CONTEMPORARY ISSUE ON SEMINAR A STUDY

janlokpal- INDIA AGAINST CORRUPTION

Session: 201113
Presented at

Submitted By: Devesh Dubey MBA II Sem.

Submitted To:Mrs. Kajal Sitlani

ACKNOWLEDGEMENT

I express my sincere thanks to my project guide Mrs.Kajal Sitlani for guiding me right from the inception till the successful completion of the project. I sincerely acknowledge her for extending their valuable guidance, support for literature, critical review for project and the report and above all the moral support she provided me with all stages of this project. I would also like to thank the supporting facilities of my institute, department for their help and co-operation throughout my project.

Devesh Dubey MBA PART-1 Sem.-II

PREFACE

The underlying aim of the seminar on contemporary issue as an integral part of MBA program is to provide the students with practical aspects of the JANLOKPAL BILL. Such type of presentation helps a student to visualize and realize about the congruencies between the theoretical learning in the newspapers and actual followed by the government. It gives the knowledge of application aspect of the theories learnt in the classroom. The seminar project in Janlokpal- India against Corruption is a complete experience in itself, which provide me with the understanding. This has become as inspirable of my knowledge of government corruption management being learned in MBA program.

Aim:
This Research aims to assess and analyse the Jan Lokpal Bill and other contextual things, so as to give a critique of it. Objectives: 1. To ascertain the flaws in the existing machinery to prevent corruption 2. To ascertain the need of the Jan Lokpal Bill 3. To know and unearth the fortes and debilities of the Jan Lokpal Bill 4. To attempt to find out the probable panacea to the debilities of the Jan Lokpal Bill.

Hypothesis:
This Research proceeds with the Hypothesis that a strong Lokpal can make a difference to the existing scenario, however it all depends on effective implementation and the cancer of corruption can be cured by overhauling the existing anti-corruption machinery and the strong will of the people to fight against it . Scope: This study is delimited to the critique of the Jan Lokpal Bill .This study focuses on the existing Anti-Corruption Machinery and the flaws in it which necessitates the need of Jan Lokpal .

Limitation:
The researcher due to paucity of time , resources and limitations of personal capacity could not verify, elucidate and unearth exhaustively about the institution of Lokpal and this work has been delimited to derive a critique of the Jan Lokpal Bill.

TABLE OF CONTENT Introduction

Chapter 1: Current Socio-Political Scenario in India Chapter 2: Need for Jan Lokpal -Why we need lokpal bill? - Existing Anti-Corruption Machinery in India and the Flaws in it - Present Position of the Jan Lokpal Bill Chapter 3: Critique of Jan Lokpal Bill -Structure of Jan Lokpal -Action against Corrupt people -Lokpal and the Common man -Corruption within Lokpal - Lokpal a super cop -Public Grievances and Lokpal Chapter 4: Impact on Indian Eonomy -Why is Govt. against it? -Economic cost of Anna Hazare. -Economic facilitatory Imp. -The cost of black money. Chapter 5: Criticism and unrealistic claims of Jan Lokpal. Chapter 6: Conclusion.

Chapter 7: Bibliography.

Introduction
The word Lokpal has been appearing in newspapers for the past few months highlighting the issue of corruption and making it a common staple item of discussion of every household. As per the reviews and comments published in various dailies it appears, that the whole country is united on making a strong Lokpal and punishing the corrupt. The people of this country are fed up with levels of corruption and they want their dues which is still oblivious due to corruption. This work elaborates about the ongoing Socio-Political milieu in India; especially the string of scams like 2G Scam, Common Wealth Scam, Isro Scam and not to forget the legendary scams like the Bofors Gun Deal, Urea Scandal, Telecom Scandal, Hawala cases, Coffin scam etc. seeing the light everyday. This work dwells into the working of anti-corruption machineries like Central Vigilance Commission, Department Vigilance, CBI in the central system as well as Department Vigilance and the Lokayuktas at the state level. This work highlights the flaws and the debilities in the working of the existing anti-corruption machineries like the lack of independence , only advisory powers, multiplicity of agencies, lack of transparency and internal accountability. The researcher tries to unearth and ascertain the need of a Jan Lokpal. The Jan Lokpal Bill asserts on the independence of Jan Lokpal and Jan Lokayukta , asserts for time bound investigations and trial of offenders, confiscation of assets etc.. It explicits the mechanism to provide relief to a common man against bribery through Vigilance officers. The Bill checks the ill tendencies of Jan Lokpal members and chair person. It proposes a novel method to start trial against Supreme court and High court judges. One of the most interesting thing is the control of Jan Lokpal or Jan Lokayukta over PM and respective CMs and bureaucrats. Whistle blowers play an important role in unearthing corruption and they require protection against the evil elements of the society. Jan Lokpal Bill contemplates provisions and machinery for their protection. However, there

are apprehensions that it may turn out to a super-cop or it may also turn up as just another piece of legislation. This work deals with all the above aspects of Jan Lokpal as well as tries to give a critique of the Jan Lokpal Bill. The researcher has attempted to find probable solutions to the debilities of this bill as well as to the mammoth issue of corruption prevailing in every walk of life.

Current Socio-Political Scenario in India

Corruption and hypocrisy ought not to be inevitable products of democracy, as they undoubtedly are today .Mahatma Gandhi Corruption has become a way of life in India and is surviving from the primordial societies. It always existed in the society in one form or another. It is omnipresent and none can claim immunity. Every society condemns it and makes it punishable. The scope of corruption was limited in the past but with the progress of societies and the development of public administration it has spread to all the activities of society. Ex-President Dr. Radhakrishnan once remarked Corruption is as evil which has to be fought on all fronts, at all levels. David H. Bayley says: corruption is a general term covering misuse of authority as a result of considerations of personal gain which need not be monetary. The plague of corruption has engulfed the whole of India and has made a mockery of democracy, hindering the enforcement of even the basic human rights. A look at the various dailies reveal that many people in India go hungry to bed but the government does nothing about rotting food grains across the various go downs all over the country. The courts are clogged with so many cases that justice delivery system has become a farce. The executive has become insensitive to the need of the masses whish has led to judicial activism. The legislators a busy making money out of their political adventures and have turned their backs on the people of this country. In this era of hopelessness and despair, Anna Hazare launched a movement to make a strong Jan Lokpal and the whole India joined and backed his movement. The Govt. had to accept his contentions looking at the mass support which backed him.However in the course of time, the govt. backed out and refused

to agree with all the demands and now the situation is that the govt. is hell bent on not implementing the Jan Lokpal Bill but rather implementing governments version of Lokpal which will be just another piece of legislation and a facade and will make no change to the existing situation. Currently the situation is that all eyes and ears are on Anna Hazare and his team and their plan of action, for after a long long time the people of India have found a leader in which ,they Believe.

