The Word Lokpal Means an Ombudsman

8/6/2019 The Word Lokpal Means an Ombudsman

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The word Lokpal means an ombudsman (Legal Representative) in India. The word has beenderived from the Sanskrit words "loka" (people) and "pala" (protector/caretaker). So the word

Lokpal means 'protector of people'. The concept of Lokpal has been drawn up to root outcorruption at all levels in the prevailing Indian polity.

Jan Lokpal Bill

The first Jan Lokpal Bill was introduced by Shanti Bhushan in 1968 and passed in the 4th LokSabha in 1969 but could not get through in the Rajya Sabha. Subsequently, Lokpal bills were

introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were neverpassed.

[1][2]42 years after its first introduction, the Lokpal bill is still pending in India.

The Lokpal Bill provides for filing complaints of corruption against theprime minister, other

ministers, and MPs with the ombudsman. The Administrative Reforms Commission (ARC)while recommending the constitution of Lokpal was convinced that such an institution was

justified not only for removing the sense of injustice from the minds of adversely affected

citizens but also necessary to instill public confidence in the efficiency of the administrativemachinery. Following this, the Lokpal Bill was for the first time presented during the fourth LokSabha in 1968, and was passed there in 1969.

However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, and so the billwas not passed at that time. The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001,

2005, and most recently in 2008. Each time, after the bill was introduced to the house, it wasreferred to some committee for improvements --- a joint committee of parliament, or a

departmental standing committee of the Home Ministry --- and before the government could takea final stand on the issue, the house was dissolved. Several flaws have been cited in the recent

draft of the Lokpal Bill.[3]

Meanwhile the activists ofIndia Against Corruption (IAC) have

prepared a draft for the bill called Jan Lokpal Bill.[2]

[edit] History

The basic idea of the Lok Pal is borrowed from the office of ombudsman, which has played aneffective role in checking corruption and wrong-doing in Scandinavian and other nations. In

early 1960s, mounting corruption in public administration set the winds blowing in favour of anOmbudsman in India too. The Administrative Reforms Com of a Lokpal at the Centre, and

Lokayukta(s) in the states.

[edit] Duties1. To judge the cases and make jurisdictions against corruption cases with the Lokpal.

2. To judge whether a case is legal or whether a fake complaint has been made.3. To potentially impose fines on a fake complaint, or even a short span of jail time, if the

case is not proved to be legally true.


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[edit] Latest Developments

Anna Hazare, a Gandhian rights activist, had started a fast unto death at Jantar MantarinNewDelhi demanding the passing of the bill. Hazare called off his hunger strike on the 9th of April,

2011 bringing to an end his 98-hour protest after the government issued a gazette notification

constituting a 10-member Joint Committee of government ministers and civil society activists,including him, to draft a bill for the creation of an effective Lokpal. Thousands of people fromall over India, especially the youth, supported Anna Hazare's cause by candle light marches and

online campaigns through social media.

Recently Yoga guru, Swami Ramdev, was on a fast for this cause for 9 consecutive days from 4

June - 12 June 2011. He wanted the Government of India to accept various demands whichmainly included those related to the Lokpall bill.

Anna Hazare on the 8th of June, 2011, declared that he will restart his fast unto death on the 16th

of August if the Lokpal bill is not passed by the Parliament of India by 15 August, which is the

Independence Day of India.[4] On the 16th of June, the civil society reported that only 15 pointsof total 71 that they recommended have been agreed to by the Joint Committee consisting of fivecentral ministers. Following differences with the Civil Society, the team of five central ministers

decided to forward two drafts of the Lokpal Bill to the Cabinet, one from each side.Anticipatingsome sort of police action against his fast intended on August 16, social activist Anna Hazare

said he would move the Supreme Court to prevent any situation similar to the police crackdownon Baba Ramdev and his supporters at Ramlila Maidan.

The government said, we will suppress the agitation of Anna Hazare as had been done in thecase of Ramdev. Is this democracy or autocracy? You cannot suppress.... That is why we will go

to the Supreme Court tomorrow, Hazare told reporters here-The Constitution has given right to

every citizen to lodge a protest. We will launch the agitation from August 16, he added.[5]

The Lokpal will be a three-member body with a chairperson who is or was a chief justice orSupreme Court judge, and two members who are or have been high courts judges or chief

justices.

