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Agenda
Sources of corruption Causes of corruption Existing Infrastructure Jan Lokpal Bill Solution to the issue
Visible
Politicians, senior bureaucrats dipping into public funds. National security risks from corrupt security forces.
Invisible
Allottment of resources
2G Scam (Rs. 176,000 Cr), Coal Gate (Rs. 185,591 Cr), Iron Ore Mining Scandal
According to a 2010 The Hindu article, unofficial estimates indicate that Indians had approximately USD 1.4 trillion in black money stored in Swiss banks. some news reports claimed that data provided by the Swiss Banking Association Report (2006) showed India has more black money than the rest of the world combined. Another report said that Indian-owned Swiss
Causes of Corruption
Lack of penalties for corrupt behavior by public officials Tardy judicial system Elections and Discretionary powers of politicians High taxes and excessive regulation Opaque processes and paperwork Unemployment
Indian Penal Court Prosecution section of Income Tax Act, 1961 Prevention of Corruption Act, 1988
Bharat Swabhiman Trust India Against Corruption Jaago Re! One Billion Votes Association for Social Transparency, Rights and Action (ASTRA) is an NGO focused on grass-roots work to fight corruption in Karnataka. One organization, the Lok Satta Movement, has transformed itself from a civil organization to a fullfledged political party, the Loksatta Party.
Complaints against any officer of Lokpal will be investigated and completed within one month and, if found to be substantive, will result in the officer being dismissed within two months. The existing anti-corruption
Points of difference between the Proposed and the Govt's version of the Lokpal Bill
Issue Prime Minister The Jan Lokpal Bill PM can be investigated with permission of seven member Lokpal bench. Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench. Can be investigated with permission of seven member Lokpal bench. Government's Lokpal Bill PM can be investigated by Lokpal after she/he vacates office. Judiciary is exempt and will be covered by a separate "judicial accountability bill".
Judiciary
Conduct of MPs
Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated.
Points of difference between the Proposed and the Govt's version of the Lokpal Bill
Issue Lower bureaucracy AntiCorruption wing of the CBI The Jan Lokpal Bill All public servants would be included. Government's Lokpal Bill Only senior officers (Group A) will be covered.
The Anti-Corruption wing The Anti-Corruption wing of the CBI will be merged of the CBI cannot be into the Lokpal. merged into the Lokpal.
Punishment Lokpal can either directly for corruption impose penalties, or refer the matter to the courts. Penalties can include removal from office, imprisonment, and recovery of assets from those who benefited from the corruption.
Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current laws.
Points of difference between the Proposed and the Govt's version of the Lokpal Bill
Investigatory powers Lokpal can obtain wiretaps, issue letters, and recruit investigating officers. Cannot issue contempt orders. Lokpal can issue contempt orders, and has the ability to punish those in contempt. No authority to obtain wiretaps, issue rogatory letters, or recruit investigating officers.
Lokpal can issue fines for frivolous complaints (including frivolous complaints against Lokpal itself), with a maximum penalty of Rs 100,000.
NGOs not within the scope due to their role in exposing corruption.
Court system will handle matters of frivolous complaints. Courts can give 25 years imprisonment and fines of Rs 25,000 to 200,000.
NGOs are within the scope and can be investigated.
NGOs
Points of difference between the Proposed and the Govt's version of the Lokpal Bill
Removal of Lokpal staff and officers Complaints against the Lokpal will conduct Lokpal staff will be inquiries into its own handled by behaviour. independient bodies constituted by retired IAS, Judicial people etc. Lokayukta and other local/state anticorruption agency would remain in place. All state anti-corruption agencies would be closed and responsibilities taken over by centralised Lokpal. No protection granted to whistleblowers by Lokpal.
Lokayukta
Whistleblower protection
Naive approach to several issues Lack of clarity on the judicial and executive powers Extra-constitutional Scope of powers Divide between the power & responsibilities on side and the Resources on the other Merger of the existing bodies into Lokpal