Need for Jan Lokpal

There are several deficiencies in our anti-corruption systems because of which despite overwhelming evidence against the corrupt, no honest investigation and prosecution takes place and the corrupt are hardly punished. The whole anti-corruption set up ends up protecting the corrupt. Our anti-corruption agencies have basic structural deficiencies because of which they are incapable of doing any honest investigations.

Flaws in the Existing anti-corruption machinery

The following four deficiencies stand out in our anti-corruption system. a. Lack of Independence: Most of our agencies like CBI, State Vigilance Departments, Internal Vigilance Wings of various departments; AntiCorruption Branch of State Police etc are not independent. In many cases, they have to report to the same people who are either themselves accused or are likely to be influenced by the accused. For instance, The Chief Minister of Punjab is the Minister in charge of Vigilance Department of Punjab. Interestingly, the same vigilance department is also investigating charges of corruption against himself and his family and is prosecuting them. Can we expect the vigilance department to do any honest investigations or prosecution? b. Advisory Powers: Some bodies like CVC or Lokayuktas are independent, but they do not have any powers. They have been made advisory bodies. They give two kinds of advise to the governments to either impose departmental penalties on any officer or to prosecute him in court. Experience shows that whenever any minister or a senior officer is involved, their advice is rarely followed. c. Multiplicity of Agencies: Governments have deliberately created plethora of anti-corruption agencies and given them fractured mandates. This has been done to render them ineffective. At central government level, in the same case of corruption, CVC is supposed to look into the vigilance angle of senior bureaucrats and departmental vigilance is supposed to look into the role of junior

bureaucrats. As if junior and senior bureaucrats indulge in corruption separately. Again in the same case, whereas these two agencies enquire into the matter from vigilance angle, CBI investigates into the same matter from criminal angle i.e corruption angle. Now, the vigilance and corruption angles are almost the same. The two agencies broadly do the same enquiries and investigations. According to the Lokpal model proposed by Government of India, CVC will enquire into the role of bureaucrats and Lokpal will look into the role of politicians, as if politicians and bureaucrats indulge in corruption separately. Firstly, this kind of fractured mandate creates confusion. Secondly, enquiries and investigations into any case go on and on for years. For instance, in street lighting case of Common Wealth Games, first an enquiry was done by CVC, then CBI investigated into the same case and then it was again enquired into by Shunglu committee. Thirdly, if two agencies arrive at conflicting conclusions on the same case, it only weakens the case against corrupt people. The final beneficiaries of this confusing system are the corrupt people who never get punished. d. Lack of Transparency and Internal Accountability: In addition, there is the problem of internal transparency and accountability of these anticorruption agencies. Presently, there isnt any separate and effective mechanism to check if the staff of these anti-corruption agencies turns corrupt. That is why, despite so many agencies, corrupt people rarely go to jail. Corruption has become a high profit zero risk business. There is absolutely no deterrence against corruption. Our anti-corruption laws also have several critical deficiencies, which end up protecting the corrupt. For instance, Even if a corrupt person is sent to jail, there is no provision in law to confiscate his ill gotten wealth or to recover the loss caused by him to the government due to his corrupt practices. Before initiating investigations or prosecution into any case, permission has to be taken from some officer or minister in charge of the same department. In many cases, they themselves are directly or indirectly involved in that case. Therefore, there seems to be too much protection for the corrupt people. There are many other deficiencies in our anti-corruption laws. The above have been mentioned only by way of illustration. Jan Lokpal Bill seeks to address these deficiencies in anyone. Hence, considering all these aspects we are in great need of new Jan lokpal bill for controlling over corruption or scams.

Why we are in need of lokpal bill. It is really an interesting question often asked by many eminent personalities. I do agree that there are many laws to curb corruption but everything went in vain because the power vested with the authorities who are the most culprit in the field of corruption. If we go through the lokpal bill in the past, no powers vested with the committee and the committee acted as an advisory board to the prime Minister. All powers reserved with him only which may possible to impose on the culprit. The lokpal committee was considered as a dead body with no soul. So, considering all the drawbacks and shortcomings in the past lokpal bill it was again composed by Santosh Hegde- former supreme court judge, Prashant Bhusan -lawyer of supreme court, Arwind Kejriwal and given the present shape. On the basis of this, a Jan lokpal bill drafting committee was setup by the government of India by analysing all possible ways for the better ways to curb corruption. Generally, all corruption cases were forwarded to either CBI or CVC for the commencement of investigation. The most amusing factor is that these investigating agencies are under the control of the Central Government whom they are going to investigate the corruption cases. So, in many cases the CBI(Central Bureau of Investigation) or CVC (Chief Vigilance Commission) failed in their attempt because they cannot go against the government. It is also a great evidence that those CBI officer who tried their best to take action against the Ministers are immediately transferred to some other area leaving and handing over the case to someone who can act in favor of the Minister or politicians. Hence, considering all these aspects we are in great need of new Jan lokpal bill for controlling over corruption or scams.

