Jan Lokpal- difference from govt. proposed bill, some common questions and how will it help us (aam-aadmi)?


After watching this video(http://www.youtube.com/watch?v=2CHcKlIsvAQ&feature=related), I was inspired to actually understand Lokpal better and writing here what all I could find on internet:

Difference between Government proposed Lokpal Bill and Jan Lokpal Bill proposed by Arvind Kejriwal et al:
  1. Nature of Lokpal: The government wants Lokpal to be an advisory body, which will only forward its enquiry report to the competent authority for action like CVC is merely an advisory body. Central Government Departments seek CVC’s advice on various corruption cases. However, they are free to accept or reject CVC’s advice then why the heck are the making Lokpall? Just rename CVC to Lokpals. Although CBI can register FIR and file case but it has to take permission from government department before registering an FIR, why would departments give permissions when we all know corruption is from top to bottom in most cases? The Jan Lokpal Bill proposes powers to initiate prosecution after completion of investigations. 
  2. Policing powers of Lokpal: The government's Lokpal will not have any police powers and it will not be able to register an FIR. Just like CVC cannot direct CBI to initiate enquiries against any officer of the level of Joint Secretary and above on its own. The CBI has to seek the permission of that department, which obviously would not be granted if the senior officers of that department are involved and they could delay the case or see to it that permission would not be granted.The Jan Lokpal proposes police powers and would be able to register FIR, proceed with criminal investigations and launch prosecution.
  3. PM funda: The government's Lokpal won't have powers to investigate any case against PM, which deals with foreign affairs, security and defence. But the Jan Lokpal Bill proposes no such bar on Lokpal's powers. As Arvind Kejriwal says, "if an level B officer in income tax can examine PM's income and impose penalty, why not a Lokpal?" Considering the fact that in scams like Bofors etc PM was also in suspicion, one must also have measures to check his powers!
  4. Jurisdiction of Lokpal: The government's Lokpal will not have jurisdiction over bureaucrats and government officers. The Jan Lokpal will have jurisdiction over politicians, officials and even judges. It also proposes merging the entire vigilance machinery into Lokpal. Talking about Judges, an ordinary person can not file an FIR understandandingly so else everyone will keep on filing against judges. But what is wrong is that only chief justice of India ca allow an FIR against the Judge, who has done only twice in last two decades. 

Some questions:
  • 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.
  • 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.
  • Parrallel government or tyranny? Has Supreme Court and Election Comission turned into parrallel government? Then how can an officer: Lokpal- who can only investigate and file case upon complaint and can himself be dismissed by Supreme count, turn into parrallel government?

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. 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. 

(Sources: http://www.indiaagainstcorruption.org and http://www.box.net/shared/k9bz7pfzj6q6s0us9mil)

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