Jan lokpal bill 2011 The article describes the various salient features of Jan lokpal bill of Anna Hazare. It also states the corruption in India and the need for anti-corruption laws. It also tells the news and updates on the lokpal bill and how the Jan lokpal bill differs from the government lokpal bill. Why is there a need for anti-corruption laws? All of us are aware of the fact that the country, whom we love so much has been in the clutches and the diabolical jaws of the virus, called corruption. Corruption in India is the main cause of its every failure.
Every developmental project and the defense requirements are being overshadowed by the corrupt officials. Even the very magistrates who are believed to be the axis of the law are corrupted to such an extent that millions of cases are pending for the last few days. I have listed some of the areas where India heads in the field of corruption: • Medicines and health care: In many of the hospitals, the doctors and the nurses who are accorded a place next to God play with the health and the life of the patients by supplying them fake medicines and drugs.
There are various cases in which the important and vital organs like the kidney, liver, cornea of the eye are extracted from the patient’s body even before his death and that also, without proper permit from the law or the family members. • Black money: India currently ranks first in the amount of black money with an overwhelming sum of US$1450 in the Swiss bank. Some days ago, there was a news that stated that the former minister of Haryana has spent 250 crore of rupees in the marriage of his daughter. The total amount of black money in Indian economy exceeds the total combined black money of the world.
This black money comes from evading taxes, embezzlement of stocks and accounting information, bribes etc. • Scams after scams: Everyday, in the news we get to hear about various scams in India in different sectors of our economy, be it the Satyam company scam, Commonwealth scam, Scam by A. Raja or any other. Even after solid proves against the guilty, they were not executed for a number of years. There are a number of loopholes in our judiciary system that makes it compulsory for us to think of certain reforms. • Transport sector: I don’t think that I need to amplify on this topic any further.
We ourselves are a part of this allegation that is imposed on our country. The traffic constables do not pay any heed to the need of traffic management, resulting in traffic jams and accidents. They do not cut a bill for the fine imposed but leave the guilty by taking a small amount of Rs. 50 as bribe. Even the road contractors do not complete their job in time that increases the expenditure for the government. • Profiteering :Many businessman try to take away the rights of the consumers. they hoard the goods in their warehouses so as to create an artificial shortage of the commodities in the market. t raises the price of those commodities which are then released into the market. Tons of grains have been reported to spoil and decay in the godowns. Definitely, the ministers help the traders in this task to earn certain commission. The Supreme court of India, later on , declared that this grains and cereals should be distributed among the poor fro free instead of decaying them. • Armed forces: In the armed forces, lieutenants and senior officers have been accused of selling the arms and weapons to the foreign nations without proper license. they generally sell their bullets and acquire from the government.
The latest Adarsh Society land scam have proved this fact further. Corruption among the police forces is the most common where bribery and slavery of the ministers is most common. Criticisms against the present anti-corruption system in India The Prevention of Corruption act was passes in the year, 1947 after which a Central Vigilance Commission was set up in 1964 that looked after the civil aspects of the corrupt officials. The Central Bureau of Investigation was set up in that year that was empowered to deal with the criminal aspects of the corruption.
However, there has been several criticisms against the government’s decisions and actions against corruption. Some of the deficiencies in the present anti-corruption system of India are as follows: Deficiency in the Central Vigilance commission • The Central Vigilance commission was accorded the duty of dealing with the disciplinary standards of the country. However, it does not have the adequate resource and capital required to complete its task. Its present work force is about less than 200 but it is supposed to check corruptions in ore than 2000 departments related to the central and the state government. Moreover, a small amount of salary is paid to the working staff of the commission that acts as an disincentive to work. • It is merely an advisory body as it does not have the power to enforce its final decision on the government. Central Vigilance Commission’s advice is not binding on the government. it is free to hear or reject those suggestions. • Even after hearing the case, it cannot order CBI branch of corruption to execute the case under its discretion.
It has to seek the permission of the department whose officials are involved in the case. It is a very vague concept as none of the party members shall permit the further hearing of the case that either results in its cancellation or unrequited delay. • Since CVI is appointed by the law of the government, its members and the other committees are appointed by the government consisting of the ruling party ad the leader of the largest opposition party. But he can rarely influence the decision of the members of the ruling party.
There is no criteria for the selection and appointment of the members. Demerits of the corruption branch of CBI • Since there are lakh of cases of murder, accidents, disputed relating to the land and property, CBI hardly has any time to deal with corruption. It is overburdened with work. • Since CBI is directly under the administrative and political control of the government and it functions in the same way as any other department of the government, there is an increasing rumor that its dealings are not fair. • It only hears those cases where the amount of the dispute exceeds Rs. crore. Salient features of the Jan Lokpal bill • Anti-corruption institutions at the center called the Lokpal and at the state called the Lokayukta will be established as soon as possible. • The two institutions formed at the center and at the state level respectively shall work independently under their own bylaws and principles just like the judiciary system of our country. • The whole case shall last only for two years under which the case should be heard and recorded within first year and the trial or the execution should be completed within one more year of time.