Present Position of the Jan Lokpal

The Indian Lokpal is synonymous to the institution of Ombudsman existing in the Scandinavian countries. The office of the ombudsman originated in Sweden in 1809 A.D., and adopted eventually by many nations 'as a bulwark of democratic government against the tyranny of officialdom'. Ombudsman is a Swedish word that stands for "an officer appointed by the legislature to handle complaints against

administrative and judicial action. Traditionally the ombudsman is appointed based on unanimity among all political parties supporting the proposal. The incumbent, though appointed by the legislature, is an independent functionary independent of all the three organs of the state, but reports to the legislature. The Ombudsman can act both on the basis of complaints made by citizens, or suo moto. She/he can look into allegations of corruption as well as mal-administration. In India the Jan Lokpal Bill (also referred to as the citizens' ombudsman bill) is a proposed anti-corruption law designed to effectively deter corruption, redress grievances and protect whistleblowers. The law would create an ombudsman called the Lokpal, this would be an independent body similar to the Election Commission of India with the power to investigate politicians and bureaucrats without prior government permission. A compromise bill, merging the Government's version and that of the civil group's version (Jan Lokpal), is being drafted by a committee of five Cabinet Ministers and five social activists. As of August 2011, the most current version of the bill is version 2.3, according to the government website.

Critique of the Jan Lokpal Bill

1. Structure of Jan Lokpal As the bill Proposes that, at the level of Central Government, an institution called Jan Lokpal should be set up. Likewise, in each state, Jan Lokayukta should be set up. Jan Lokpal will accept corruption complaints against Central government departments and Jan Lokayukta will accept complaints against departments of respective state government. Each of these bodies will have 10 members and one Chairperson. a. Independence of Jan Lokpal and Jan Lokayukta Jan Lokpal and Jan Lokayukta would be completely independent of the governments. Their independence would be ensured through following measures b. Financial Independence

Their expenses will be charged to the Consolidated Fund of India/State. They will be provided whatever expenses they require c. Manpower They will have powers to assess their manpower requirements and employ them either from existing government servants (who can come on deputation basis) or directly from the market. d. Single Anti-Corruption Agency Anti-corruption branch of CBI, CVC and departmental vigilance wings will be merged into Lokpal. Anti-Corruption Branch of Police, state vigilance departments would be merged into Jan Lokayuktas. In 1986,when Karnataka Lokayukta was created, all existing anti-corruption and vigilance agencies in the state were merged into Lokayukta. Presently, we have institutions of Lokayuktas in 18 states. They are merely advisory bodies. They neither have resources nor powers. They will be replaced with Jan Lokayuktas through Jan Lokpal Bills. e. No more Advisory Bodies Jan Lokpal and Jan Lokayukta will not be advisory bodies. They will have powers to start investigation or prosecution in any case. For that, they will not need permission from any government agency. Jan Lokpal and Jan Lokayukta will also have powers to impose departmental penalties on bureaucrats.

2. Action against Corrupt people

There is corruption at all levels in panchayat works, in construction of roads, in NREGA, mid day meals, rations, 2G spectrum, leasing of mines, Common Wealth Games etc Jan Lokpal will ensure that corrupt people are punished through the following provisions. a. Time bound Investigations Investigation in any case of corruption will have to be completed within one year. Jan Lokpal or Jan Lokayukta will have powers to employ more

officers, if required, to complete investigations in time. After investigations, Lokpal or Lokayukta shall take two actions : 1.Dismiss corrupt officers: After investigations, if adequate evidence is found, then after giving an opportunity of being heard, Jan Lokpal or Jan Lokayukta will have powers to remove a government officer from job or to impose any other departmental penalties like reduction in rank, stopping promotion etc. These orders could be challenged in High Court. b. Time Bound Trial In addition to imposing departmental penalties, if a case is made out, Jan Lokpal or Jan Lokayukta will file a case in trial court. The court will have to complete the trial and announce punishment within next one year. If required, Jan Lokpal or Jan Lokayukta will have powers to direct the government to set up additional courts to complete the trial in time. c. Recovery of Loss Loss caused to government During investigations, if there is strong evidence against corruption, Jan Lokpal or Jan Lokayukta shall ban the transfer of assets of the accused or the assets of those who would have benefitted from the accused. At the time of conviction, the court will assess the loss caused by the accused to the government. This loss will be recovered from these assets and as land revenue. (Currently, there is no provision in our law to recover the bribes earned by corrupt people or the loss caused by them to the government). d. Confiscation of Assets Each bureaucrat, politician and judge would be required to submit a statement of moveable and immoveable assets owned by him and his family on an annual basis, which will be put on the official website. If an asset is subsequently found to be owned by a public servant, it would be deemed to have been obtained through corrupt means and would be confiscated. Prosecution proceedings would be initiated against the accused. Similarly, after each election, the Jan Lokpal will verify the assets declared by each candidate. If undeclared assets are found, a case will be registered and investigations started.

e. Increased punishment for Corruption Presently, the maximum punishment for corruption is seven years, which is believed to be very less. This is proposed to be increased to life sentence. Illegally obtained benefits are deemed to be obtained through corruption. In the current system, if anyone obtains any benefit from the government illegally, it is difficult to prove that he did so by paying bribes. Therefore, it has been provided in Jan Lokpal Bill that if a person obtains any benefit from the government in violation of a law or rules and regulations, that person along with concerned public servants shall be deemed to have indulged in corrupt practice. f. Power to punish if its orders are not followed If orders of the Jan Lokpal or Jan Lokayukta are not obeyed, it will have the powers to impose financial penalties and also initiate contempt proceedings against the guilty officials. We believe that as soon as a few penalties get imposed upon the Head of any Department. The officers of any department against whom financial and departmental penalties have been imposed may appeal against it in High Court. If a citizen is not satisfied with the action taken by Vigilance officer, he could appeal to the Chief Vigilance officer in Lokpal or Lokayukta. The Vigilance Officer will have to solve the grievance in 30 days, Impose penalty on the guilty officers which will be given to the Complainant as compensation. Start investigations of corruption against guilty officers. When a complaint of violation of citizens charter reaches a Vigilance Officer, it will be deemed to have corruption angle. If PGO doesnt satisfy the complainant, then a complaint can be made to the vigilance officer of Jan Lokpal and Jan Lokayukta. Lokpal will have a vigilance officer in each district and Lokayukta will have it in each block. PGO will redress the complaint within 30 days maximum. If Charter is not followed, then people can complain to the Head of that department who will be designated as the Public Grievance Officer (PGO) .Each government department will have to make a Citizens Charter telling who does what job and in how much time.

