The document compares key differences between the Jan Lokpal bill proposed by anti-corruption activists and the government's version of the Lokpal bill. The Jan Lokpal bill provides more oversight powers to the Lokpal institution, such as the ability to investigate the prime minister and judiciary for corruption. However, it also makes the Lokpal more accountable, such as allowing citizens to petition for a Lokpal's removal. In contrast, the government's version limits the Lokpal's powers but provides more immunity from oversight of its own actions. In conclusion, the document argues the government's bill is insufficient and aims to create an illusion of an anti-corruption law rather than providing true oversight.
2. Accountability of the Lokpal Jan Lokpal: Any Citizen can go and complaint to Supreme Court to remove a Lokpal if the Lokpal is not found to be accountable in his/her actions Government Lokpal: Only Government has the power to remove a Lokpal. So according to government’s draft, if government appoints a corrupt person as the Lokpal, then people have no way of seeking the removal of such a Lokpal. But in case of Jan Lokpal, I or you can go to the court and demand that the Lokpal be removed if we are able to provide justification for that removal.
3. Corruption allegations against Lokpal Members Jan Lokpal: Complaints of corruption against Lokpal members will be heard by an independent authority. Government Lokpal: Lokpalitself will hear complaints of corruption against its members! Which is more accountable? Lokpalhearing complaints against its own members? Or an independent authority acting on these complaints?
4. Probe corruption allegations against MPs in Parliament Jan Lokpal:Lokpalwill have the power to probe into allegations of corruption by Members in Parliament like MPs taking bribe to vote! (Remember the Cash for Votes Scandal? ) Government Lokpal:Lokpalwill not have any right to probe into allegations of corruption by MPs in the Parliament!
5. Complaints against Government Officers, Public Servants Jan Lokpal:Lokpalcan act on complaints against ANY government officer. Government Lokpal:Lokpalcan act on complaints against only “Group A” level government officers.
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7. Of which only 65000 are Group A level officers. So according to government’s draft Lokpal or no Lokpal it makes no difference to over 99.995% of the government officers!
8. The fact is that it is these officers below Group A level who actually cause problems to the common man.
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10. Corruption allegation against Judiciary Jan Lokpal:Lokpalwill have the authority to investigate allegations of corruption against judges. Government Lokpal:Lokpalwill NOT have the authority to investigate allegations of corruption against judges .
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12. Anna’s team is fine with that provided the flaws in giving permission for investigations against judges are removed.
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14. Anti Corruption Branch of CBI Government Lokpal:The Anti Corruption Branch of CBI will continue to remain with CBI, which means direct government control over it, because CBI is controlled by government. Jan Lokpal:The Anti Corruption Branch of CBI will be merged with Lokpal to give it more independence. Government has now even removed CBI from RTI! So nobody knows what is going on within CBI.
15. Dismissal of Corrupt Public Servant Government Lokpal:Lokpalwill have no power to dismiss a corrupt public servant. The concerned minister will decide whether to dismiss a corrupt public servant or not. Jan Lokpal:Lokpalwill have the power to dismiss a corrupt public servant from job. What if the minister is also a beneficiary of this corruption? Will he in such a case dismiss the corrupt public servant?
16. Protection against false complaints Government Lokpal:Lokpalwill send those who make false complaints to jail for a period of two to five years! The accused can also go to court against the complainant, and in this case, the legal expenses of the accused will be borne by the government, where as the complainant has to pay for the legal expenses from his own pocket. Jan Lokpal:Lokpalwill impose fine to those who make false complaints or ill motivated complaints. Lokpal will decide whether a complaint is false or not.
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18. If the corrupt who are also generally rich, are able to mute all evidences against them, then the person who complained will have to go to jail, do trips to courts, bear his legal expenses and what not.
19. While the minimum imprisonment for a false complaint is two years in the government’s draft, the minimum imprisonment for those found guilty of corruption is only 6 months!
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21. Then an independent selection committee comprising of two politicians, four judges and two retired constitutional authorities will do the selection.
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23. Even the search committee which searches for eligible lokpal members will be selected by the above mentioned selection committee.
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26. Is it fair to expect that the Home Secretary will give permission in such cases?
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28. Fast Track Hearing of Corruption Cases Government Lokpal:Lokpalhas no power to setup special benches like this. Which means slow hearing of corruption cases. Jan Lokpal:Lokpalcan setup special benches in High Courts to speed up hearing of corruption cases. Justice delayed is justice denied .
29. Protection to complainants, whistle blowers Jan Lokpal:Lokpalwill provide adequate protection and security to complainants and whistle blowers . Government Lokpal:No mention about any protection to those who complaint about cases of corruption.
30. Establishment of Lokayuktas Jan Lokpal:There will also be Lokayuktas established at each state level with powers similar to Lokpal. These Lokayuktas will probe into corruption at a state government level against ministers, MLAs and state government officials. Government Lokpal:No establishment of any Lokayuktas through Lokpal Bill. If people have any issue of corruption at a state government level, then according to the Government’s Lokpal bill – forget it.
35. Does the government want to give an opportunity to the accused to wipe out all evidences?
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37. After 45 years of waiting, the government simply wants to create an illusion that it has passed an anti-corruption law.
38. Do we really need another dummy institution at the tax payer’s expense?Just look at the government’s draft once again and you will wonder, who actually comes UNDER the jurisdiction of Lokpal according to the government’s lokpal draft.
39. No Prime Minister, no MPs, no judiciary, no state level Lokayuktas, no government officers other than “Group A” officers….ArvingKejriwal has rightly called the government’s draft – A Jokepal Bill. It not only has loopholes in it, it is full of potholes.
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41. The Jan Lokpal version gives more power to Lokpal but less immunity if its own actions are found unaccountable.