DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW
2014-2015

ADMINISTRATIVE LAW

PROJECT on

Jan Lokpal Bill and Lokpal

SUBMITTED TO: SUBMITTED BY:

Mr. Mahendra Paswan Ayush Rahi
Assistant Professor (Law) Section-A
Dr. RMLNLU Roll No.42
B.A.LLB (hons.)

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 Table of Contents

Jan Lokpal Bill:-

1. Introduction:-
2. History:-
3. The birth of jan lokpal from lokpal bill:-
4. Who will appoint Lokpal chairperson and members?
5. Salient features of the Jan Lokpal bill:-
6. How shall the Lokpal bill help the common people of India?
7. Anna Hazare and Jan Lokpal bill:-
8. Jan Lokpal bill drafted by Shri Anna Hazare follow a selection committee
consisting of the following shall be set up:-

Lokpal:-
1. Introduction:-
2. History:-
3. Lokpal: The ultimate solution:-
4. Features of the Lokpal against corruption:-
5. India's first ever Lokpal Committee:-
6. Members of the 2011 Lokpal committee:-

Lokpal: India's new future (Conclusion):-

Bibliography:-

Introduction:-

Jan Lokpal Bill

A Small Introduction that why we need Jan Lokpal Bill:-

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This is the era of corruption. Every month is bringing a new scam. There is no
end to scams as there is no end to greediness of politicians. Our forefathers who
have given the great legacy of simplicity are left by new generations. In previous
ages, politicians have worked for welfare of people and thought that good name
is the wealth to man. But, new era politicians have changed the meaning of it
and begun to proclaim that whoever has the heaviest baggage of money is
considered the best politician. In every election process, money is spent and
after having success in three months time and sitting in chair and earning the
utmost and filling the pockets in order to spend it in next elections and securing
the chair and after wards to provide it to his son and next to his grandson. The
politics became mob politics and family politics. Our youth are debarred from
political process and there is no way to become part of democratic process. Our
youth are spending whole time in searching for jobs and completely ignoring the
democratic life. Politicians happily employ the tactics provided by political book
"The Prince" in which, the tactics to control the whole life of people are written. If
people are given enough food through employment, they will start questioning
the governments and so if they are kept on insecure stage where government
provides food, there is no need to bother about anything as they can do enough
corruption and can live happily for ages without any loss. This is what every time
happening in the world. But the time has come to question. People of Egypt,
Libya and Tunisia are revolting against autocracies. In the same time there is a
change at the door steps of India i.e. Jan Lokpal bill.

History:-

As Lokpal had its birth in first Administrative Reforms Commission report and
later changed to a bill to be placed in Parliament. In 1968, the Lokpal bill had
been introduced, but it had not come into effect. Every government in India had
tried to bring the Lokpal bill and had not succeeded because of some reason:-

Failure of all governments to bring the Lokpal Bill:-

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 Congress government headed by Indira Gandhi had initiated the process
to make the Lokpal bill into law twice in 1968 and 1971. These two times,
Lok Sabha had met with dissolution. After, under the leadership of Rajiv
Gandhi, the process had been started, but the past experience was
repeated and Lok Sabha dissolution had made the bill fall into dust bin.
There were two fresh attempts by Congress in 2005 and 2008. Congress
had proposed the bill 4 times until now and it is getting ready to start the
procedure again.

After Janta government had come into power, in 1977, it had taken the
task of bringing the bill into law had not been fructified as government
could not stabilize itself.

In 1989, V.P Singh led National Front Government, in 1996 Deve Gowda led
United Front government, In 1998 BJP led coalition government under the
leadership of A.B.Vajpayee and in 2001 Vajpayee led NDA governments
had tried and successfully could not bring the law regarding the Lokpal.

This is not the failure of one government but this is the failure of total
governments which ruled India for the period of 43 years to serve their purposes
and keeping a blanket on the bill to hide it from people. There are 11
unsuccessful attempts in 43 years of time to bring a law which curbs corruption
at top stages.

Reasons for government failures to bring Lokpal:-

It is suicidal act on the part of governments to bring the Lokpal bill. Even
opposition does not want to bring this bill into the Parliament.