Implementation of the Lokpal bill will hopefully reduce corruption in India.

The basic idea of the Lokpal is borrowed from the office of the ombudsman in other countries.

It provides for filing complaints of corruption against the prime minister , other ministers and

members of parliament with the ombudsman.

Anyone, except for a public servant , can file a complaint and the Lokpal has to complete theinquiry within six months.


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For 42 years, governments have tried to put in place the law.

The bill was for the first time presented during the fourth Lok Sabha in 1968, and was passedthere in 1969. However, the Lok Sabha was dissolved , resulting in the first death of the bill.

It was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008.

In September 2004, prime ministerManmohan Singh said the Congress-led United ProgressiveAlliance government would lose no time in enacting the bill. But strong lobbies blocked it.

The Lokpal Bill, 2010, awaits an okay from a select committee.

Former chief justice of the Delhi high court and rights activist Rajinder Sachar feels the bill is

"shamefully toothless and meant to give a false reassurance to the people that the government isserious in its fight against corruption" .

But former chief justice ofIndia M N Venkatachelliah feels the PM must be out of its purview.

Corrupt India:Why is Anna Hazare fasting?What's Lokpal Bill?

.

New Delhi, Apr 6: It seems that the anger-volcano has, finally, erupted from the hearts of Indians.

People of the nation have been exhausted with the overdose of corruption news that have marred the

image of the nation so far. Corruption allegations against most of the political leaders and the inaction

from the government's side compelled the "aam admi" to join the protest of the anti-graft crusader

Anna Hazare.

With innumerable scandals (2G spectrum scam, CWG, Adarsh housing scam and so on) the country is

facing now, social activist Anna Hazare has decided to take things in his hand and take on the corrupt

"babus" by fasting unto death against corruption.

Hazare's decision for holding the indefinite fast came over his demand to introduce a new Lokpal bill in

the Parliament to tackle the numerous corruptions that has ruined the roots of Indian political scenario.

Starting his protest on Tuesday, Apr 5, Hazare claimed, "Like Supreme Court (SC) and Election

Commission, an independent body called Jan Lokpal should be set up at the Centre and a Jan Lokayukta


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should be set up in each state to receive complaints of corruption, investigate them within six months

and prosecute the guilty."

What is Lokpal Bill?

Lokpal Bill is a measure to conduct an investigation regarding involvements of people with high profiles

(Prime Ministers, Chief Justice of India (CJI) and so on). The bill will provide speedy, cheaper form of

justice to people.

The Lokpal bill will not wait for any permission from the high commission to begin the inquiry into the

alleged irregularities and corruption charges against political leaders, judge's or even the Chief Justice of

India (CJI).

In the proposed system, politicians will not have any say in selections of chairperson and members of

Lokpal. Loss caused to government will be recovered from accused. The punishment, if found guilty will

be 5 years to maximum life term in the proposed system. Right now the punishment is 6 months to

maximum 7 years.

However, Lokpal Bills were introduced in the Parliament several times (1969, 1971, 1977, 1985, 1989,

1996, 1998, 2001, 2005 and in 2008) but failed to be passed all these times.

Present scenario:

Despite requests from many leaders including the PM Manmohan Singh not to proceed with his decision

of indefinite fast, Anna Hazare kicked off his protest. Within 24 hours, more than 300 people took part

In a token huger strike to express their solidarity with Hazare.

The movement has irked various political parties that had to bear the brunt of Hazare's fiery rhetoric

that doesn't seem to spare anyone. Pawar added on the future of the campaign, "The chain hunger

strike will continue till April 11 and a 'Jail Bharo' agitation will be launched on April 12, whereby people

and activists will court arrest."

Many star campaigners have joined the protest besides 40 or more organizations showing support to

the cause. In a statement issued by the All-India Anti-Corruption Committee, "There is a need to get rid

of corruption and the Lokpal bill has to be very stringent. Even the prime minister should come under

the purview of this bill."

Meanwhile, one of the main targets of Hazare's criticism, agriculture minister Sharad Pawar chided, "I

will be happy if you relieve me from all GoMs, including that GoM (on corruption)."

Documents

The Word Lokpal Means an Ombudsman