Lokpal Vs Jan Lokpal: Judiciary

<span style="font-weight:bold;">20 Aug, 2011, 06.13AM IST,


Lokpal Vs Jan Lokpal: Judiciary






Jan Lokpal - Lokpal would have power to investigate allegations of corruption against judiciary.

Lokpal - Judiciary kept out of Lokpal's purview.

The government wants to bring the judiciary under the Judicial Accountability Bill. Activists not happy with this, arguing that the National Oversight Committee under the JAB will not have the investigative powers and machinery to deal with criminal complaints, which Lokpal would have.

Members of Parliament


Jan Lokpal - Lokpal can investigate allegations that any MP had taken a bribe to vote or speak in Parliament.

Lokpal - Excluded from the purview of Lokpal.

Activists argue that the government is virtually giving a licence to MPs to take bribes with impunity.

Prime Minister




Jan Lokpal - Lokpal should have powers to investigate allegations of corruption against the PM.

Lokpal - PM out of the purview of Lokpal while in office. Once he demits office, Lokpal can investigate complaints.

Activists complain that CBI, which will currently investigate complaints against the PM under the Prevention of Corruption Act, reports to the PMO and hence cannot be an effective agency.

20 Aug, 2011, 06.11AM IST,

Grievance Redressal





Jan Lokpal - If the work of a citizen is not done by a government officer in the prescribed time, it should be deemed a violation of the citizen's charter, and as amounting to corruption. The officer should be penalised.

Lokpal - No penalties proposed.

Activists complain that the government side had first agreed to this and later went back on this issue.

20 Aug, 2011, 06.11AM IST,

Central Bureau of Investigation


Jan Lokpal - Anti-corruption branch of CBI to be merged into Lokpal.

Lokpal - CBI untouched. Officers will be deputed to Lokpal.

Lokayukta


Jan Lokpal - The bill should create Lokayuktas at the state level.

Lokpal - The bill only creates Lokpal at the centre.

The government argues that it is up to the states to provide for Lokayuktas.


Whistleblower Protection






Jan Lokpal - Lokpal required to provide protection to whistleblowers, witnesses and victims of corruption.

Lokpal - Whistleblower protection part of separate law to be introduced.


Other Criticism of Government's Version



- Heavily biased in favour of government servants and against complainants. An accused gets three separate hearings and an advocate at the government's expense. A government officer can file a counter complaint in a special court. Minimum punishment for a frivolous complaint is two years while minimum punishment for corruption is just six months.

- Includes only 65,000 out of 1.2 crore government employees, citing heavy workload on Lokpal if more are included. A large number of NGOs (if funded by the government) included.