image

Salient Features of Jan Lokpall Bill

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 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.

profile image

About eMinds Legal

eMinds Legal

eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.

Comments

  1. Rajendra Babbar says:

    To

    Every One Interested

    Sub. :- Few humble suggestions in regard to proposed Lokpal bill.

    The fight against corruption is a must for every Indian. I am an Advocate hence out of my professional as well as my personal experience; I may be allowed to suggest some necessary points which could be considered for eradicating corruption.

    1.1. The most important point is that Section 197 of the Code of Criminal Procedure 1973 should be deleted. As the requirement of previous sanction for prosecution of the present and past public servants is a great hindrance in eradicating the corruption in the administration of government functioning from top to bottom.

    1.2. Similarly Section 19 of the Prevention of Corruption Act 1988, is ought to be deleted, on same grounds.

    1.3. The proposed Lokpal system should be multilevel authority i.e. there should be Lokpals in every state who shall function under the superintendence and control of Chief Lokpal of India. The Chief Lokpal of India and state Lokpals should not be appointed form present and past beurocrates and or politicians. The Chief Lokpal of India may constitute full and or division bench sittings consisting of all or any number of state lokpals whenever he may consider it necessary.

    1.4. Although It will not be practical to bring the office of Prime Minister under the Lokpal system, but a provision could be made that if there is a complaint against Prime Minister along with documentary evidence it could be made only to Chief Lokpal of India, who may then send it to Parliament, which would refer it to its permanent committee constituted for the said purpose, for further action.

    1.5. As for as the jurisdiction of the Lokpal system over Judiciary is concerned it shall not be practical and constitutional to bring the judiciary under the proposed Lokpal system. But a provision could be made that if there is any complaint along with documentary evidence against the subordinate judges the Lokpal of such state may refer the complaint with his finding to the Chief Justice of the concerned State, who shall then place the matter before the full court for taking appropriate action. Further in case of a complaint along with documentary evidence against the Judges and / or Chief Justices of High Courts and Supreme Court , the complaint should be made only to Chief Lokpal of India who may refer the same along with his opinion to Parliament which would refer it to its permanent committee constituted for the said purpose, for taking further action.

    1.6. All other services of government, semi – government, public undertakings, registered Trusts and Societies etc.should come under the jurisdiction of the Lokpal system, and they could be removed from the service and/ or from their post, and their property be confiscated based upon the finding of Chief Lokpal of India and or the state Lokpal.

    The above suggestions may kindly be considered if the same are found useful in the fight of common man against corruption. Everyone happen to read this may give his/her suggestions and send the same to appropriate persons so that a full proof system to fight against the corruption could be developed.

    Thanking You.

    Yours

    Bhopal

    Rajendra Babbar

    Dated 21/08/2011 Advocate

    1. eMinds Legal says:

      Mr. Babbar

      Appreciate your views.

Corporate Law Referencer

Recent Articles

Recent Legal updates

Recent Gst Updates