There is chance of arresting the Prime minister after his retirement also
even he escapes in his ruling time. Even the secretaries and high cadres
which are enjoying immunity fall under this law.

It is known fact that higher rank politicians also engage in unconstitutional

doings and it is known to opposition too, but untold agreement between
them saves each other. But, now, with the advent of Lokpal, people can
report against Prime minister directly. Hence this is not going to be a good
sign on the part of governments.

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 Last but not least, the death of first generation freedom fighters who
turned into politicians had been taken into the nature (pass away) is also
one of the reasons.

These are the reasons which have made governments not to present the Lokpal
bill into Parliament. Every time they had attenuated the real bill and placed it
before Parliament. Even though it was not passed as a bill, they had guessed
that one day or the other this bill would be the sword of the Damocles.

The UPA government had promised at the time of elections that it would bring
Lokpal bill. The intention of UPA government was to place attenuated bill in the
Parliament and to be in safe zone for the time being.

The main provisions of Lokpal bill (2010)

This bill ensures the establishment of Lokpal which can investigate the
charges of corruption against top public functionaries.

The Lokpal consists of chairperson who is or has been chief justice of

Supreme Court or judge of Supreme Court and two others from Supreme
Court (judges) or chief justices of High Court.

The birth of Jan Lokpal from the Lokpal bill:-

As the Lokpal bill is to be introduced in the Parliament, civil society activists have
come forward with a strong Lokpal bill. This is termed as Jan Lokpal bill as it has
come out of the aspirations of people drafted by:-

Shanti Bhushan
Kiran Bedi (former IPS officer)
Justice N. Santosh Hegde (Present Lokayukta of Karnataka)
Prashant Bhushan (advocate)
J.M. Lyngdoh (former chief election commissioner)

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in consultation with the leaders of the India against Corruption movement and
civil society. Jan Lokpal bill is also called civil society Lokpal bill and Anna
Hazare Lokpal bill as he has supported the bill.

Anna Hazare Lokpal bill has slight differences with civil society Lokpal bill. Jan
Lokpal has its roots in Lokpal bill. Even Lokpal bill is not made into the law; the
bill has shown the target to be achieved. But, government proposed Lokpal bill
has diluted the concept, but Jan Lokpal bill strengthened the concept and can be
a step towards strong anti corruption bill.

The salient features and provisions of Civil society Jan Lokpal bill 2010:-

Lokpal bill is called anti-corruption, grievance redressal and whistleblower

protection act, 2010.

Lokpal is an institution which consists of chairperson as head of it with ten

members and will have its officers and employees.

The chairperson and members have the tenure of 5 years. Their salaries
are paid directly from consolidated fund of India.

There shall be a fund named "Lokpal fund". This fund is accumulation of

penalties and fines.

Who will appoint Lokpal chairperson and members?

The President of India appoints a selection committee. The selection commission

consists of:-

Two senior most judges of Supreme Court shall be taken as chairperson of

selection committee.

Two senior most Chief Justices of High Courts.

All Nobel Laureates of Indian Origin.

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 Three Magsaysay Award winners.

CAG (Comptroller and Auditor General of India)

CEC (Chief Election Commissioner)

In second term, the outgoing members and chairperson of Lokpal.

Salient features of the Jan Lokpal bill:-

(a) Anti-corruption institutions at the Centre called the Lokpal and at the state
called the Lokayukta will be established as soon as possible.
(b) 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.
(c) 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:-

(1) If anyone approaches the Lokayukta, 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. 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.
(2) 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.
(3) 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

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 be completely transparent in nature where the full co-operation from the
common masses shall be secured.
(4) If in the rarest of the rare cases, the members of the proposed committee
become corrupt, they shall be dismissed within two months of time period.
(5) 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.
(6) 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.

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 ministers to visit him
that did earn 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 India against corruption.

