Wednesday, August 24, 2011

Jan lokpal Bill - Comman men bill to fought with corruption

Hi, i am posting key point of jan lokpal bill so we can understand what exactly it is

Indian Economy 44 Comment Share145 Buzz ShareThis The Jan LokPal Bill is supposed to be the answer to India’s massive endemic corruption which strikes daily in the form of a new scam or scandal.The government has proven to be woefully inadequate in taking on the corrupt politicians,bureaucrats and businessmen.This corrupt nexus has been repeatedly exposed and its structure exposed through the Nira Radia Tapes.The Indian administration has shamefully failed to take action only promising to do something without doing anything worthwhile.The Indian Judiciary has also castigated the government numerous times for its abject failure in the 2G Telecom Scam,Black Money Scandal etc.However the government instead of strengthening anti-corruption measures has only put obstacles in the way.Its no wonder when the committee meant to look after the Bill comprises of ministers tainted with a number of scams themselves.Anna Hazare has held a fast unto death to put pressure on the government to pass the draft bill but the Minister appear unconcerned.Here is a short summary and guide to the main points of the Jan LokPal Bill which IMHO deserves the support of the whole Indian civil society. What is the Jan Lok Pal Bill - The bill has been drafted by eminent members of the civil society like Prashant Bhusan,Kiran Bedi,Lyngdoh and other. The bill proposes institution of the office of Lokpal at the federal level and Lok Akyukta at sthe tate level. Jan Lokpal Bill is designed to create an effective anti-corruption and grievance redressal systems at centre and to assure that effective deterrent is created against corruption and to provide effective protection to whistleblowers.This has been done after the government of India has failed to pass the Lokpal Bill for 42 years reflecting the systemic corruption as the members of the legislature don’t want their powers to be curbed and their actions made accountable.

Main Points

1) There shall be an institution known as Lokpal which shall consist of one Chairperson and ten members along with its officers and employees. The Lokpal shall be headed by its Chairperson.The Government will appoint the members of the Lokpal though Chairperson and members of Lokpal shall not be serving or former member of either the Parliament or the Legislature of any State and shall not hold any office or trust of profit

2) Funding - There shall be a separate fund by the name of “Lokpal fund” in which penalties/fines imposed by the Lokpal shall be deposited and in which 10% of the loss of Public Money detected/prevented on account of investigations by Lokpal shall also be deposited by the Government. The administrative expenses of the office of the Lokpal including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of India.

3) Appointment of the Lokpal A selection committee consisting of the following shall be set up which will have reprsentatives from the government,judiciary and civil socieity.The members shall have unimpeachable integrity with 4 members from the legal background.

4) Powers of Lokpal - a) Initiate prosecution against public servants as well as those private entities b) Order cancellation or modification of a license or lease or permission or contract c) Blacklist the concerned firm or company or contractor d)Take necessary action to provide protection to a whistleblower e) Suo moto initiate appropriate action under this Act f) Power to Issue Search Warrants g) For the purpose of any such investigation (including the preliminary inquiry) the Lokpal shall have all the powers of a civil court h) Lokpal to be a deemed police officer i) , Lokpal may decide to impose a fine on the officials responsible for the non-compliance of its orders. j) Assess Number of Special Judges for Corruption in an Area k) Power to issue Letter of Rogatory

5) Functioning of Lokpal – Lokpal shall function in benches of three or more members.Chairperson shall be responsible for overall administration and supervision of the institution of Lokpal.

6) Punishments for offences: For offences mentioned in Chapter III of Prevention of Corruption Act, punishment shall not be less than five years which may extend upto life imprisonment. Provided that if the accused is any officer of the rank of Joint Secretary in the state or above or a Minister, the punishment shall not be less than ten years Summary The Jan LokPal is a stringent law against corruption and will to strict and hard punishment for corruption doers while protecting whistle-blowers.This Law will be opposed tooth and nail by the executive and the legislature as it meant to punish wrong doers amongst them mainly.Note these 2 arms of the government are endangering Indian democracy with their flagrant violations of the law and massive corruption which has undermined the confidence of the Indian state amongst its citizens.I don’t see much hope that this Law will get passed but it deserves the support of every responsible citizen.

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