For instance, the charter will have to mention which officer will make ration card and in what time, which officer will make a passport and in how much time etc. 3. Lokpal and the Common man Today, a common man has to pay bribe to get any work done in any government department like making ration card or passport or getting income tax refund or old age pension etc. Jan Lokpal and Jan Lokayukta will provide relief to a common man against such day to day corruption. He/She will put adequate systems in place and ensure that no grievances take place in future. Citizen applies to concerned officer Citizen in some dept complains to If work not done satisfactory If grievance not solved according to HOD or senior citizens charter within time limit of citizen charter officer (Public in 30 days to get some work Grievance done Officer, PGO) Vigilance Officer gets Appeal to grievance solved in 30 days. Chief Citizen complains to a Vigilance days, imposes penalties on Citizen still Vigilance Officer in Lokpal guilty officers which will be dissatisfied officer given as compensation to citizen, imposition of departmental penalty on guilty officers by a bench of Lokpal. Lokpal will publish every month on its website the status of cases received, disposed, closed, reasons for closure and the list of cases pending. The functioning of Jan Lokpal and Jan Lokayukta will be completely transparent. All records will be open to the public, barring those which will affect national security or security of the whistle blower. Those which will impede the process of investigation may be withheld during investigations but these records will also have to be disclosed after conclusion of investigations. Every complaint to Jan Lokpal or Jan Lokayukta shall have to be compulsorily disposed. No complaint could be rejected without giving a hearing to the complainant. If any case is closed, all records related thereto shall be made public Jan Lokpal and Jan Lokayukta will then select and appoint its own officers and staff. All meetings of the Search Committee and Selection Committee shall be video recorded and will be made public. The Search Committee will invite recommendations from various eminent people (like journalists, academics, etc). These names will be put up on a

website and public feedback invited. The search committee will then, by consensus, choose 3 times the number of vacancies. This list will be forwarded to the Selection Committee which will then make final selections through consensus. The Search Committee is a 10-member committee formed as follows: First, the Selection Committee selects five members from retired Chief Election Commissioners and retired CAGs. However those CECs and CAGs who have any substantive allegation of corruption against them or who have joined any political party after retirement or who are still in any government appointment shall not be eligible. These 5 members will then select another 5 members from the civil society to make the 10-member Search Committee. The 10 members and the chairperson of Jan Lokpal will be selected by a Selection Committee that would comprise of the PM, Leader of the opposition in Lok Sabha, two youngest judges of Supreme Court (SC), two youngest Chief Justices of High Courts, Comptroller and Auditor General (CAG) and the Chief Election Commissioner (CEC). The Selection Committee will make the above appointment from a pool of shortlisted candidates that has been identified by a Search Committee.

a. How it will hurt Indias poor.

Having a Lokpal on your street corner will drive away the chaiwallah which can only make people worse off. Its often claimed that the poor are the greatest victims of corruption. But in their frenzied zeal, are anti-corruption activists like Anna Hazare and his team and politicians such as L.K. Advani, who recently launched a 40-

day anti-corruption drive called the Jan Chetna Yatra, missing the forest for the trees? Its certainly true that certain forms of corruption, such as in the Public Distribution System, do hurt the poor, its principal beneficiaries. But theres more to the story, and thats to do with the opportunity for poor people to earn a living. Ive previously argued that the Jan Lokpal Bill, which Team Anna has championed, is unlikely to curb corruption because it tackles the symptoms rather than the causes of the problem. Even if the Jan Lokpal Bill did succeed in reducing petty corruption, it would do very little to eliminate the roots of that corruption, such as stifling bureaucracy, excessive regulation and overly restrictive labor laws. Therein lies the problem. Choking off corruption without solving the problems that created it in the first place could have serious unintended consequences that paradoxically may do more harm than good, especially for the poor the people these causes are supposed to help. Take a simple example: In my neighborhood, and probably yours, the bulk of local economic activity constitutes what economists call the informal sector. This refers to activity that is outside formal employment contracts or legally registered businesses. In India, the informal sector accounts for a whopping 91% of the total workforce. A large chunk of this is accounted for by agricultural labor, as well as part-time, unofficial workers in the manufacturing and service industries who are kept off the books so as to avoid bureaucratic and legal problems. Theres also, of course, the urban informal vendors and domestic laborers that we encounter every day. 4. Corruption within Lokpal

Firstly, by ensuring that the right person is selected for this role! Selection process for the members and Chairperson of Jan Lokpal and Jan Lokayukta has been kept transparent, broad based and participatory. Secondly, by ensuring that they work well!! Thirdly, by ensuring that Jan Lokpal and Jan Lokayukta are not influenced . The Chairperson and members will not be eligible for appointment to any position in the government or for contesting elections after they leave office. Fourthly, by ensuring that if not working well, they can be removed (i) Removal of corrupt staff in Lokpal or Lokayukta Complaints of corruption against the staff could be made to an independent platform, which will be setup in each Commission or at the level of each state and at national level. These complaints will be inquired into within a month. If the allegations are proved, the corrupt staff will be dismissed from the job in the next one month and a criminal case will be registered under various sections of Indian Penal Code and Prevention of Corruption Act. (ii) Removal of Lokpal or Lokayukta members or Chairperson Complaints against members and chair person could be made to Supreme Court or respective High Court. A bench of respective Court, after hearing, may order the formation of a Special Investigation Team that will conduct an inquiry and submit its report within 3 months. On the basis of this enquiry report, the respective Court may order removal of the member or Chairperson. 5. Lokpal a super cop A myth is being created that the proposed Jan Lokpal will become a supercop and will become a threat to all democratic institutions. This is completely wrong. Let us see what does Jan Lokpal Bill proposes to do? Jurisdiction of Lokpal and removal of High Court and Supreme Court Judges

