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The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill that would pave the way for a Jan Lokpal, an
independent body like the Election Commission, which would have the power to prosecute politicians and bureaucrats without government
permission.
The bill has been drafted by Shanti Bhushan, former IPS Kiran
Bedi, Justice N. Santosh Hegde, renowned advocate Prashant Bhushan, former
chief election commissioner J. M. Lyngdoh in consultation with the leaders of the India Against Corruption movement and the civil society.
The bill proposes institution of the office of Lokpal (Ombudsman) at
center and Lok Ayukta at state level. Jan Lokpal Bill is designed to
create an effective anti-corruption and grievance redressal systems at
centre and to assure that effective deterrent is created against corruption and to provide effective protection to whistleblowers.
The Lokpal Bill drafted by the government is pending to be passed in the
Rajya Sabha since 42 years. The first Lokpal Bill was passed in the 4th
Lok Sabha in 1969 but could not get through in Rajya Sabha, subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989,
1996, 1998, 2001, 2005 and in 2008, yet they were never passed and its
pending. The current lack of laws to curb corruption have made the need for Jan Lokpal Bill.
Jan
Lokpal Bill.
The Lokpal
The Jan Lokpal Bill proposes the Lokpal to be instituted as a ten
member body along with its officers and the employees. The bill provides
for appointment of the Chairperson and members of the Lokpal within six
months of enacting the bill. Predictable vacancies in Lokpal are to be
filled in advance at least before three months of such vacancy. Unpredictable vacancies are to be filled within one month of such vacancy.
Appointment of the Chairperson and the Members of Lokpal
The draft bill provides that at least four members of the Lokpal must
have legal background. In order to assure people of integrity are appointed as members of the Lokpal, the bill bars appointment of any
person who has been charge-sheeted under Prevention of Corruption Act or under Indian Penal Code.
Selection Committee
The bill provides for the setting up a selection committee comprising of
1. The Chairpersons of both Houses of Parliament
2. Two senior most judges of Supreme Court
3. Two senior most Chief Justices of High Courts.
4. All Nobel Laureates of Indian Origin
5. Chairperson of National Human Rights Commission
6. Last two Magsaysay Award winners of Indian origin
7. Comptroller and Auditor General of India
8. Chief Election Commissioner
9. Bharat Ratna Award winners
10. After the first set of selection process, the outgoing members and Chairperson of Lokpal.
The senior most Justice of Supreme Court shall act as chairperson of the selection committee.
Selection Procedure
* Recommendations shall be invited through open advertisements in prescribed format.
* Each person recommending shall be expected to justify the selection of his candidate giving examples from the past achievements of the candidate.
* The list of candidates along with their recommendations received inthe format mentioned above shall be displayed on a website.
* Each member of the selection committee, on the basis of the above material, shall recommend such number of names as there are vacancies.
* A priority list shall be prepared with the candidate receiving recommendations from maximum number of members of selection
committee at the top. The candidates recommended by same number of members shall be treated at par.
* This priority list shall be displayed on the website.
* Around three times the names as there are vacancies, shall be shortlisted from the top.
* Public feedback shall be invited on the shortlisted names by putting these names on the website.
* The selection committee may decide to use any means to collect more information about the background and past achievements of the shortlisted candidates.
* Selection committee shall invite shortlisted candidates for discussions, video recordings shall be made public.
* All the material obtained so far about the candidates shall be made available to each member of the selection committee in advance. The members shall make their own assessment of each candidate.
* The selection committee shall meet and discuss the material so received about each candidate. The final selections for the Chairperson and members shall be made preferably through consensus. Provided that if three or more
members, for reasons to be recorded in writing, object to the selection of any member, he shall not be selected.
* All meetings of selection committee shall be video recorded and shall be made public
The Prime Minister shall recommend the names finalized by the
selection committee to the President immediately, who shall order such
appointments within a month of receipt of the same.
Powers and Functions of Lokpal
The bill proposes Lokpal to receive complains under Prevention of
Corruption Act, complaints of misconduct, grievances and complaints from
whistle-blowers. The Lokpal shall also provide protection to whistle blowers.
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Evevents in support of the bill
December 2010 : The bill is drafted and sent to government.
March 13, 2011 (2011-03-13): A group of Delhi residents dressed in white shirts and t-shirts took a
four-hour drive around the city to drum up campaign against corruption and support the Jan Lokpal Bill.
April 4, 2011: Anna Hazare, the anti corruption activist leader announces fast unto death till Jan Lokpal Bill enacted
April 5, 2011: Around 6,000 Mumbai residents joined Anna Hazare for a one-day fast to
support the demand for implementation of the Jan Lokpal Bill.
April 12, 2011 : Hazare have announced to begin Jail Bharo Andolan on April 12, 2011 if Bill is not passed.
August 16, 2011: Anna Hazre, who was scheduled to hold a fast against corruption in JP Park was taken into custody sent
Tihar Jail. Anna Hazare spent three night in Tihar Jail from 16th August, 2011 to 18th August 2011
August 19, 2011: Government allowed Anna Hazare to stage a 15-day hunger strike in Ramlila Maidan.
August 24, 2011: Anna Hazare’s fast enters ninth day in Ramlila Maidan in New Delhi.
August 24, 2011: The all-party meet on the Lokpal Bill ended
without any consensus between the various factions .
August 25, 2011: Prime Minister Manmohan Singh appealed to
Anna Hazre to end his public hunger strike and
proposed that parliament debate his demands after an apparent breakdown in talks with Anna.
August 26, 2011: Anna Hazare’s fast enters tenth day in Ramlila Maidan in New
Delhi
August 27, 2011: Anna
Hazare told the cheering crowds at Ramlila ground that he would end his hunger strike now that parliament had taken the
first step to frame a strong Lokpal Bill.
August 28, 2011:Anna Hazare ended his fast on the 13th day by drinking cocunut water and
honey.
Anna Hazre in Ramlila Ground |
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Anti-corruption row
* Following a hunger strike by Anna Hazare in April, the government agreed to draft the Jan Lokpal (Citizens' Ombudsman) bill
* The final bill incorporated 34 of the 40 principles set out by Mr Hazare, but he and other activists rejected it
* Mr Hazare said the ombudsman should have power to investigate prime
minister and senior judges; the government refused
* Mr Hazare wanted the ombudsman to be able to investigate MPs accused
of taking bribes to vote or ask questions in parliament; the government said such probes should be carried out by MPs |
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