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TNN Apr 6, 2011, 04.58am IST The Lokpal will be a three-member body with a chairperson who is or was a chief justice or Supreme Court judge, and two members who are or have been high courts judges or chief justices. Implementation of the Lokpal bill will hopefully reduce corruption in India. The basic idea of the Lokpal is borrowed from the office of the ombudsman in other countries. It provides for filing complaints of corruption against the prime minister , other ministers and members of parliament with the ombudsman. Anyone, except for a public servant , can file a complaint and the Lokpal has to complete the inquiry within six months, for 42 years, governments have tried to put in place the law. The bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969. However, the Lok Sabha was dissolved , resulting in the first death of the bill. It was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008. In September 2004, prime minister Manmohan Singh said the Congress-led United Progressive Alliance government would lose no time in enacting the bill. But strong lobbies blocked it. The Lokpal Bill, 2010, awaits an okay from a select committee.Former chief justice of the Delhi high court and rights activist Rajinder Sachar feels the bill is "shamefully toothless and meant to give a false reassurance to the people that the government is serious in its fight against corruption" . But former chief justice of India M N Venkatachelliah feels the PM must be out of its purview.
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Lokpal bill: Anna Hazare begins fast Cong terms Hazare's fast premature
As noted social activist Anna Hazare started his fast-unto-death in the national capital, there is a need to take a look at his draft Jan Lokpal bill and the government's Lokpal Bill. The government proposes to set up Lokpal to check corruption at high places and salvage its image. But there are stark differences between the government's version of the Lokpal Bill and the civil society's. The government Bill, actually, seems to be toothless. Government's Lokpal will not have any power to either initiate action suo motu in any case or even receive complaints of corruption from public.
The Jan Lokpal proposes full powers to initiate investigations suo motu in any case and also to directly entertain complaints from the public. The government wants Lokpal to be an advisory body, which will only forward its enquiry report to the competent authority for action. The Jan Lokpal Bill proposes powers to initiate prosecution after completion of investigations. The government's Lokpal will not have any police powers and it will not be able to register an FIR. The Jan Lokpal proposes police powers and would be able to register FIR, proceed with criminal investigations and launch prosecution. The government's Lokpal won't have powers to investigate any case against PM, which deals with foreign affairs, security and defence. But the Jan Lokpal Bill proposes no such bar on Lokpal's powers. The government's Lokpal will not have jurisdiction over bureaucrats and government officers. The Jan Lokpal will have jurisdiction over politicians, officials and even judges. It also proposes merging the entire vigilance machinery into Lokpal.
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