(i)Removal of a Supreme Court or High Court Judge Present system: Under the present system, a judge can be removed for misconduct by the process of impeachment specified in the Constitution of India. (ii) Investigating Cases of Corruption of Supreme Court or High Court Judges Present system: Today, if there is an allegation of corruption against any Supreme Court (SC) or High Court (HC) judge, an FIR cannot be registered and investigations cannot be started into those allegations without the permission of the Chief Justice of India (CJI). Experience shows that Chief Justices have hesitated in giving permissions, despite overwhelming evidence of corruption being presented against any judge. Even those Chief Justices, who have been well known for their honesty, did not give permissions. For instance, Mr P Chidambaram sought permission to register an FIR against Justice Sen Gupta of Kolkata High Court. Permission was sought from the then Chief Justice of India, Justice Venkatachaliah, who is very well known for his integrity. However, Justice Venkatachaliah did not give permission. Was the evidence against Justice Sen Gupta strong enough? The strength of the evidence can be gauged from the fact that Justice Sen Gupta was raided and arrested soon after he retired because after retirement, permission of CJI was not required. Similarly, the request of Campaign for Judicial Accountability and Judicial Reforms seeking to register FIR against Justice F I Rebello is pending since September 2010. Therefore, the present system of seeking permission from the CJI to register an FIR against a judge of SC or HC appears to have protected the corrupt and encouraged corruption in higher judiciary. Proposal in Jan Lokpal Bill: Lokpal, being an independent body, will have the responsibility and powers to provide protection from harm to the whistleblower and order investigation and prosecution in the case. In the event the concerned officer of Lokpal fails to provide adequate protection to the whistleblower, and the person is actually harmed, the concerned officer would face a criminal charge unless he has sufficient reason to prove his innocence. A whistleblower will have the option to seek protection from the local vigilance officer or the chairperson or the members of Lokpal, who will be required to act within stipulated times depending on the severity of the threat. The person would

have the right to seek an appointment with members of the Lokpal in person, on phone or through video conference if the whistleblower cannot practically come to the Lokpal building. In case of mental harassment, Lokpal will provide necessary protection within a maximum period of one month from the date of launch of a complaint by the whistleblower. In case of physical threat, Lokpal will provide necessary protection to the whistleblower within few hours and maximum within one week of the launch of complaint depending upon the urgency of the case. If physical harm has already happened then Lokpal will provide protection from further physical harm within 24 hours of the launch of complaint. Lokpal will also direct the police to register criminal case against the people who caused the physical harm to the whistleblower. If false cases get filed by authorities against the whistleblower, Lokpal will ensure that such cases are withdrawn. 6. Public Grievances and Lokpal This will overburden Lokpal and make it unwieldy. Under the grievance redressal system proposed in Jan Lokpal Bill, none of the complaints would directly reach the Lokpal members. It is only when the officers of a department, including its head of department fails to redress the grievance of a citizen, does the grievance reach the Vigilance officer of Lokpal. The Vigilance officer, in addition to getting the grievance resolved, will impose penalties on the officers including the head of department. It is expected that this would act as a very big deterrent and the Heads of various departments would start strengthening their systems. Also, each department would be asked to prepare their own citizens charter. They will themselves assess which items to put on citizens charter where they could make a firm commitment. However, the departments would be expected to bring all public dealing issues in citizens charter in one years time. There is an apprehension that the Lokpal will get flooded with thousands of complaints and jam its machinery. This apprehension is not correct because only those grievances which result from violation of citizens charter will be accepted. Even if we assume for the sake of argument that lakhs of grievances do come up in any place against any department, that would not jam the entire machinery of Lokpal. It could only jam the functioning of some Vigilance Officers in some departments in

some stations. If Lokpal feels that there are more VOs required, it will have the powers to appoint as many VOs as it wants.

Impact on Indian economy

The bill will definitely bring a positive impact on the indian economy. India is a country of vast economy. From the India's budget on every year around 40% of the total amount goes under corruption. So, by curbing the corruption the amount will definitely shared in the development activities .India which will improve the indian economy. Let us see how the bill will help in improving the indian economy. I must lay few example of such impact on the indian economy. 1. Bond paper selling may increase by improving the indian

economy.
Every day bond papers worth many crores are selling in the court which are used for making sale deeds or affidavit. In the land selling process, at present the seller have to fetch bond paper worth 8% of the total value of which the land is selling. To lower the bond value, the seller shows an under value in the bond but in actual he may sell the land to many lacs or crores. For example. A sells his land to B for 1000000/- (ten lacs) the bond value should be 80000/- but to reduce the cost of bond, the seller and buyer agreed to mention the amount of the land to only 200000/- (two lacs) for which it is sufficient to purchase the bond worth only 16000/- making a loss of around 64000/- to the government this is in one case. If you go through all cases, the government may lose lacs of crores every year. By the introduction of the Janlokpal bill the corruption on this issue may come to minimum level. Thus the bill will help in improving the indian economy.

2. Corruption in Contract given in the public works in India

In India, lacs of crores of rupees spending over the private contractions in the constructions of highway road, city road or village roads. From the total amount of the contract, a share was used to give to the concerned engineer, clerk, cashier and many more which directly affect the quality of the road.

This is the main reason for which a new road becomes dent and void within a duration of six months this is a great loss for the indian economy. So, curbing corruption, the quality will certainly improved as a result the indian economy will also be raised to some extent.

1. Why is Govt. against it?

The people of India is in support of Anna Hazare and they are insisting the government to enact the janlokpal bill. On the contrary, the government is deaf and dumb over the janlokpal bill issue. The ministers in the government frightened of this janlokpal bill. They felt that the bill could enable them to bring behind the bars over their past corruption charges. So, in the all party meetings held, they decided not to support the janlokpal bill as it may curb their corruption activity. The government's attitude is very much supportive for the corruption people. This attitude of government brings a drift in between the people and the government. The main differences of Janlokpal bill and the government is

a. Prime Minister should be included in the janlokpal or not.