Jan Lokpal bill drafted by Shri Anna Hazare follow a

selection committee consisting of the following shall be
set up:-

The Chairpersons of both Houses of Parliament i.e. Lok Sabha and Rajya
Sabha

Two senior most judges of Supreme Court

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 Two senior most Chief Justices of High Courts

All Nobel Laureates of Indian Origin

Chairperson of NHRC (National Human Rights Commission)

Recent two Magsaysay Award winners of Indian origin

CAG (Comptroller and Auditor General of India)

CEC (Chief Election Commissioner)

Bharat Ratna award winners are included.

After the first term, the outgoing members and Chairperson of Lokpal.

LOKPAL

Introduction:-

The Lokpal and Lokayukta are Indian versions of ombudsman initiated by the
Administrative Reforms Commission in 1966. The concept of Ombudsman has its
origin in Sweden. An ombudsman is an authorized person, or intermediary, that
conveys information between the government and the citizens, mostly
representing the public interests. A parliamentary ombudsman was often
appointed in the Scandinavian countries to ensure that the citizen's interests
were protected. The Indian Administrative Reforms Commission foresaw and
recognized the need for a body to look upon and analyze the grievances of the
public against political corruption. Hence, the commission recommended the
initiation of the concepts of the Jan Lokpal at the central level and the
Lokayuktas at the state levels. The Lokpal will be an ombudsman which will be
honored with the powers to inquire and solve issues regarding corruption at the
central level. The Lokayukta is a similar body that would see to the grievances of
public against political malpractices at the state levels. Both Lokpal and
Lokayukta will be completely independent of government influences. They will be
as powerful as the election commission and the judiciary and it will have a fast
and effective mechanism to root out all miscreants from politics and government.

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Jan Lokpal will be the ultimate solution to the scams and scandals which have
been hindering the scope for India's development.

History:-

ARC recommendations Birth of Lokpal

In early independent years, that was the time our forefathers had tasted the bad
savours of corruption, the birth of vigilance commission and intelligence bureau
were taking place. To decide how the apex body to be formed to check existing
the corruption, there had been appointed a commission which was called
Administrative Reforms Commission in 1966. The first ARC had decided to
bring up two kinds of institutions which could check the corruption at higher
stages. Those are Lokayukta and Lokpal.

(a) Lokayukta:-

This is state level body to receive complaints from public and go into the case
and provide justice and at the same time the culprit to be punished. Before the
green signal of centre, many states had brought the Lokayuktas with fewer
powers and had started showing they were the real democratic. But the fangs
were taken out of these Lokayuktas which could not bring any significant change.

(b) Lokpal:-

This was the second one ARC had brought out for change at the central level.
This is meant for tackling with corruption charges against higher rung which
includes Prime minister and ministers. Lokayukta was implemented in most of
the states, but Lokpal was failed in every step of it to become a law. The bill has
been a bill since 1968, has never become into the law. It was brought to
Parliament in 1968 for first time.

Lokpal: The ultimate solution:-

India owes her independence to the selfless service of those great national
leaders who fought the war of ahimsa. Gandhi ji, Nehru, Bose, Dr. Rajendra

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Prasad and other leaders of that time were not just policy-makers, but patriots
and humanitarians who wanted an independent India without bloodsheds and
riots. But today, we have reached an age where we look around and see nothing
but the fruits of evil-doings and corruption. Apart from the existing laws and
systems, the government needs to adopt effective mechanism to fight
corruption. Punishments should be made severe and no loopholes should be left
for corrupt politicians to escape. The Lokpal is the ultimate step towards
a corruption-free India.

Features of the Lokpal against corruption:-

1. The Lokpal and Lokayukta institutions will be set up at the centre and
state levels respectively. All activities of the Lokpal will be out of
government interference and it will be individually powered like the
election commission and judiciary.
2. After the Lokpal receives a complaint from a citizen or a group,
investigations will be completed within a period of one year and trial will
be completed within the next year. This demands that citizen's grievances
receive the first priority and the corruption-related complaints will be
resolved within a two-year time period.
3. Financial penalties will be imposed on the respective officers if the Lokpal
finds any delay in delivery of any work from government offices.
4. The Lokpal will comprise of trusted social activists, judicial members and
citizens.
5. The Lokpal will protect the rights of the citizens to complain and no citizen
will be victimized for having raised his voice against corruption.
6. The present systems of vigilance and anti-corruption will be merged into
the Lokpal. Lokpal will be powerful enough to question even the
procedures of the judiciary.

