Comparison of Government’s Lokpal Bill with Civil Society’s Lokpal Bill

Comparison of Government’s Lokpal Bill with Civil Society’s Lokpal Bill
S No
Government’s proposal
Civil Society proposal
1.
Lokpal will not have any power to either initiate action suo motu in any case or even receive complaints of corruption from general public. The general public will make complaints to the speaker of Lok Sabha or chairperson of Rajya Sabha. Only those complaints forwarded by Speaker of Lok Sabha/ Chairperson of Rajya Sabha to Lokpal would be investigated by Lokpal. This not only severely restricts the functioning of Lokpal, it also provides a tool in the hands of the ruling party to have only those cases referred to Lokpal which pertain to political opponents (since speaker is always from the ruling party). It will also provide a tool in the hands of the ruling party to protect its own politicians.
Lokpal will have powers to initiate investigations suo moto in any case and also to directly entertain complaints from the public. It will not need reference or permission from anyone to initiate investigation into any case.
2
Lokpal has been proposed to be an advisory body. Lokpal, after enquiry in any case, will forward its report to the competent authority. The competent authority will have final powers to decide whether to take action on Lokpal’s report or not. In the case of cabinet ministers, the competent authority is Prime Minister. In the case of PM and MPs the competent authority is Lok Sabha or Rajya Sabha, as the case may be. In the coalition era when the government of the day depends upon the support of its political partners, it will be impossible for the PM to act against any of his cabinet ministers on the basis of Lokpal’s report. For instance, if there were such a Lokpal today and if Lokpal made a recommendation to the PM to prosecute A. Raja, obviously the PM will not have the political courage to initiate prosecution against A. Raja. Likewise, if Lokpal made a report against the PM or any MP of the ruling party, will the house ever pass a resolution to prosecute the PM or the ruling party MP? Obviously, they will never do that.
Lokpal is not an advisory body. It will have the powers to initiate prosecution against any one after completion of investigations in any case. It will also have powers to order disciplinary proceedings against any government servant.
3
The bill is legally unsound. Lokpal has not
Lokpal would have police powers. It will be able
been given police powers. Therefore Lokpal
cannot register an FIR. Therefore all the
enquiries conducted by Lokpal will
tantamount to “preliminary enquiries”. Even
if the report of Lokpal is accepted, who will
file the chargesheet in the court? Who will
initiate prosecution? Who will appoint the
prosecution lawyer? The entire bill is silent
on that.
to register FIR, proceed with criminal
investigations and launch prosecution.
4 The bill does not say what will be the role of
CBI after this bill. Can CBI and Lokpal
investigate the same case or CBI will lose its
powers to investigate politicians? If the latter
is true, then this bill is meant to completely
insulate politicians from any investigations
whatsoever which are possible today through
CBI.
That part of CBI, which deals with cases of
corruption, will be merged into Lokpal so that
there is just one effective and independent
body to take action against corruption.
5 There is a strong punishment for “frivolous”
complaints. If any complaint is found to be
false and frivolous, Lokpal will have the
power to send the complainant to jail
through summary trial but if the complaint
were found to be true, the Lokpal will not
have the power to send the corrupt
politicians to jail! So the bill appears to be
meant to browbeat, threaten and discourage
those fighting against corruption.
Deterrence has been provided against frivolous
complaints in the form of financial penalties
against the complainant, however, Lokayukta is
empowered to prosecute the corrupt and take
disciplinary action against them.
6 Lokpal will have jurisdiction only on MPs,
ministers and PM. It will not have jurisdiction
over officers. The officers and politicians do
not indulge in corruption separately. In any
case of corruption, there is always an
involvement of both of them. So according to
government’s proposal, every case would
need to be investigated by both CVC and
Lokpal. So now, in each case, CVC will look
into the role of bureaucrats while Lokpal will
look into the role of politicians. Obviously the
case records will be with one agency and the
way government functions it will not share its
records with the other agency. It is also
possible that in the same case the two
agencies arrive at completely opposite
conclusions. Therefore it appears to be a sure
way of killing any case.
Lokpal will have jurisdiction over politicians,
officials and judges. CVC and the entire
vigilance machinery of government will be
merged into Lokpal.
7 Lokpal will consist of three members, all of
them being retired judges. There is no reason
why the choice should be restricted to
Lokpal would have ten members and one
Chairperson. Out of them four need to have
legal background (they need not be judges).
judiciary. By creating so many post retirement posts for judges, the government will make the retiring judges vulnerable to government influences just before retirement as is already happening in the case of retiring bureaucrats. The retiring judges, in the hope of getting post retirement employment would do the bidding of the government in their last few years.
Others could be from any background.
8
The selection committee consists of Vice President, PM, Leaders of both houses, Leaders of opposition in both houses, Law Minister and Home minister. Barring Vice President, all of them are politicians whose corruption Lokpal is supposed to investigate. So there is a direct conflict of interest. Also selection committee is heavily loaded in favor of the ruling party. Effectively ruling party will make the final selections. And obviously ruling party will never appoint strong and effective Lokpal.
Selection committee consists of members from judicial background, Chief Election Commissioner, Comptroller and Auditor General of India and international awardees (like Nobel prize winners and Magsaysay awardees of Indian origin). A detailed transparent and participatory selection process has been prescribed.
9
Lokpal will not have powers to investigate any case against PM, which deals with foreign affairs, security and defence. This means that corruption in defence deals will be out of any scrutiny whatsoever. It will become impossible to investigate into any Bofors in future.
There is no such bar on Lokpal’s powers.
10
Whereas a time limit of six months to one year has been prescribed for Lokpal to enquire, however, subsequently, there is no time limit prescribed for completion of trial.
Investigations should be completed within one year. Trial should get over within the next one year.
11
It does not deal with corruption of Bureaucrats. Corrupt bureaucrats continue in their job without any actions against them.
Lokpal will have power to direct disciplinary action, including dismissal of a corrupt officer from job.
12
It does not talk of investigation of complaints against judges
Lokpal will have powers to initiate investigations on complaints of corruption against judges.
13
Speaker would decide which complaints shall be enquired into by Lokpal.
Lokpal will not be able to dismiss any complaint from public without hearing the complainant.
14
Our entire governance system suffers from inadequate public grievance redressal systems, which force people to pay bribes. Lokpal bill does not address this issue.
Lokpal will have the powers to orders redressal in a time bound manner. It will have powers to impose financial penalties on guilty officers, which would be paid to complainant as compensation.
15
Large number of people raising their voice against political corruption are being
Lokpal will have powers to provide protection against physical and professional victimization
murdered. Lokpal does not have any powers to provide protection to them.
of whistleblowers.
16
Nothing has been provided in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.
Loss caused to the government due to corruption will be recovered from all accused.
17
Under the present law, there is Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.
Enhanced punishment - The punishment would be minimum 5 years and maximum of life imprisonment.