Anna Hazare and his supporters stubborn over the issue of inclusion of Prime Minister under the lokpal but the government is strictly against the inclusion of Prime Minster over the investigation of corruption charges by lokpal.

b. Lower bureaucracy should be included in the lokpal or not.

Anna Hazare and the people of India are supporting the view of bringing the lower bureaucracy under the investigation of lokpal but the Government is against the inclusion of lower bureaucracy. Anna says the lower bureaucracy is the main headache for the poor people who are mainly depend on the lower bureaucracy. So, the corruption in the lower bureaucracy should also be curbed by bringing them under the lokpal. c. Jan Lokpal Bill would lead to a police state: Salman Khurshid India will become a police state if Anna Hazare 's version of the Lokpal bill is accepted, according to Law Minister Salman Khurshid . The suggestions made by Hazare and his team for creating a tough anti-corruption institution go "against the federal fabric of our country", says Khurshid.

2. ECONOMIC COST OF ANNA HAZARE

It is possible that the implementation of the lokpal bill could slow down Indias economic growth. Atleast initially on the short term basis there will be economic loss, though that wont be bad but what if there are long term repercussions and to me it wont come directly from the implementation of jan lokpal if and when it gets implemented. My concern is that if they get a yes here they will target other areas, like anna is already talking about land accusation, or why corporates are getting so rich or why certain people have their A/Cs in multiple crores but the others dont even get two-square meals. If their intent is one where they want to simplify systems, streamline it, make the processes more forceful and transparent, then yes we might have initial hiccups but the returns will be there in long term where the system will be less prejudice to the high and mighty, the influential people or people who can network and have their way through, and everyone will stand to benefit where you would know in advance the exact way the system will work and you then wont be able to bend the system to your benefit, and my sense is this is something that to an extent they want to achieve. The fear is, what if they make this movement a part of socialism, then what?

What does anna mean when he is pointing fingers at the business houses? What does he have in mind when he points fingers at the vast disparity in earnings of people? Does he mean people should earn the same and no one should be earning more than the other, and if people can earn more, then to what extent? What is their take on environmental issues? What is their take on mining? What is their take on industrialization and vast pieces of land required? There is a lot of answering to be done there, but if they are on the path of socialism then they are beyond a doubt going to have a bad effect on the economy. Business runs on sentiments and if the market sentiment is negative, it wont be good at all and socialism never had a good effect on the economy, as such we have suffered a lot because of that and even today when the UPA-II is trying to present a face that is one of socialism the country is losing. 3.ECONOMIC FACILITATORY IMPACT. In every major democracy around the world people look at the economic impact of any new legislationvery seriously and a significant part of the public debate is about the socio-economic effects of anyproposed law.The surprising thing about the Jan Lokpal Bill and the entire debate around it, is that no one includingpeople from the Anna Hazare team has said anything about the huge Economic Windfall that willaccrue to India if the bill becomes law. The fact that no one has looked at this aspect or quantifiedthe economic benefits of the proposed Jan lokpal legislation points to a big lacuna in our thinking.There is therefore a clear need to move beyond the emotional issues that surround the debate todayand look instead at the hard numbers in terms of expected economic and other benefits of a stronglokpal institution.This paper examines the economic and security benefits that the Jan Lokpal Bill will deliver to thenation. The main argument here is that a tough lokpal law will bring about a major change in theinvestment climate in India through transparent decision making at all levels of government . This newtransparency will then facilitate the following macro impacts over the next 15 years : A. Economic Windfall facilitated by a Strong Lokpal Institution 1. FDI flows into India will triple from 2011 levels to exceed US $ 75 Billion by 2016 as a result ofincreased investor confidence2. Clarity in policy and less corruption will catalyze the forecasted Goldman Sachs investmentrequirement estimate of US $ 1.7 Trillion in the

Infrastructure sector in India Investmentmultiplier impact of this investment could be of the order of US $ 5.1 Trillion by 2025. The LokpalInstitution will thus help create approximately 60 Million new jobs in India as the hugeInfrastructure rollout happens.3. India whose investment image has been badly hit as a result of the CWG and 2 G scams willresume an 8.5 % plus growth rate and sustain this over the next 15 years . This will enable Indiato become a US $ 5 Trillion Economy by 2025. The estimate does not include the huge positiveimpact if existing tax revenues are employed properly. Currently a very significant part of taxpayermoney is getting eaten away by corrupt officials. B. National Security Impact. One of the major arguments against the Jan Lokpal bill is that it will damage Indias security interests.Actually the opposite might be true :1. Greater transparency in defence deals and procurement procedures as a result of a strong Lokpalwill result in timely acquisition of equipment and spares for the armed forces which have beenneglected for the last 10 years2. Within an economy of US $ 5 Trillion that India will be by 2025, the size of the Indian Navy willtriple as will the size of the Indian Air force. The Indian army will also be mordernized to be aleaner and more effective organization.The key issue is that the above scenario will not materialize unless corruption is dealt with first . Therecent experience with the 2G and CWG scams and the loot that has been going on in India with theactive participation of government functionaries provides little confidence that an 8.5 % GDP growthrate will be achievable and sustained without an effective anti - corruption organization. The Lokpal billis therefore THE BILL which will facilitate development in all spheres. It is the nature of politics in a country like India that all causes tend to attach themselves one way or another to the poor and downtrodden. The latest is the anti-corruption movement sweeping the nation, or at least sections of the urban middle class.

4.The cost of the Black Money.

