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seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year. Drafted by Justice Santosh Hegde (former Supreme Court Judge and present Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission. Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh , Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India Against Corruption. Its website describes the movement as "an expression of collective anger of people of India against corruption. We have all come together to force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption."
Anna Hazare, anti-corruption crusader, began a fast-unto-death today, demanding that this bill, drafted by the civil society, be adopted. The website of the India Against Corruption movement calls the Lokpal Bill of the government an "eyewash" and has on it a critique of that government Bill. It also lists the difference between the Bills drafted by the government and civil society. A look at the 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 anticorruption 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.
Background
Renewed calls for a Jan Lokpal Bill arose over resentment of the major differences between the draft 2010 Lokpal Bill prepared by the government and the Jan Lokpal Bill prepared by the members of this movement, N. Santosh Hegde, a former justice of the Supreme Court of India
and Lokayukta of Karnataka, Shanti Bhushan, Arvind Kejriwal and Prashant Bhushan, a senior lawyer in the Supreme Court along with the members of the India Against Corruption movement. The bill's backers consider existing laws too weak and insufficiently enforced to stop corruption.[5][6]
receive complaints of corruption from the general public. It suo moto action or receive can only probe complaints forwarded by the Speaker of the complaints of corruption from the Lok Sabha or the Chairman of the Rajya Sabha. general public. Lokpal will have the power to Lokpal will only be an Advisory Body with a role limited to initiate prosecution of anyone forwarding reports to a "Competent Authority". found guilty. Lokpal will have no police powers and no ability to register Lokpal will have police powers as an First Information Report or proceed with criminal well as the ability to register FIRs. investigations. Lokpal and the anti corruption wing of the CBI will be one independent The CBI and Lokpal will be unconnected. body. Punishments will be a minimum of Punishment for corruption will be a minimum of 6 months 5 years and a maximum of up to and a maximum of up to 7 years. life imprisonment.
Protests
Main article: 2011 Indian anti-corruption movement On March 13, 2011, a group of Delhi residents dressed in white shirts and t-shirts drove around the city for four hours in support of an anti-corruption campaign and the passing of a Jan Lokpal Bill.[8] Anti-corruption activist Anna Hazare went on hunger strike "unto death" on April 5, 2011, pending the enactment of a Jan Lokpal Bill.[9] Around 6,000 Mumbai residents also began a oneday fast in support of similar demands.[10] Protesters chose yellow as their colour and were seen wearing yellow dresses, T-shirts while waving yellow banners. Inter city protest co-ordination is underway to observe Yellow Sunday.[citation needed] Hazare also announced plans to start a Jail Bharo Andolan protest on 13 April 2011 [11] if the Jan Lokpal bill is not passed by the government. He also stated that his group has received six crore (60 million) text messages of support[12] and that he has further backing from a large number of Internet activists. The protests are not associated with any political parties, and Hazare supporters discouraged political leaders from joining the protests, because Hazare believes that political parties were using the campaign for their own political advantage.[13]
politicians who have indicated support for the bill include Ajit Singh[16] and Manpreet Singh Badal[17] as well as the principal opposition party, Bhartya Janta Party.[18][19] In addition, numerous Bollywood actors, directors, and musicians have publicly approved of the bill.[20][21][22][23][24][25][26][27] Notable opposition has been expressed by HRD minister Kapil Sibal and other Congress leaders; Chief Minister of West Bengal Mamta Banerjee; Punjab Chief Minister and Akali Dal leader Prakash Singh Badal; Shiv Sena leader Bal Thackeray, and former Chief Justice of the Supreme Court Jagdish Sharan Verma. [28] Although BJP showed their support earlier, there are reports that BJP shares the Congress's concern "over letting the civil society gain the upper hand over Parliament in lawmaking".[29]
Government response
To dissuade Hazare from going on an indefinite hunger strike, the Prime Minister's Office have directed the ministries of personnel and law to examine how the views of society activists can be included in the Lokpal Bill.[30] On 5 April 2011, the National Advisory Council rejected the Lokpal bill drafted by the government. Union Human Resource Development Minister Kapil Sibal then met social activists Swami Agnivesh and Arvind Kejriwal on 7 April to find ways to bridge differences over the bill.[31] Hazare's fast was supported by the CPI(M) with their politburo issuing a statement demanding an effective Lokpal Bill. After several rounds of talks, on 8 April 2011, Anna Hazare announced to his supporters that the Government had agreed to all his demands and he would break his fast on the following Saturday morning. According to the understanding reached, five of the ten-member joint-draft committee would come from society . Pranab Mukherjee will be the Chairman of the draft committee and Shanti Bhushan his Co-Chairman.[32] Government's handling of the formation of the draft committee, involving the civil society in preparation of the draft Lokpal bill, was criticized by various political parties: BJP, BJD, AIADMK, CPI-M,RJD, BJD, JD(U) and Samajwadi Party. [33][34]
Drafting Committee
The drafting committee was officially formed on 8 April 2011. It consists of ten members, including five from the government and five drawn from society.[35]
Chairmen
The Government of India accepted that the committee be co-chaired by a politician and an activist, non-politician. It is reported that Pranab Mukherjee, from the political arena, and Shanti Bhushan, from civil society, will fill those roles.
Government representation
Five Cabinet ministers will be a part of the Drafting Committee. They are:
y y y y y
Pranab Mukherjee, Finance Minister, Co-Chairman; P. Chidambaram, Minister of Home Affairs; Veerappa Moily, Minister of Corporate Affairs; Kapil Sibal, Minister for Communications and Information Technology; and Salman Khursid, [[Minister of minority affairs
Shanti Bhushan, Former Minister of Law and Justice, Co-Chairman; Anna Hazare, Social Activist; Prashant Bhushan, Lawyer; N. Santosh Hegde, Lokayukta (Karnataka); and Arvind Kejriwal.
The involvement of the Bhushans has been questioned after a new CD controversy.[36]
construed as including a reference to the Lokpal." Review of proceedings and decisions by Lokpal is prevented in the bill, stating "...no proceedings or decision of the Lokpal shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary Civil Jurisdiction." How the trials will be conducted is unclear in the bill, although the bill outlines requiring judges for special courts, presumably to conduct trial that should be completed within one year. Without judicial review, there is concern that Lokpal could become a extraconstitutional body with investigative and judicial powers whose decisions cannot be reviewed in regular courts.[43] Whether or not to include the Prime Minister and higher judiciary under the Lokpal remains as one of the major issues of dispute. Although Hazare proposed Justice Verma, the former Chief Justice of the Supreme Court, as the Chairman of the Lokpal Bill panel,[44] Justice Verma later expressed his constitutional objections for including the Prime Minister and higher judiciary under Lokpal, stating "this would foul with the basic structure of the constitution". [45]
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