Anna Hazare and the Jan Lokpal Bill

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"Money alone doesn't bring development,but it certainly brings corruption"                                                                                                             - Anna Hazare

Most of you would be knowing about the Anna Hazare and the extreme step he has taken, a fast unto death, to fight against corruption and many of you would still be unaware about Hazare's resolve. This new post is to support his resolve for a national cause, to uproot corruption which has reached, which is now at an alarming level in India, at the Center, in the States, in public offices and at each and every government units. The government has been contaminated and is infected with this plague of corruption, which has tainted or nation for long, and has to stopped at any cost.

Kisan Bapat Baburao Hazare popularly known as Anna Hazare has taken this burden of cleaning the rot by going on an indefinite fast from April 5th onwards, demanding a better anti corruption law-The Jan Lokpal Bill. Now before giving any details about what this bill is I want to mention something which I saw on facebook tonight. There are a few people who are doubting the credibility of Anna Hazare claiming that this strike is just to gain popularity and publicity and the bill is just to fulfill his greed. I would call that Social Blasphemy. Anna Hazare who received Padmashri award in 1990 & Padmabhushan award in 1992 by the Government of India and Jit Gill Memorial Award for Outstanding Public Service by the World Bank in 2008 is already a well known public figure. He is a self made person working for social developments, village reforms, against untouchability and corruption and for Right to Information, influencing people where ever he went and gathering followers and supporters, ofcourse a publicity stunt like this would exponentially increase his TRP not that he is in ned of it :).

On analyzing the present system of ours we would find that it is stuffed with lot of deficiencies which triggered the domino of corruption, causing pain and suffering to the people directly or indirectly. Some conclusions drawn -  

1. No politician or senior officer ever goes to jail even after huge evidence. The investigation is too long giving them sufficient freedom. the best examples are of P.J. Thomas, A Raja and Narendre Modi.    
2. Rarely corrupt officer is dismissed from the job because Central Vigilance Commission, which is supposed to dismiss corrupt officers, is only an advisory body. Whenever it advises government to dismiss any senior corrupt officer, its advice is never implemented. The previous Central Vigilance Commissioner P.J. Thomas, recently removed, himself had a CVC case against him.    
3. No action is taken against corrupt judges because permission is required from the Chief Justice of India to even register an FIR against corrupt judges.      
4. Citizens face harassment in government offices. Sometimes they are forced to pay bribes. One can only complaint to senior officers. Rarely action are taken on complaints, etc,

Anna Hazare demands to setup an institution called Lokpal at the center and Lokyukta in each state to protect the people from corruption. It will be an independent body, completely independent from the government such that no bureaucrat or politician can influence in its process, just like the Supreme Court. The Anti Corruption Branch(ACB) and the CBI will be merged with it. They will have power to initiate investigations and prosecution against any officer or politician or judge without needing anyone’s permission. Investigation should be completed within 1 year and trial to get over in next 1 year. Within two years, the corrupt should go to jail. It will consist of ten members and one Chairperson,half from the government and half civil representatives (retired judges). 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 after 42 years its still pending. 

The government has already proposed its own Jan Lokpal bil, lamely trying to appease the people of India. An elaborate difference between the Government's Jan Lokpal Bill and Anna Hazare's demand, who is representing the civil society, as given by India Against Corruption, are as follows-