This shall ensure prompt action against the corrupt officials. • How shall the Lokpal bill help the common people of India: If any one approaches the Lokayaukta, it shall have to record the case within one month if it is the case of a delay in the proceedings of the government like delay in the issue of voter cards, ration card etc. and within one year if the case alleges a government official for bribery or police force. Thus, the common people will have a voice in the hearing of the case and he shall receive what is his due. Any loss caused to the economy of the country like the movement of the black money outside the nation etc. shall be compensated by the property and cash of the accused. • Since the officials of the committee shall be elected and nominated by the eminent judges of the supreme court and other public servants, there shall be no scope for any corruption. The working of the committee shall be completely transparent in nature where the full co-operation from the common masses shall be secured. If in the rarest of the rare cases, the members of the proposed committee becomes corrupt, they shall be dismissed within two months of time period. • Many a times, there has been the murder and kidnapping of the whistle blowers. Under this system, they shall be provided with the security of the police force so that they can warn the committee timely of corrupt cases and leak their inner gruesome plans. • Finally, the existing anti-corruption institutions such as CVC, CBI etc. shall be merged into the Lokpal who can then function independently without the interference from the bureaucrats.
How will the Lokpal bill work? • Under the existing system of anti-corruption laws, there are rare possibilities of a minister or a public servant to go to jail or be prosecuted as the CBI and CVC directly comes under the government. But, the Lokpal bill will work independently without the permission form any government department. they shall have to complete the proceedings within one year and by the next year the corrupt shall go to prison or his property confiscated for the sake of compensating the loss caused to the country. When a citizen registers the case against any public servant regarding the bribery or any other allegations, he is never dismissed from the job. After months of time lapse, the case is registered and the advice is sought from the CVC but it is not implemented. The new Lokpal bill proposes to merge the two commissions so that the citizen can be ever justified. • The Chief Justice of India cannot be prosecuted without the permission from other judges of the supreme court and vice-versa. The impeachment motion starts for the dismissal of the judges but without success.
The new committee shall have the authority to sue them without any permission from other judges. • As per the existing laws, the property of the accused is not confiscated even after being sent to jail. With the help of the top lawyers of the country, he is able to get out of the jail within a short span of time and spend that money extravagantly. But the Lokpal and Lokayukta shall ensure that their property is confiscated and they are not able to get out of the jail until the completion of the term. • If you have seen the movie, ” Munnabhai”, you shall know how difficult is it to collect the pensions from the government offices.
They ask for bribes and harass you in every way they can. But the Lokpal and Lokayukta shall ensure that an amount of rs. 250 is deducted from the salary of the corrupt official if that person registers a case against him. Not only that, the amount is on per day basis which shall be awarded to the person craving for his pension. • There is a provision for prolonging the punishment of the corrupt official to a minimum of five years and longer as against seven months to five years that have been in practice in the last few decades.
It shall ensure that none of the officials dare to go against the norms and the regulations of the country. • There is too much of corruption within the CVC and CBI department as they keep their workings secret and latent from the public saying that it shall hinder their investigations. But the working of the Lokpal and Lokayukta shall be completely transparent that shall act as a curb on the corruption within the committee. Drafting members of the Lokpal bill The Lokpal bill has been drafted by the following five members: • Shanti Bhushan – senior lawyer and former law minister Kiran Bedi – former IPS Officer of Delhi • Justice N. Santosh Hegde • Prashant Bhushan – eminent lawyer • J. M. Lyngdoh – chief of the election commission(former) • Shanti Bhushan – father of Prashant Bushan and an eminent lawyer. Anna Hazare and Jan lokpal bill Anna Hazare is well known activist whose greatest work has been for the village, Ralegaon Siddhi which he worked hard and changed to a model village. He removed untouchable,drought and poverty conditions , spread education, establishment of a water harvesting system etc.
On 5th April, 2011, he went onto “fast until death” till all his demands were met by the government regarding the removal of the corruption from the country. He began his movement at Jantar Mantar, New Delhi where 150 more people joined him in his fast. As he was completely against corruption, he did not allow any of the minister to visit him that did earned him a good amount of criticisms as all the ministers are not corrupt. Thus, when the ministers like Om Prakash Chautala, the former minister of Haryana state, tried to visit him, they were driven away by his benefactors.
Hazare was supported by former IPS officer, Kiran Bedi, Madha Patekar and Jayaprakash Narayan in his fight against corruption. The internet activists supported him by registering themselves with Indiaagainstcorruption. Due to repeated allegations, Sharad Powar, agricultural minister resigned from the committee formed to review the Lokpal Bill. His efforts bore fruits on 8th April when, finally the Government of India agreed to all the five conditions of Anna Hazare. On 9th April, they sent a Gazette notifying him about their decisions.