Much of the black economy in India is like digging holes and filling them. One digs a hole during the day and another fills it up at night. The next day, there is zero output but two salaries.Anna Hazare's fast seeking the acceptance of the Jan Lokpal Bill, and the widespread mass protests in urban India that followed his arrest from home, have shaken the government. Political parties have woken up to the depth of feeling against corruption. Two factors have come together the fight for the Jan Lokpal Bill and the violation of the citizen's civil right to protest. The snowballing protests are seen to be against corruption. Obviously, the public are fed up with the dayto-day harassment they face. To put this in perspective, it is important to understand the benefits to society of tackling the huge black economy in India. Some people argue that the black economy also generates jobs and production. For instance, they argue that a lot of goods are bought in the market using black incomes, and that leads to increase in production and employment. They argue that the black economy generates informal sector employment and helps the poor. Some go to the extent of arguing that India escaped the worst effects of the global recession in 2008, and the economy only slowed down, because a large amount of black money was floating around which generated additional demand. Some justify bribes as speed money that enables work to be done faster. There is some truth in all this. Yet, it can be shown that the ill-effects of the black economy far outweigh its beneficial effects. Much of the black economy in India is like digging holes and filling them. That is, one digs a hole during the day and then another fills it up at night; the next day there is zero output but two salaries are paid. This is activity

without productivity. An example is of poorly made roads that get washed away or become pot-holed with every rain and need repeated repairs. Thus, instead of new roads coming up, much of the budget allocation is spent on maintenance. Teachers may not teach properly in class so that students have to go for tuitions. Not only families have to pay extra but the students find learning to be insipid and lose interest. This affects their creativity and future. Because of the growing black economy, policies fail both at the macro-level and the micro-level. Planning or monetary policy or fiscal policies do not achieve the desired results because of the existence of a substantial black economy. Targets for education, health, drinking water and so on are not achieved because expenditures do not mean outcomes. The economy does not lack resources but faces resource shortage. Much investment goes into wasteful and unproductive channels, like holding gold or real estate abroad. The flight of capital lowers the employment potential and the level of output in the economy. Capital sent abroad does not generate output in India but does so where it goes. A country that is considered capital-short has been exporting capital. A nation that gives concessions to multinational corporations to bring in capital loses more capital than it gets, and that too at a high cost, from foreign institutional investments or foreign direct investment. India's policies are open to the dictates of international capital because the country's businessmen and politicians have taken capital out in large doses since Independence. The costs are huge. The black economy also leads to the usual becoming the unusual and the unusual the usual. That which should happen does not, and that which should not keeps happening. We should be getting 220 volts electricity but mostly get 170 volts or 270 volts. Equipment burns out, so all expensive gadgets need voltage stabilizers. This results in higher capital costs; maintenance costs rise. Water in taps should be potable, but it is of uneven quality because the pipes are not properly laid and sewage seeps in. Thus, people carry water bottles, use water-purifiers and boil water at great extra cost. Even then, people fall ill. Some 70 per cent of all disease in India is related to water, so we spend extra on hospitalisation and treatment. Then there is the associated loss of productivity; the poor are particularly the victims.The result of all this is that costs everywhere are higher than they need to be raising the rate of inflation. If capital is over-invoiced by businesses to make money, the cost of setting up industry is higher. If poor quality grain is sold in the public distribution system, the price is higher. If

children need tuitions because of poor teaching, the family's cost is higher, and so on.

5. Debilities (Criticism) of Jan Lokpal Bill and the Panacea to it There are opinions that the Jan Lokpal Bill is 'Naive' in its approach to combating corruption. According to Pratap Bhanu Mehta, President, Center for Policy Research, Delhi, the bill "is premised on an institutional imagination that is at best nave; at worst subversive of representative democracy". The Lokpal concept was criticized by the Human Resource Development (HRD) minister Kapil Sibal because of concerns that it will lack accountability, act oppresively, and undemocratically. Hence the some provisions of the bill needs a review so as to make it more practicable and in tune with terms of democratic principles The claim that the Lokpal will be an extra-constitutional body has been derided by Hazares closest lieutenant, Arvind Kejriwal. He states the Jan Lokpal Bill drafted by civil society will only investigate corruption offences and submit a charge sheet which would then tried and prosecuted, through trial courts and higher courts. Although Kejriwal has stated that all prosecutions will be carried out through trial courts, the exact judicial powers of LokPal is rather unclear in comparison with its investigative powers. The bill requires "members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers". Although some supporters have denied any judicial powers of Lokpal, the government and some critics have recognized Lokpal to have quasi-judicial powers. The bill states that "Lokpal shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) shall have the effect subject to the modification that the references therein to the High Court shall be construed as including a reference to the Lokpal." Review of proceedings and decisions by Lokpal is prevented in the bill, stating "...no proceedings or decision of the Lokpal shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary Civil Jurisdiction." How the trials will be conducted is unclear in the bill, although the bill outlines requiring

judges for special courts, presumably to conduct trial that should be completed within one year. Without judicial review, there is concern that Lokpal could become a extra-constitutional body with investigative and judicial powers whose decisions cannot be reviewed in regular courts. Whether or not to include the Prime Minister and higher judiciary under the Lokpal remains as one of the major issues of dispute. Justice Verma, the former Chief Justice of the Supreme Court, expressed his constitutional objections for including the Prime Minister and higher judiciary under Lokpal, stating "this would foul with the basic structure of the constitution" . Analysis of the Jan Lokpal Bill reveals that some sections of the bill needs a review eg. S.8 of the Jan Lokpal Bill is very broad in nature and looks to encompass each and every instance of wrong which doesnt appear practically feasible. S.16 of Jan Lokpal Bill looks to wide and appears difficult to enforce. S.19 of the Jan Lokpal Bill speaks about recovery of losses which is not easy and it doesnt specifies any plan of action to do it.S.24 of the Jan Lokpal Bill speaks about abolition of Central Vigilance Commission Act which makes it look like a Super cop.

Unrealistic Claims by Anna Hajare and his teams:a) The Janlokpal bill will ensure that money laundering will be checked by the Ombudsman and there will be a system to stop all form of Black Money.

