The document compares and contrasts the key differences between the government's draft Lokpal bill and the civil society draft bill. Some of the major differences highlighted include: selection and composition of the Lokpal members and search committee; accountability and independence of the Lokpal; jurisdiction and scope of corruption covered; powers to investigate complaints and tap phones; whistleblower protection; and inclusion of the prime minister. The civil society draft provides for a more independent and effective anti-corruption body compared to the government's draft which is seen as keeping control over the Lokpal and potentially making it a "puppet in the government's hands."

1. Lokpal Bill ...Understanding the Drafts of Government and Civil Society

2. Civil Society’s Draft Government’s Draft

3. Government’s Lokpal Mockery of Criminal Jurisprudence? After Preliminary Enquiry Accused given a Hearing before filing an FIR to explain why an FIR should not be registered against him. If during investigations, any new persons emerge involved they too would be presented with evidence against them & given hearing After completion of investigations, presented evidence & again given a hearing to explain why a case should not be filed in the court [Section 23, 24of Govt Bill]

4. Government’s Draft ???

5. Government’s Lokpal Sympathetic to the Corrupt rather than Citizens? A Corrupt Government Officer A Citizen Complain against a government officer’s corruption to Lokpal Can file a Cross Complaint directly to theSpecial Court without Preliminary Enquiry that whether complain was frivolous Has to defend himself in court Given free advocate If complain proved frivolous getsminimum 2 years jail !!! Ifcorruptionproved gets minimum 6 months jail [Section 50,51 of Govt Bill]

6. Government’s Lokpal Does not cover all those who may be corrupt… But covers all those who may raise a voice against corruption? 0.05 % 100% Jurisdiction Only 65,000 out of total 1.2 croreGovt employees Only Group A Central Govtemployees No lower Bureacracy All NGOs, Societies, Trusts , even unregistered at the grassroots [Section 17 (1) (e) of Govt Bill]

7. Government’s Draft

9. Detailed transparent selection process with PUBLIC PARTICIPATION

10. 5 out of 10 members from ruling government

11. Search committee to be selected by Selection committee itself

12. No clear selection process providedGovernment’s will be able to appoint its own Lokpal members & Chairperson. Earlier agreed to Selection committee, Selection process, Disagreement only on composition of Search committee – (Joint Committee meeting, 7th May)

13. Government’s Draft – Selection Committee

14. Civil Society’s Draft – Selection Committee

15. Government’s Draft – Search Committee

16. Civil Society’s Draft – Search Committee

20. Any Citizen can make a complaint to Supreme Court and seek removal.

21. Judicial review over the actions of the Lokpal by the High Courts under Article 226 and the Supreme Court under Article 32 & 136Accountable to the Government. Only government can seek removal of Lokpal Both Selection and Removal of Lokpal in Government’s control Puppet in government’s hands

22. Critical Issues – Accountability(Lokpal Staff) Government’s Lokpal is accountable Either to ITSELF or the GOVT. We suggested accountability of Lokpal Directly to PUBLIC

24. If same complaint made to both Lokpal & CBI?

25. If CBI is doing a dishonest investigation, can Lokpalcall for the file from CBI midway?

28. Quantum of punishment with rank

29. Higher fines for accused business entities

31. Critical Issues – Grievance Redressal Government had earlier agreed to it! (Joint committee meeting, 23rd May) Unfortunately have gone back on this decision.

32. Civil Society’s Draft –Grievance Redressal

33. Critical Issues – Whistleblower Protection Protection for whistleblowers is being provided through a separate law. That law so bad - Trashed by Standing Committee of Parliament – headed by Ms JayanthiNatrajan. Earlier agreed that Lokpal would be given the duty of providing protection to whistleblowers under the other law, & that law would also be discussed & improved in Joint Committee only (Joint Committee meeting, 23rd May)

35. Recommendation by National Commission to review the Working of the Constitution, set up in the year 2000

37. Corruption by PM can be/has been investigated, under Prevention of Corruption Act

38. If PM exempted, then all offices/ministries under PM also exempt

39. Lokpal not “above” PM just as a Group B Income Tax officer checking his IT returns isn’t

41. Critical Issues – Judiciary Judicial Accountability Bill (JAB), drafted by the government: Does not talk of bribery by the judges – only “misbehavior” Permission to enquire against a judge will be given by a 3 member committee, 2 judges & a retired Chief justice of the same court National Oversight Committee, to be created through JAB will not have police and investigative powers, which Lokpal would have. Therefore, the two bills complement each other. Even if judicial corruption were included in JAB, not clear when would an effective JAB be enacted?

42. Critical Issues Special Benches in High Court High Courts will set up special benches to hear appeals in corruption cases to fast track them, as a study shows it takes 25 years for appeal process typically. No such provision Amendments to CrPC On the basis of past experience on why anti-corruption cases take a long time in courts and why do our agencies lose them, some amendments to CrPC have been suggested to prevent frequent stay orders. Not included

43. Critical Issues – Lokayukta According to Mr PranabMukherjee, some of the CMs have objected State Information Commissions were also set up under RTI Act through single Act only.

44. A Lokpal to Protect Corruption?Or A Lokpal to Prevent Corruption?? Let us not let down the people of the country!