Comparison of Government’s Lokpal Bill with Civil Society’s Lokpal Bill

S No	Government’s proposal	Civil Society proposal
1.	Lokpal will not have any power to either initiate action suo motu in any case or even receive complaints of corruption from general public. The general public will make complaints to the speaker of Lok Sabha or chairperson of Rajya Sabha. Only those complaints forwarded by Speaker of Lok Sabha/ Chairperson of Rajya Sabha to Lokpal would be investigated by Lokpal. This not only severely restricts the functioning of Lokpal, it also provides a tool in the hands of the ruling party to have only those cases referred to Lokpal which pertain to political opponents (since speaker is always from the ruling party). It will also provide a tool in the hands of the ruling party to protect its own politicians.	Lokpal will have powers to initiate investigations suo moto in any case and also to directly entertain complaints from the public. It will not need reference or permission from anyone to initiate investigation into any case.
2	Lokpal has been proposed to be an advisory body. Lokpal, after enquiry in any case, will forward its report to the competent authority. The competent authority will have final powers to decide whether to take action on Lokpal’s report or not. In the case of cabinet ministers, the competent authority is Prime Minister. In the case of PM and MPs the competent authority is Lok Sabha or Rajya Sabha, as the case may be. In the coalition era when the government of the day depends upon the support of its political partners, it will be impossible for the PM to act against any of his cabinet ministers on the basis of Lokpal’s report. For instance, if there were such a Lokpal today and if Lokpal made a recommendation to the PM to prosecute A. Raja, obviously the PM will not have the political courage to initiate prosecution against A. Raja. Likewise, if Lokpal made a report against the PM or any MP of the ruling party, will the house ever pass a resolution to prosecute the PM or the ruling party MP? Obviously, they will never do that.	Lokpal is not an advisory body. It will have the powers to initiate prosecution against any one after completion of investigations in any case. It will also have powers to order disciplinary proceedings against any government servant.
3	The bill is legally unsound. Lokpal has not been given police powers. Therefore Lokpal cannot register an FIR. Therefore all the enquiries conducted by Lokpal will tantamount to “preliminary enquiries”. Even if the report of Lokpal is accepted, who will file the chargesheet in the court? Who will initiate prosecution? Who will appoint the prosecution lawyer? The entire bill is silent on that.	Lokpal would have police powers. It will be able to register FIR, proceed with criminal investigations and launch prosecution.
4	The bill does not say what will be the role of CBI after this bill. Can CBI and Lokpal investigate the same case or CBI will lose its powers to investigate politicians? If the latter is true, then this bill is meant to completely insulate politicians from any investigations whatsoever which are possible today through CBI.	That part of CBI, which deals with cases of corruption, will be merged into Lokpal so that there is just one effective and independent body to take action against corruption.
5	There is a strong punishment for “frivolous” complaints. If any complaint is found to be false and frivolous, Lokpal will have the power to send the complainant to jail through summary trial but if the complaint were found to be true, the Lokpal will not have the power to send the corrupt politicians to jail! So the bill appears to be meant to browbeat, threaten and discourage those fighting against corruption.	Deterrence has been provided against frivolous complaints in the form of financial penalties against the complainant, however, Lokayukta is empowered to prosecute the corrupt and take disciplinary action against them.
6	Lokpal will have jurisdiction only on MPs, ministers and PM. It will not have jurisdiction over officers. The officers and politicians do not indulge in corruption separately. In any case of corruption, there is always an involvement of both of them. So according to government’s proposal, every case would need to be investigated by both CVC and Lokpal. So now, in each case, CVC will look into the role of bureaucrats while Lokpal will look into the role of politicians. Obviously the case records will be with one agency and the way government functions it will not share its records with the other agency. It is also possible that in the same case the two agencies arrive at completely opposite conclusions. Therefore it appears to be a sure way of killing any case.	Lokpal will have jurisdiction over politicians, officials and judges. CVC and the entire vigilance machinery of government will be merged into Lokpal.
7	Lokpal will consist of three members, all of them being retired judges. There is no reason why the choice should be restricted to judiciary. By creating so many post retirement posts for judges, the government will make the retiring judges vulnerable to government influences just before retirement as is already happening in the case of retiring bureaucrats. The retiring judges, in the hope of getting post retirement employment would do the bidding of the government in their last few years.	Lokpal would have ten members and one Chairperson. Out of them four need to have legal background (they need not be judges). Others could be from any background.
8	The selection committee consists of Vice President, PM, Leaders of both houses, Leaders of opposition in both houses, Law Minister and Home minister. Barring Vice President, all of them are politicians whose corruption Lokpal is supposed to investigate. So there is a direct conflict of interest. Also selection committee is heavily loaded in favor of the ruling party. Effectively ruling party will make the final selections. And obviously ruling party will never appoint strong and effective Lokpal.	Selection committee consists of members from judicial background, Chief Election Commissioner, Comptroller and Auditor General of India and international awardees (like Nobel prize winners and Magsaysay awardees of Indian origin). A detailed transparent and participatory selection process has been prescribed.
9	Lokpal will not have powers to investigate any case against PM, which deals with foreign affairs, security and defence. This means that corruption in defence deals will be out of any scrutiny whatsoever. It will become impossible to investigate into any Bofors in future.	There is no such bar on Lokpal’s powers.
10	Whereas a time limit of six months to one year has been prescribed for Lokpal to enquire, however, subsequently, there is no time limit prescribed for completion of trial.	Investigations should be completed within one year. Trial should get over within the next one year.
11	It does not deal with corruption of Bureaucrats. Corrupt bureaucrats continue in their job without any actions against them.	Lokpal will have power to direct disciplinary action, including dismissal of a corrupt officer from job.
12	It does not talk of investigation of complaints against judges	Lokpal will have powers to initiate investigations on complaints of corruption against judges.
13	Speaker would decide which complaints shall be enquired into by Lokpal.	Lokpal will not be able to dismiss any complaint from public without hearing the complainant.
14	Our entire governance system suffers from inadequate public grievance redressal systems, which force people to pay bribes. Lokpal bill does not address this issue.	Lokpal will have the powers to orders redressal in a time bound manner. It will have powers to impose financial penalties on guilty officers, which would be paid to complainant as compensation.
15	Large number of people raising their voice against political corruption are being murdered. Lokpal does not have any powers to provide protection to them.	Lokpal will have powers to provide protection against physical and professional victimization of whistleblowers.
16	Nothing has been provided in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.	Loss caused to the government due to corruption will be recovered from all accused.
17	Under the present law, there is Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.	Enhanced punishment - The punishment would be minimum 5 years and maximum of life imprisonment.

 

Some questions might have aroused in your mind like, 

How will it help the common people ?

-> 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.

  

What if the government appoints corrupt and weak people as Lokpal members?  

-> Well that won’t be possible because its members will be selected by judges, citizens and constitutional authorities through a completely transparent process and not by politicians. 

and the mostimportant and crucial question,

What if some officer in Lokpal becomes corrupt? 

-> As already said, the entire functioning of Lokpal will be completely transparent and any complaint against any officer of Lokpal will be investigated and the officer will be dismissed.

Wit Anna Hazare leading from the front, the other important people supporting him are- Swami Agnivesh, Baba Ramdev, Sri Sri Ravi Shankar, Kiran Bedi, Arvind Kejriwal and many others.

With in three days Anna has lost 1.5 kg weight and we do not know how long this strike will continue, which will ofcourse depend on the stubbornness of the government, reluctance of the bureaucrats and negligence of the politicians. I am sure if this bill is passed India will again be liberated, it will rise from the burnt ashes of corruption like a phoenix and soar high, regaining its lost pride, making us citizens more proud. 

Dont you give up on him, dont lose HOPE on him, on his effort for a national cause. For our nation, for a corruption free State, support Anna Hazare.

 * If you still havn't called then please call this number 02261550789(Its Toll Free !!! ). If you call on this number you would be supporting Anna's cause for India Against Corruption.