The Idea seems so cool. However, people dont realize that money is not wealth and currency cannot make a home, hospital or school. It is so simple. If there are 100 Kilogram of wheat and just 100 rupees in market circulation, then the price of wheat will be Rs1 per Kilogram of wheat. If Half of the

available currency (that is, Rs 50) is stolen from the market and it is deposited in Swiss banks as Black Money, then there will be only Rs 50 available in the market and a total of 100 Kilograms of wheat and the wheat will be available for Half a Rupee per kilogram. Poor people will get benefited by reducing the currency as it will decrease prices of wheat and other commodities. In fact stealing money from Indian market and depositing in Swiss Banks actually helps poor by reducing inflation rate and price rise. When the Janlokpal will force that money (Rs50) deposited in Swiss banks to come back to that village, there will be Rs100 available and 100 kilogram of wheat available. In that situation, poor will suffer again as the price of wheat will increase to Rs1 per kilogram. Depositing your money in Swiss Banks without paying Taxes is not crime; crime is to force taxes on honestly earned money. Corruption is the act of government and Reserve Bank of India to print money out of thin air which increases inflation and price rise. Janlokpal Bill will fail to check this corruption as Arvind Kejriwal and Anna Hajare has no idea about what is real corruption. b) The Ombudsman will have the power to investigate and penalize any corrupt person found accepting. Indian law confirms that giving bribes is also a crime so if a person is caught offering bribes, he will also be punished by the same Janlokpal.

Bribing is a false crime. Indian Penal Code (Section 171B.) considers bribery as a crime. Janlokpal bill will punish anyone who offers bribe. Who will be punished? The poor dying people Assume a man standing in front of a governmental hospital; his wife is about to give birth to his child but there is huge scarcity of doctors and hospital beds in India. So what should that person do? Should he allow his wife and yet-to-be-born child to Die? Or should he bribe the hospital authority to have

the reserved bed for his wife? If he does so, Anna Hajare and his Gang will punish that person for saving his wife and childs life. Bribery may be bad, it is not a crime, Offering bribes is not corruption, it is an indication of Scarcity and Government is the reason of Scarcity. Think about this too, What if the doctor or Hospital denies taking bribes from that poor person who just cant go for a Private hospital (there are very few private hospitals in India)? The doctor fears Anna Hajare and his Fascist Janlokpal Bill, he will be jailed for five years if he takes Bribe. So he wont take bribe. What will happen? The poor man will not get a bed in hospital because before him, there will be many more people who will acquire that bed for medical aid. As a result, his wife will die on the road in front of hospital and his son will also suffer death. Fascist Anna Hajare will kill many people just because of his wrong idea of Corruption actually he doesnt even understand what corruption is. Corruption is the forced Scarcity in India which is because of the irrational governmental interventionism in Free Market. c) Anyone can register complain against an ongoing process (Governmental or Private) claiming corruption in it. Anna Hajare and his team of Ombudsmen will investigate and offer their report within one year. Wow! So Fast, Is it really that fast? Lets say a businessman finds it profitable to build a private hospital in a village to provide easy and cheap medical facilities for poor village people (it will be highly profitable for him because there are a lot of consumers demanding such services but currently government doesnt allow it by restricting privatization of medical sector). Any one will be able to complain against the businessman on false charges like the businessman forced poor villagers to sell their land etc. What will happen? The ombudsman will take 1 year to investigate and then will claim charges against the businessman. Much necessary hospital will not start working till then. If the Janlokpal will agree to take bribe from the businessman, the hospital will be ready soon but if the Janlokpal acts fascist, he will give wrong decision against the businessman alleging that he really forced villagers to sell land. As a result, the hospital will be further delayed. The Businessman will go to High Court which will further take 2 years and if he fails to prove his truthfulness in High Court too, he will go to Supreme Court which will further take 5 years. The villagers will not get any medical facility and affordable services till those 8-10 years and even after that it is not necessary that the businessman will get clearance for his hospital. People will suffer illness and death in absence of hospitals. Yet, Anna Hajare and co. will feel that they have

reduced corruption. The above discussion shows that Anna Hajare and IACs Janlokpal Bill will have a negative impact. It will also encourage more corruption. It is pretty simple. Round about 5 to 10 crore people of India are working in Indian public sector, bureaucracy and politics. All of them use the collective money robbed from common citizens as taxes to manage, rule, control and dominate the country. Most of them are corrupt. They are corrupt because demands are always higher than the money collected through taxes. If the government increases taxes, people will reduce producing and hence government cannot increase taxes too high. Government and bureaucracy knows that they cannot fulfill demands and hence they will always be criticized, so they keep acting as if they are devoted to fulfill demands and this false act is corruption. The only way to reduce this corruption is the acceptance of the government that it cannot provide any such services fulfilling demands of every citizen and hence it should privatize them. But Anna Hajare, Kiran Bedi, Arvind Kejriwal, Prashant Bhushan, Shanti Bhushan and others have different idea. They believe that since nobody checks on the working of government hence there is corruption. Thus, Anna Hajare and India Against Corruption proposed increasing another sector of bureaucracy which will work under Janlokpal.

Conclusion
Jan Lokpal Bill is no magic wand and cant be expected to act as a panacea for the cancerous problem of corruption. However it offers a glimpse of hope to all the citizens of this country who have reposed faith in the democratic principles and its organs. The Jan Lokpal Bill delves deeper into the root causes of corruption and the ways to control and eradicate it. Many provisions of Jan Lokpal Bill are novel in nature and if implemented in the true spirit it will control corruption considerably. However looking into the present socio-political milieu in India, chances are slim that it will be enforced as not only this present government but many previous governments were hands in glove with the accusers of corruption. The current government also doesnt appear too much concerned about the implementation of Jan Lokpal Bill , the Lokpal Bill which is to be tabled in parliament is just a facade and an eyewash and is another attempt to bewilder the people of India.

Eradication of corruption will need not only strong laws like Jan Lokpal Bill but it requires stronger implementation of it, as well as other existing laws like Prevention of Corruption Act, 1988 etc. Corruption will be eradicated the day on which, every citizen will stand for his as well as rights of fellow citizens. Its all because of CHALTA HAI attitude and the mirage that some one will come and solve all the problems someday, which is making corruption grow and weakening the foundations of democracy. A wise saying God helps those who help themselves no matter of any number of laws, sanctions or other restrictions can stop corruption but a strong common will of the masses not to tolerate corruption and fight against it will definitely end it. The fight against corruption cant be done with one Anna Hazare but we need an Anna Hazare in every Indian!!!!!

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