Lokpal vs Jan Lokpal

Key differences between the proposed Jan Lokpal Bill of 2011 and the current Lokpal bill passed by Parliament.

BySomi Das
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Lokpal vs Jan Lokpal
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Issues Details Of The Government Bill (Lokpal And Lokayuktas Bill,2011)What the Jan Lokpal Bill proposed/demanded
1.Whistle Blower ProtectionNo whistleblower provision.The “Whistleblower” is defined as any person who faces threat of physical harm or professional harm like illegitimate transfers, denial of promotions, denial of appropriate perks, departmental proceedings, discrimination  or is actually subjected to harm for making a complaint to Lokpal under this Act or for filing an application under Right toInformation Act. The Lokpal has the power to take necessary action to provide protection to a whistleblower as per various provisions of this Act.
2.LokayuktaA body called “Lokayukta” will be established in everyState through the enactment of a law by the State legislatures within a period of 365 days from the date of commencement of this Act.States to have absolute freedom in determining the nature and type of the institution of Lokayukta.The Jan Lokpal bill sought to create a Lokayukta along the same lines as the one at the Centre.
3.Punishment for false or frivolous complaints

Clause 46 of the Bill provides for a punishment with imprisonment for a term which may extend to one year and with a fine which may extend to Rs1 lakh in case a complaint is found to be false and frivolous or vexatious.Fines on complainants but no imprisonment. Lokpal would decide whether a complaint is frivolous or vexatious or false.
4.Jurisdiction of the LokpalJurisdiction of Lokpal to include Prime Minister, Ministers, Members of Parliament, Groups A, B, C and D officers and officials of Central Government. Any decision of Lokpal to initiate preliminary inquiry or investigation against the Prime Minister shall be taken only by the Full Bench with a “2/3rdmajority”. Judiciary not to be brought under the Lokpal.All Public Servants as defined in the Prevention of Corruption Act and the Jan Lokpal bill will fall under the Lokpal’s ambit. However, for high functionaries like the PM, Members of the Council of Ministers, sitting judges of the Supreme Court and High Court, any Member of the Parliament- approval of the seven member bench of Lokpal is required.
5.CBIThe CBI shall have a separate Directorate of Prosecution under a Director, who shall function under Director of CBI.The Director of CBI shall be the head of the entire Organisation.

Director of CBI will be appointed by a collegium comprising of the Prime Minister, Leader of Opposition in Lok Sabha and Chief Justice of India.

Director of Prosecution will be appointed on the recommendation of the CVC.

Director of Prosecution and Director of CBI shall have a fixed term of two years.

Power of superintendence and direction of the CBI in relation to Lokpal referred cases must vest with the Lokpal.

Officers of CBI investigating cases referred by Lokpal will be transferred with the approval of Lokpal.

 

Merger of anti-corruption branch of CBI into Lokpal- the Central Government shall cease to have any control over the transferred part.
6.Citizen’s CharterNo mention of Citizen’s Charter.Each public authority shall be responsible for ensuring the preparation and implementation of Citizen’s Charter, within a reasonable time, and not exceeding one year from this Act coming into force.Each Citizen’s Charter shall enumerate the commitments of the respective public authority to the citizens, officer responsible for meeting each such commitment and the time limit within which the commitment shall be met.

Each public authority shall designate an official called Public Grievance Redressal Officer, whom a complainant should approach for any violation of the Citizen’s Charter.

It shall be the duty of the Grievance Redressal Officer to get the grievance redressed within a period of 30 days from the receipt of the complaint.

In the event of even the Grievance Redressal Officer not getting the grievance redressed within the specific period of 30 days a complaint could be made to the Lokpal.

The Lokpal after hearing the Grievance Redressal Officer would impose suitable penalty not exceeding Rs 500/- for each day’s delay but not exceeding Rs 50,000/- to be recovered from the salaries of the Grievance Redressal Officer.

Apart from levying the penalty on the Grievance Redressal Officer, the Lokpal may also in suitable cases recommend to the appropriate authority to have departmental punishment imposed on the Grievance Redressal Officer.

7.Appointment of the LokpalThe Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of (a) the Prime Minister -chairperson;(b) the Speaker of the House of the People – member;(c) the Leader of Opposition in the House of the People -member;(d) the Chief Justice of India or a Judge of the Supreme Court nominated by him – member; (e) one eminent jurist nominated by the President as recommended by the chairperson and members referred to in clauses (a) to (d).The Chairperson and members shall be appointed by the President on the recommendation of a seven-member committee, consisting of two Supreme Court judges,  two High Court judges, one nominee of Comptroller And Auditor General,Central Vigilance Commissioner,Central Election Commissioner, Prime Minister and Leader of Opposition.
8.Removal of Lokpal or any member of the Lokpal benchThe Chairperson or any Member shall be removed from his office by order of the President on grounds of misbehaviour after the Supreme Court, on a reference being made to it by the President on a petition signed by at least one hundred Members of Parliament.Any person may move an application/petition before the Supreme Court seeking removal of one or more of the members of Chairperson of Lokpal alleging one or more of the grounds for removal and providing evidence for the same.

Sources:

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