee of Lokpalwhich will include the ombudsmanwill not have its own investigative agency, a major demand of Anna Hazare and many opposition parties, wasn't not been validated. However, the government has assured that a separate bill will be tabled in relevance on citizen's charter bill in parliament which could have make it obligatory for every government ministry and department to act within 30 days on public complaints about services.
The Bill provides for establishment of the Lokpal for inquiring into complaints of corruption against certain public servants. In relevance to the bill, the oppression was that the bill has already been presented in the parliament eight times before but it never happened. Anna and his team also contested as representatives of civil society to make suggestions in drafting committee for a strong Lokpal.
However the government seemed too unsatisfied with their argument and deferred to take any suggestions from the team from whereon the utter conflict arises. In the recommendation, it was advised that the election of Lokpal would be appointed by the president with the advice of selection committee. The Selection Committee shall comprise of the Prime Minister, Speaker of the Lok Sabha, Leaders of the Opposition in both houses, a Union Cabinet Minister nominated by the Prime Minister, one sitting judge of the Supreme Court, and one sitting Chief Justice of the High Court's both nominated by the Chief Justice of India, an eminent jurist nominated by the central government and a person of eminence in public life with knowledge of public administration, policy making, anti-corruption policy, vigilance and finance.
A non-judicial member is required to have 25 years experience in anti-corruption policy, public administration, vigilance and finance. The rest of the members details were, the Chairperson shall be a present or former judge of the Supreme Court.
Fifty percent of the other members shall be judicial members judges of the Supreme Court and Chief Justices of the High Court. Where the Lokpal can recommend the number of such courts.
The Lokpal can ask the Investigation Wing to conduct preliminary investigation of any offence alleged to be committed under the PCA. The Lokpal shall provide the accused with copies of the complaint and secure him a hearing. In case a prima facie case is made out it may then conduct a public inquiry.
It can also file a case before the Special Court through its Prosecution Wing. The competent authority shall within 30 days of receipt of the recommendation initiate disciplinary proceedings and inform the Lokpal of the action proposed or taken.
The following inquiry by the Lokpal is to be completed within a maximum period of one year. The trial before the Special Court is to be completed within a maximum timeframe of two years. Judiciary is exempt and will be covered by a separate "judicial accountability bill". Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated.
Only senior officers Group A will be covered. Any "aggrieved party" can raise a complaint to the President, who will refer the matter to the CJI. Lokpal will conduct inquiries into its own behavior. All state anti-corruption agencies would be closed and responsibilities taken over by centralized Lokpal. No protection granted to whistleblowers by Lokpal.
Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current laws. Cannot issue contempt orders. 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.
Court system will handle matters of frivolous complaints. Courts can give years imprisonment and fines of Rs 25, to , These activists, under the banner of 'India Against Corruption', came together to draft a citizen's version of the Lokpal Bill later called the Jan Lokpal. Public awareness drives and protest marches were carried out to campaign for the bill. The government has however accepted it.
To dissuade Hazare from going on an indefinite hunger strike, the Prime Minister's Office directed the ministries of personnel and law to examine how the views of society activists can be included in the Lokpal Bill. However, no consensus could be reached on 7 April owing to several differences of opinion between the social activists and the Government.
Anna Hazare also claimed that his group has received six crore 60 million text messages of support and that he had further backing from a large number of Internet activists. The outpouring of support was largely free of political overtones; political parties were specifically discouraged from participating in the movement.
The fast ended on 9 April, after 98 hours, when the Government accepted most demands due to public pressure. Anna Hazare set a 15 August deadline for the passing of the bill in the Parliament, failing which he would start a hunger strike from 16 August.
The fast also led to the Government of India agreeing to setting up a Joint Drafting Committee, which would complete its work by 30 June.
It consisted of the following ten members, including five from the government and five drawn from the civil society. The committee failed to agree on the terms of a compromise bill and the government introduced its own version of the bill in the parliament in August To protest against this, Anna Hazare announced an "Indefinite Fast" not to be confused with "Fast until death".
Delhi Police gave its permission with certain The arrest resulted in huge public outcry and under pressure the government released him in the evening of 16 Aug. However, Anna Hazare refused to come out of Jail, starting his indefinite fast from Jail itself.
Notable politicians who indicated support for the bill include Ajit Singh and Manpreet Singh Badal as well as the principal opposition party, Bharatiya Janta Party. In addition, numerous Bollywood actors, directors, and musicians publicly approved of the bill. Although BJP showed their support earlier, there were reports that BJP shared Congress's concern "over letting the civil society gain the upper hand over Parliament in lawmaking". The confederation opposed Hazare's proposed bill saying that it will be above the constitution and that proposers of the bill have support from elements who oppose reservation.
