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With Anna Hazare and the Jan Lokpal bill in news, India is entering a new phase of change and

this change is definitely for the better. The following is an analysis of the features of the Lokpal, its origin, the need for Lokpal and how it will act as an intrument to fight corruption in all walks of life.

63 years have gone by since India gained independence. In these 6 decades, our nation, with her huge abundance of natural as well as man-made resources, could have emerged as the world's most powerful democracy. With an extremely well-composed and principled constitution prepared by some of the best political geniuses and thinkers of that age, India could have reached unbelievable heights. But as they say, potential and success do not go hand in han While India is d. blessed with a plethora of resources and we have a constitution that ensures equality to all, the people of this nation hinder their own development with corruption and bribery.

Today, corruption is prominent in all spheres of life. The very essence of democracy is ruined by the corrupt activities that our government servants do to fill their own pockets. While the malpractices were most prominent in the executive and legislative systems of the government, very recently, corruption has spread dangerously into the judiciary too. The anti-corruption campaigns and awareness programs have failed to restore equality in the various departments of government and an effective mechanism to fight corruption is the need of the hour. Rather, we need to implement more severe punishments to the evil-doers, irrespective of their position and status in the society. The Lokpal and Lok Ayukta are anti- corruption instruments which if implemented properly, will change the face of politics and take India to new and higher dimensions.

The Jan Lokpal

The Lokpal and Lok ayukta 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. Contemporary ombudsman is state-appointed and works in support of the general public.

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 Lok ayuktas 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 lok ayukta is a similar body that would see to the grievances of public against political malpractices at the state levels. Both Lokpal and Lok ayukta 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. Jan Lokpal will be the ultimate solution to the scams and scandals which have been hindering the scope for India's development.

Why do we need the Jan Lokpal?

To eliminate the evils of corruption and to bring into life the vision of a socially, culturally, economically and politically prosperous India, the Lokpal is a necessity.

Corruption in all spheres of society is the greatest hindrance to our nation's development. While most of the scandals reveal top-ranked political party leaders involved in corruption, the ordinary citizen is left helpless. The implementers of law and order have turned the reprobates of society and the constitutional principles of equality and democracy has become ineffect ive these days.

The recent happenings in our country reveal that the corruption activities do not just resort to the legislative and executive. Corruption is slowly sneaking into the Judiciary too. If the scams and scandals continue to flourish, India will soon lose its political as well as national integrity.

Lokpal: The ultimate solution

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

The features of the Lokpal against corruption are summarized as:

1.The Lokpal and Lok ayukta institutions will be set up at the centre and state levels respectively.

2.All activities of the Lokpal will be out of government interference and it will be individually powered like the election commission and judiciary.

3.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.

4.All loses that a complaint-holder faces will be recovered by conviction of properties from the accused, if the latter is found guilty.

5.Financial penalties will be imposed on the respective officers if the Lokpal finds any delay in delivery of any work from government offices.

6.Lokpal and Lok ayuktas will function in a transparent manner.

7.The Lokpal will comprise of trusted social activists, judicial members and citizens.

8.The Lokpal will protect the rights of the citizens to complain and no citizen will be victimized for having raised his voice against corruption.

9.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.

Anna Hazare: India's new Mahatma

Anna Hazare is a social activist and freedom fighter of the 21st century who has come forward against corruption demanding the introduction of Jan Lokpal in the parliament. With the shocking news of several issues like the 2-G spectrum scam and the common wealth corruption scandal, <>went on an indefinite fast-unto-death demanding the introduction of Lokpal bill in the parliament.

What the various political parties failed to bring about in 4 decades, Anna Hazare, the Gandhian activist, brought about in 4 days. Hazare's indefinite fast to bring the anti-corruption Jan Lokpal bill into life inspired the citizens from all over the nation to raise their voices in unison.

Anna Hazare, a 79 year old man, yet young in principles, adopted the Gandhian m ethod of sathyagraha to demand the implementation of Jan Lokpal. Hazare's fast at the Jantar-Mantar in New Delhi and the people's participation in the anti-corruption struggle proves that the Gandhian principles and values still burn brightly in the Indian minds. From celebrities to common man, people poured into Jantar Mantar during the 4 days of Hazare's fast to indicate their support to the movement.

Though the government opposed Hazare's ideas initially, Anna Hazare, and his thousands of followers succeeded in the end. The government finally agreed to Hazare's demand to introduce the Jan Lokpal.

Anna Hazare's fight against the political corruption finally saw victory when the government agreed to the people's demands which were:

1.The Jan Lokpal Bill, aimed at eliminating corruption, should be introduced in the Parliament's monsoon session.

2.To draft the bill, representatives from the common public should be included.

3.For the position of Lokpal committee's chairperson, a non-political social activist should be appointed.

India's first ever Lokpal Committee

Anna Hazare's anti-corruption struggle succeeded on 9th April 2011 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 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 Lok pal bill.

Lokpal: India's new future

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. All thanks to Anna Hazare!

JAN LOKPAL BILL


Salient features of Jan Lokpal Bill
1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up 2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations. 3. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years. 4. The loss that a corrupt person caused to the government will be recovered at the time of conviction.

5. How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant. 6. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month s time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years. 7. But won t the government appoint corrupt and weak people as Lokpal members? That won t be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process. 8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months. 9. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician. 10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.

Differences between Jan Lokpal Bill and Government s version of the Lokpal Bill
Government Proposed Lokpal Bill Jan Lokpal Bill

Lokpal cannot start suo muto investigations into Lokpal can start suo muto investigations into corruption on its own corruption on its own Lokpal cannot act upon complaints received from Lokpal can act upon complaints received from General Public General Public and start investigations Lokpal can act only on complaints received from Lokpal can receive complaints from any Indian the heads of the parliament (ie Loksabha Speaker citizen. and Rajya Sabha Chariman) Lokpal is only an advisory body and can ONLY forward its reports on cases of corruption to a competent authority Lokpal is not a mere advisory body. It can initiate prosecution against those found guilty. Lokpal will have police powers and it can lodge FIRs, initiate criminal investigations and prosecution. The Anti-corruption wing of CBI will be merged with Lokpal.

Lokpal will not have any police powers.

Lokpal will have nothing to do with CBI.

Government Proposed Lokpal Bill

Jan Lokpal Bill

Punishment for corruption is minimum 6 months Punishment for corruption is minimum 5 years and maximum 7 years. and maximum life time imprisonment. Lokpal cannot investigate corruption cases against bureaucrats and government officers Lokpal can investigate corruption cases against Politicians, Bureaucrats, Judges (including of Supreme Court and High Court)

Lokpal cannot investigate any case against Prime Lokpal can investigate ANY corruption case Minister which deals with foreign affairs, security against all Politicians including the Prime Minister and defense. of India Lokpal members will be elected by the prominent members from both public life and private citizens like chair persons of both houses of parliament, Judges of Supreme Court and High Courts, Bharat Ratna award winners, Chief Election Commissioner, Magsaysay award winners, CAG, Chairperson of National Human Rights commission, etc

Lokpal will constitute of three retired judges of the Supreme Court of India

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