Jlb Finally Final

8/2/2019 Jlb Finally Final

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The Jan Lokpal Bill, also referred to as the citizens' ombudsman bill, is a proposed

independent anti-corruption law in India.

Anti-corruption social activists proposed it as a more effective improvement to the

original Lokpal bill, which is currently being proposed by the Government of India.

The Jan Lokpal Bill aims to effectively deter corruption, redress grievances of citizens,

and protect whistle-blowers.


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Some important features of the proposed bill are:

1. To establish Jan Lokpal at the central level which would be supported by Jan Lokayukta at the state level.

2. Would be completely Independent.

3. It will have the power to dismiss corrupt officers

4. It will have time bound trials.

5. To maintain a check on bribery every official has to submit their statements of assets every year.

6. Each government department will have to make Citizens Charter.

7. Losses to the government will be recovered from the individual when he/she is being convicted.

8. The existing anti-corruption agencies (CVC, departmental vigilance and the anti-corruption branch of the CBI)will be merged into Lokpal.

9. Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it.


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Present System - Despite Evidence, No Punishment

Proposed System - Jan Lokpal and Jan Lokayukta will

ensure punishment for corruption by:

Power to dismiss corrupt officers

If complaint is proved, can remove a govt officer orimpose departmental penalties


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After investigation if proven guilty following 2 actions

shall be taken:

Time bound trial

Will file a case in trial court Trial in the court to complete & announce punishment

within next 1 year

May direct the govt to set up additional courts tocomplete the trial in time


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Provision for:

Recovery of loss caused to govt

During investigations, they shall ban transfer of assetsof the accused

At the time of conviction, the court will assess the losscaused to the govt

Entire loss to be recovered from the assets of the

accused

Currently no such provision

in our existing laws


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Common man is compelled to pay bribeJan Lokpal and Jan Lokayukta will provide relief to the common as:

Each govt dept will have to make Citizens Charter

Charter specifies who does what job and in how much time

Eg. charter will tell X officer will make ration card in Y

days


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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).

PGO will redress the complaint within 30 days maximum

If PGO doesnt satisfy the complainant, then a complaint can

be made to the Vigilance officer of Jan Lokpal and Jan

Lokayukta.


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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


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Current System Proposed System

No FIR can be registered against

any Supreme Court or High Court

judge without the permission of

Chief Justice of India.

Under Jan Lokpal Bill, the full

bench of Lokpal will give

permission to file a case against

any judge.

Judges Supreme Court and High Court

Punishment

The quantum of punishment for

people convicted of corruptionranges from: 6 months to 7 years

of imprisonment which is

inadequate.

The punishment will range from: 1

year rigorous imprisonment to lifesentence. Higher punishment for

those in higher rank.


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Whistle Blowers

Currently, people who report

corrupt practices or raise their

voice against corruption are being

threatened, victimized and evenmurdered. There is no protection

for them.

Jan Lokpal and Jan Lokayukta will

be responsible for providing the

whistleblowers, whether inside or

outside the government,protection from:

Professional threat or

victimization

Physical threat or victimization


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In the current system, if anyoneobtains any benefit from the

government illegally, it is difficult

to prove that the person did so by

paying bribes

If a person obtains any benefitfrom 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 practices.

Evidence

Multiple Anti-Corruption Agencies

Presently there are multiple anti-

corruption agencies like: CBI, CVC,

ACB, state vigilance department.

All these are controlled by corrupt

officials and politicians and are

ineffective.

All these agencies will be merged

into the Jan Lokpal. Which will do

away with the multiplicity of anti-

corruption agencies


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ANNA HAZARE One of the leading activists.

Ex Army Man

Arvind Kejriwal

One of the members of Lokpal Bill Drafting Committee

An RTI Activist

Kiran Bedi

Retired IPS Officer

Prashant Bhushan Senior Advocate, Supreme Court of India Social Activist


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-Kisan Baburao Hazare (born 15 June 1937), popularly known as Anna Hazareis an Indian social activist and winner of coveted Padmabhushan and

Padmashree awards.

-His native place is Ralegan Siddhi.

-Being passionate about patriotism, he joined the Indian Army in 1963 and spent15 years in service.

-He started a new venture in 1991 called Bhrashtachar Virodhi Jan Aandolan

(BVJA) or public movement against corruption.

- He campaigned for the Right to Information Act. again he went on anindefinite hunger strike at Azad Maidan in the last week of July 2003.


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Anna Hazares Jan Lokpal Movement

has gained momentum since April 5, 2011, when anti-corruption activist Anna Hazare began his Hunger Strike atJantar Mantar.

chief aim of the movement is to alleviate corruption in the

government through a piece of legislation called the JanLokpal Bill.

movement is primarily one of Gandhian non-violent featuring

demonstrations, marches, acts of civil disobedience, hungerstrikes, and the use of social media.

On 7 April, Hazare's strike led to the resignation of AgricultureMinister Sharad Pawar from the Group of Ministers oncorruption.


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On 9 April, the government finally agreed to have a 50:50distribution of the Government appointed officials and themembers of the civil society.

Hazare again planned to resume his strike in August as the

Governments Lok Pal bill is not good enough for eradicatingcorruption.

On 16 Aug, Anna Hazare was taken into preventive custody

by Delhi Police.

Other members of India Against Corruption", Arvind Kejriwal,Kiran Bedi, Kumar Vishwas and Manish Sisodia were alsotaken into preventive custody.


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The arrest resulted in huge public outcry and underpressure the government released him in the evening of16 Aug.

On17 Aug, Delhi Police permitted Anna Hazare and teamto use the Ramlila Maidan for the proposed fast .

After a lot of negotiations from Government, Anna Hazare

reduced his demands to three which are:


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A citizen charter on the bill.

An appropriate mechanism to subject lower bureaucracyto lokpal.

The establishment of Lokayuktas (ombudsmen at statelevel) in states.

On 27 August 2011, a special and all exclusive session ofParliament was conducted and a resolution was

unanimously passed. Leads to the ending of Hazares fast after 288 hours on

August 28.


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Documents

Jlb Finally Final