It was the third Diwali that the citizens of India celebrated after the consecutive win of Indian cricket team in World cup, 2011 with Pakistan and Srilanka in the final. The entire nation celebrated this movement with the crackers and the colors. It was the victory of the entire nation. Anna Hazare broke his fast by drinking lemon juice from the hands of the small girl and himself offered the juice to all his supporters. He set a deadline for the government to pass the bill till the Independence day of India.
It was definitely a victory of our constitution and democracy. In the words of Anna Hazare,”Real fight begins now. We have a lot of struggle ahead of us in drafting the new legislation, We have shown the world in just five days that we are united for the cause of the nation. The youth power in this movement is a sign of hope.. Truly, the real fight has begun now when the government has shown some responsibility towards anti-corruption laws and regulations. The movement was a huge success in the major cities of India like Mumbai, Kolkata, Chennai, Ahmadabad etc.
He threatened to launch a second mass agitation and prising if the bill was not passed on the deadline day. It was proposed that a Joint committee for Lokpal bill will be formed, consisting of five representatives from the government and five from the civil society. Anna Hazare’s demands to the government • Anna Hazare demanded the government to draft the Lokpal bill as soon as possible. Later on, Anna set a deadline for the government to discuss the bill in its monsoon session and pass it before 15th August. If it is so, we can celebrate the two victories of our country on that date. No such minister will be included in the committee who has earlier been accused or suspected of indulging in corrupt activities such as black money, invading tax, non-performance of the duties assigned to him etc. • A committee of ten members should be appointed by the government who has five members from the side of the government and the civil society. • The committee shall have the chairperson and his co-chairperson to draft the Lokpal bill. The co-chairperson must be from the side of the public and he should have an equal say in th drafting of the Lokpal bill.
Representatives of Joint committee from the government side • Pranab Mukherjee, the finance minister of India. He shall be the chairperson. • P. Chidambaram, the home minister. • Kapil Sibbal, the telecom and communication minister. • Salman Kurshid, the minister of water resources and other minor affairs. • Verrappa Moily, the minister of law and justice. Representatives of the civil society for the joint committee of Lokpal bill • Shanti Bushan, the co-chairman. • N. Santosh Hedge. • Prasanth Bushan. • Arvind Kejriwal. • Last but not the least, Anna Hazare.
Issues with the joint committee and Jan lokpal bill • Then yoga guru, Baba Ramdev raised the criticisms that it was wrong to include both the father and son, Prasanth Bushan and Shanti Bushan in the committee. He requested Anna Hazare to consider the same but his request was not granted saying that both are good lawyers and can frame the principles of the bill in a fair and accurate manner. • Many people are of the opinion that Kiran Bedi, the former IPS officer must have been included in the committee, specially when she played such a major role in the drafting of the Lokpal bill.
It is wrong to do away with her expertise in the field of law. • Since, the Supreme court is the highest or the apex institution in the judicial system of our country, it reserves the right to dissolve it if it is found with illegal actions and hearings. • The concept of the Lokpal and Lokayukta being completely free from the clutches of the government is very vague and absurd. The proceedings of the two shall require a huge capital and finance which can be contributed by government funds alone and not the charity and donations.
The salary of the officials and other expenses will be too high to be born by the general public. Solutions to eliminate corruption from the nation • The existing laws should be enforced and the new laws should be framed considering the new tactics and plans that the corrupt officers and ministers adopt to cheat the nation. • Elimination of corruption desires full and active participation from the public. We should report any corruption that we witness to the courts and the police fearlessly. The recent uprising for the Lokpal bill has further proven that the government has to bow down before the people if they desire so.
Even the uprising in Egypt led to the total collapse of the government that has been ruling for 28 years. • We should exercise our voting rights carefully. We should vote to only deserving candidates checking his past records, his knowledge on politics, his educational background, his past efforts for the welfare of the country etc. We must not be influenced by the mere provoking and incentives given by the ministers prior to the election. • The consumers must be aware of his rights and duties. He should report any kind of adulteration and malicious acts that he notices.
He should exercise his rights to boycott the shopkeeper and report their grievances in the appropriate forums. For more information on your rights and duties visit: Consumer education:their right and duties. • It is also important that we achieve success by right and proper means on the basis of our merit and qualifications and not by improper means and ways. We must not pay bribes to any officers even if that is necessary for the completion of our project or as a matter of fact,our admission to any institution.
The donations and capital fees paid to the institutions is also wrong. • We must pay our income tax on time without any cheating. We must maintain proper documents and should not buy anything from the black market. The amount that we pay is spent fro our own benefits and in the development of our country. • The media should not unnecessarily undermine our country and criticizes the government fro every little thing. They should be positive in their outlook. Criticizing the government reduces th morality of our ministers and prompts them to take wrong actions.