Lokpal Bill 2011

Introduction
To bring public servants under a scanner to make them strictly Accountable Institution of Ombudsman for looking into allegation of corruption and mal-administration

Need of Anti-corruption Laws

Deficiency in CVC
Lack of Manpower Advisory Body Lack of Power Appointment by Ruling party

Demerits of CBI
Overburden of work Lack of Independence Minimum limit of cases is 1 Crore

History
Lokayukta in States Begining with Orissa in 1971 Presently in 17 states Orrisa, A.P., Assam, Bihar, Chhattisgarh, Delhi, Guj., Hariyana, Himachal pradesh, Karnataka, Kerla, M.P., Maharastra, Punjab, Raj.,Uttarakhand, U.P.

Features of Lokpal Bill

Structure Chairperson + 8 members (Max.) 50% from Judiciary Inquiry Wing Prosecution Wing

Independence
No direct participation of politicians Charged Salary/ Allawances Can not hold any office of profit under govt. after retirement.

Appointment
by President
(Selection Committee)
PM Chairperson Speaker of House Leader of opposition Chief Justice of India/ Judge nominated by him Eminent person nominated by President

50% Reservation for SC,ST,OBC, women,minorities

Jurisdiction of Lokpal
Council of Ministers, MPs
Prime Minister
2/3th Majority of full bench

Group A, B, C, D Religious Organisations and NGOs Donations from Foreign exceeding 10 Lakhs

Inquiry and investigation

No Suo moto Inquiry

For Corruption cases only Complaints within 10 Years

Service of any servant for information

Inspection of documents and records No prior sanction for Prosecution Complaint handling against Group A, B, C, D.

Powers of Lokpal

Power to Superintend and Direction over any investigating agency Recommend transfer and Suspension Enhancement of punishment Confiscation of Property Final Appellate Authority

Complaints against Lokpal

Complaint to President Inquiry referenced to Chief Justice of India May be removed by President

Offenses/ Penalties for false complains Imprisonment- 2 to 5 Years Fine- Rs. 25,000 to Rs. 200,000

Current situation
Lokpal Bill in Rajya Sabha Citizen Charters Bill Separate Judicial Accountability Bill Whistleblower Bill Grievances Redressal Bill

Controversial Issues
Lokpal Under Art 252 or Art 253 Constitutional Status for Lokpal Jurisdiction over CBI Judiciary to be Covered Structure of Selection Committee Reservation in Lokpal

SWOT Analysis
Strength
Wholly focused on corruption 50% members from judiciary Separate Inquiry and Prosecution wings Charged expenses Applicable to all Categories of Public servants Right to search and seize documents and corrupt mean-ed property Tougher Punishment

SWOT Analysis
Weaknesses
Just an Advisory Body No Suo Moto Enquiry No Police Power Public servant cant make complaint Complaints beyond 10 years cant investigated Unnecessary Fear among Employees Confusion in CBI

SWOT Analysis
Opportunities
Reduction of Corruption Boon for Economy Peaceful Society

SWOT Analysis
Threats
May be postponed Misuse of Lokpal Corrupt people take advantage of Liberal policies

Suggestions

Common Responsibility Change in the attitude of people Good education system Need of Moral and Spiritual Values in education Simple Living High thinking Handsome salary to all employees Change in attitude of Political Leaders People should raise their voice

Conclusions
Need of Strong Lokpal for Simple Independent Speedy Cheaper means of delivering Justice

Thank You