Ultimately, the Lokpal will function as the people's representation in the

government.

India's first ever Lokpal Committee:-

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Anna Hazare's anti-corruption struggle on 9th April 2011 succeeded and the
government has agreed to the formation of the Jan Lokpal committee. The
success achieved by Hazare and the Indian people was made possible by Prime
Minister Dr. Manmohan Singh's direct influence over the matter. The prime
minister's analysis of the situation has helped a great deal in making Hazare's
and the nation's dream of a corruption-free political system come true. As per
the demand, the Lokpal committee will comprise of five members from the civil
society and five members from the state. The ten-member Lokpal council will be
bestowed with the powers to determine the processes and procedures involved
in drafting the Lokpal bill.

Members of the 2011 Lokpal committee:-

The Lokpal committee appointed to draft the Lokpal bill will have eminent and
trusted personalities from the state and the civil society as its members:

1. Chairperson: Pranab Mukherjee

2. Co-Chairperson: Shanti Bhushan

3. Convener: Veerappa Moily

Representatives of the civil society

1. Anna Hazare (Social activist)

2. Santosh Hegde (Former Supreme Court justice)

3. Shanti Bhushan (Former Law minister)

4. Prashant Bhushan (Social activist)

5. Arvind Kejriwal (Social activist)

The Lokpal Committee is directed to submit the report of the Lokpal bill before
June 30, 2011. Amendments will be made in the bill to avoid any loopholes and
to implement strong and effective anti-corruption measures.

Lokpal: India's new future (Conclusion):-

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The anti-corruption movement initiated by Anna Hazare achieved the solution to
the nation's most challenging problem. Once the Jan Lokpal bill receives approval
and the Lokpal comes into existence, our political party leaders will have to
follow a completely transparent political procedure. The ordinary citizen will
never have to bow before and bribe the officers for getting his rights and needs
fulfilled. The country's income will now be utilized for the people's betterment.
Our political parties and their leaders will now work for the country's service and
not to fill their own pockets. Most of all, our constitutional principles of Liberty
and quality will be fostered effectively and followed with devotion. Let us say,
with Lokpal, India will be the new face of change.

With due respect to the dedication and issue in consideration, I would like to
make certain observations in relation to the present fight against corruption.

(1)Media hype and anti-politics sentiments:

Anna Hazare's fast against corruption at Jantar Mantar attracted thousands of

supporters. Why?

Because it was not directly for anti-corruption movement, but it was mainly the
anti-politician sentiments which were busted out through this vent and supported
and projected by 24x7 media coverage.

(2)Anti-politician:

It is mainly anti-politician movement as if the entire corruption is just at the

politician level. It is too immature assumption.

Can anybody vouch that due to such kind of movement or even passing of
Lokpal bill, we will be able to reduce the corruption at the ground level?
Has the clerk at Collector office or Municipal Corporation stopped taking
bribe or at least reduced his rates for pushing the file after this anti-
corruption drive?

(3)Corruption a non-issue:

Democracy is entirely based on will of people. Last 20 years elections analysis of

Tamil Nadu elections show that despite of being corrupt credentials of DMK as

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well as AIADMK, these parties were voted in power alternatively. Isnt the issue of
corruption ignored by the mass population?

(4)Systemic approval of corruption:

Corruption is accepted by our society as well as Government, if it is in a

sophisticated manner.

Bibliography:-

(a) http://www.indiastudychannel.com/resources/139407-Detailed-
information-analysis-Lokpal.aspx
(b) http://www.indiastudychannel.com/resources/139521-Jan-Lokpal-Bill.aspx
(c) http://www.indiastudychannel.com/resources/139716-Jan-lokpal-bill.aspx
(d) http://www.indiastudychannel.com/resources/139497-Jan-Lokpal-Towards-
corruption-free-India.aspx
(e) http://en.wikipedia.org/wiki/Jan_Lokpal_Bill
(f) Administrative law of I.P.Massey introduced by Prof. Upendra Baxi

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