According to Pratap Bhanu Mehta, President of the Center for Policy Research Delhi the bill "is premised on an institutional imagination that is at best naive; at worst subversive of representative democracy". The very concept of a Lokpal concept has received criticism from HRD minister Kapil Sibal in that it will lack accountability be oppressive and undemocratic.
The proposed bill also lists clear provisions for the Supreme Court to abolish the Lokpal. Despite these clarifications, critics feel that the exact judicial powers of Lokpal are rather unclear in comparison with its investigative powers. The critics express concern that, without judicial review, Lokpal could potentially become an extra-constitutional body with investigative and judicial powers whose decisions cannot be reviewed in regular courts.
SCOPE:The matter of whether the Indian Prime Minister and higher judiciary should or should not be prosecutable by the Lokpal remains as one of the major issues of dispute. Anna's own nominee for co-chairing the joint panel Justice Verma, the former Chief Justice of the Supreme Court, has expressed his constitutional objections for including the Prime Minister and higher judiciary under Lokpal.
The chairperson or member can be removed from his office by President on grounds of misbehaviour after a Presidential reference to Supreme Court on a petition signed by MPs. If the Lokpal concludes that the allegation is false and the inquiry should be dismissed, the records of the inquiry shall not be published or made available to anyone.
But after so many years, it's seen by many as a start and obviously will be improved with experience and implementation. The Lokpal Bill is just another legislation which will remain on paper only. Laws are effective only if they are well-formulated and effectively implemented. There is no doubt that this bill is not required. Noted thinkers like Amartya Sen have even criticized this bill for its illframed clauses. We need more advanced and well structured legislation for ending the menace of corruption.
These conditions were considered by team Anna as restrictive and against the fundamental constitutional rights and they decided to defy the conditions.
Delhi Police imposed sec CrPC. Senior officers of Delhi Police reached Anna Hazare's flat early in the morning and informed him that he could not leave his home.
However, Hazare turned down the request following which he was detained. Anna in his recorded address to the nation before his arrest asked his supporters not to stop the agitation and urged the protesters to remain peaceful.
The team especially cited the results from the Chandni Chowk constituency, the constituency of then Telecom Minister Kapil Sibal, who is a vehement voice for the government's version of the bill. Post the massive support to Anna Hazare's movement, several of the MPs across party lines have come out in support to the Jan Lokpal Bill. This support started coming as over MPs and Ministers from different states were forced to remain confined to their houses as Anna supporters protested outside their houses.
As per the reports, Anna Hazare's fast was successful in mobilising the support of thousands in the virtual world of social media. On Independence Day, Anna had over , mentions through status updates and comments across top social networking sites, including Facebook and Twitter in the country.
JAN LOKPAL BILL VS LOKPAL: A STUDY IN CONTRAST
Jurisdiction, Powers and Functions of the Proposed Lokpal. A Quick Comparison. Even as the Joint Committee set up by the Government of India prepares itself for drafting a Bill to establish the institution of the Lokpal Ombudsperson cum Anti-Corruption Agency in India, as a preparatory step towards public debate it is important to examine the contents of the draft Bills currently available in the public domain. This brief note compares the jurisdiction, powers and functions of the Lokpal as envisaged in the draft Bills prepared by the Government of India and civil society actors. The draft Jan Lokpal Bill version 2. This comparative picture is prepared with the objective of encouraging informed debate on this important subject.
The following table compares the lok pal bill drafted by. The chairperson of the drafting committee responded with alacrity, sensing an opportunity to let the government have its way by. It is a new anticorruption bill which creates an independent commission which has the power to prosecute politicians and bureaucrats without the permission of the government. Just learn from below easy guide on how to add draft watermark to pdf files. What is the jan lokpal bill, why its important ndtv. Suppose some citizen files a complaint to lokpal against some corrupt government servant. Four of the judicial members have been former chief justices of different high courts and the four nonjudicial members have been from all india servicescentral services.
Jan lokpal draft pdf file
Judicial Members . Non-judicial Members . The Lokpal has jurisdiction over central government to inquire into allegations of corruption against its public functionaries and for matters connected to corruption.
Answer: A big NO. Lokpal is an investigative body which can only investigate, access material information and frame charges which indicts a person, whether that indictment is correct or incorrect, ultimately falls under the domain of the Judicial Branch of the Government. So, as far as convictions putting corrupt people in jail are concerned, unless Judicial Reforms are implemented the outcome of JanLokpal leaves much left to be desired. This Lokayukta decision, is now pending before the High Court for conviction proceedings. Santosh Hegde incidentally is one of the drafters of JanLokpal Bill version.
А теперь выходи. Но Мидж эта ситуация явно доставляла удовольствие. Она подошла к окну, вертя бумагу перед глазами, чтобы найти лучший угол для падения лунного света. - Мидж… пошли. Это личный кабинет директора. - Это где-то здесь, - пробормотала она, вглядываясь в текст.