What is the difference between Jan Lokpal bill and Government's Lokpal Bill?
There are many differences between Jan Lokpal bill and Sarkari Lokpal bill. Some of them are as under:-
Government's Lokpal Bill provides illegitimate protection to the corrupt officials.
According to it, If a citizen complains against a government officer's corruption to Lokpal then:-
- Government officer can file a Cross Complaint directly to the Special court without Preliminary enquiry that whether complain was frivolous.
- A free advocate will be given to government officer while Citizen has to defend himself.
- If complains proved frivolous then Citizen gets minimum 2 years jail.
- If corruption of government officer proved then He gets minimum 6 months jail.
Government's Lokpal Bill pro-accused investigation process?
- After preliminary enquiry, accused given a hearing before filing an FIR to explain why an FIR should not be registered against him.
- After completion of investigation, presented evidence & again given a hearing to explain why a case should not be filed in the Court.
During investigation, If investigation are to be started against any new persons, They too would be presented with evidence against them and given hearing.
Critical Issues : Prime Minster
In Jan Lokpal bill, Lokpal should have power to investigate allegation of corruption against PM. Government wants investigations to be done by CBI which comes directly under him, rather than independent Lokpal.
Critical Issues : Judiciary
In Jan Lokpal bill, Lokpal should have power to investigate allegation of corruption against Judiciary. Government wants it to be included in Judiciary Accountability Bill (JAB). In JAB permission to enquire against a judge will be given by a three member committee, Two judges and a retd chief justice of SAME Court.
- Judiciary Accountability Bill (JAB), drafted by government , does not talk of bribery by the judges. It only talks of "misbehavior".
- National Oversight Committee sought to be created through JAB will not have the police and investigate powers and machinery to deal with the criminal complaints of bribery, which Lokpal would have. Therefore two bills actually complement to each other.
- Even if Judicial corruption were included in JAB, it is not clear when would an effective JAB become a reality?
Critical Issues : MPs
In Jan Lokpal bill, Lokpal should be able to investigate allegations that any MP had taken bribe to vote or speak in Parliament. Government has excluded this from Lokpal's purview.
Critical Issues : Grievance Redressal
In Jan Lokpal bill, Violation of CITIZEN'S Charter(if any officer does not do a common man's work in prescribed time) by an officer should be penalized and should be deemed to be corruption. In government's Lokpal bill there is no penalties proposed.
Critical Issues : CBI
In Jan Lokpal bill, Anti-corruption branch of CBI should be merged into Lokpal. Government wants to retain its hold over CBI.
Critical Issues: Accountability(Lokpal Members)
In Jan Lokpal bill, Accountable to people, Any citizen can make complaint to Supreme Court and seek removal. Judicial review over the actions of the Lokpal by the High Courts and Supreme Court. While in Government's Lokpal, It is accountable to Government. Only government can seek removal of Lokpal.
Critical Issues: Accountability(Lokpal Staff)
In Jan Lokpal bill, Complaint against Lokpal staff will be heard by an independent authority. While in Government's Lokpal, Lokpal itself will investigate against its own staff, thus creating serious conflicts of interest.
Critical Issues: Method of Enquiry
In Jan Lokpal bill, Method would be same as provided in CrPC like in any other criminal case. After preliminary enquiry , An FIR will be registered. After investigation, case will be presented before court, where the trial will take place. While in Government's Lokpal, After preliminary enquiry, all evidences provided to accused and hearing for why an FIR should not be registered against him.
After completion of investigation, again all evidences provided and hearing for why a case should not be filed in the Court against him.
During investigation, If investigation are to be started against any new persons, They would be also presented with all evidence against them and heard.
Critical Issues: Lokayakta
In Jan Lokpal bill, the same bill should be provided for Lokpal for center and Lokayakta in the State. While in Government's Lokpal, only Lokpal at the center would be created through this bill.
Critical Issues: Whistleblower Protection
In Jan Lokpal bill, Lokpal will be required to provide protection to Whistleblower, witnesses and victims of corruption. While in Government's Lokpal, Nothing mention in this law.
Critical Issues: Special benches in HC
In Jan Lokpal bill, High Court will set up special benches to hear appeals in corruption cases to fast track them. While in Government's Lokpal, No such provision in it.
Critical Issues: Dismissal of corrupt government servant
In Jan Lokpal bill, After completion of investigations, in addition to filing a case in a court for prosecution, bench of Lokpal will hold open hearings and decide weather to remove the government servant form job. While in Government's Lokpal, the minister will decide to remove a corrupt officer or not.
Critical Issues: Punishment
In Jan Lokpal bill, Maximum punishment is ten years, Higher punishment if rank of accused is higher, Higher fines if accused is business entities, If successfully convicted, a business entities should be blacklisted from future contracts. While in Government's Lokpal, Non of these is accepted. Only maximum punishment raised to ten years.
Critical Issues: Financial Independence
In Jan Lokpal bill, Lokpal 11 members collectively will decide how much budget do they need. While in Government's Lokpal, Finance Minister will decide the quantum of budget.
Critical Issues: Tap Phones
In Jan Lokpal bill, Lokpal bench will grant permission to do so. While in Government's Lokpal, Home Secretary would grant permission.
Critical Issues: Delegation of Powers
In Jan Lokpal bill, Lokpal members only hear cases against senior officers and politicians or cases involving huge amounts. Rest of the work will be done by officers working under Lokpal. While in Government's Lokpal, All work will be done by 11 members of Lokpal. Practically no delegation.
Critical Issues: NGOs
In Jan Lokpal bill, only government funded NGOs are covered. While in Government's Lokpal, All NGOs , big or small, even unregistered are covered.
Critical Issues: False, Frivolous & Vexatious Complaints
In Jan Lokpal bill, No imprisonment, Only fines on complaints. Lokpal will decide whether a complaint is frivolous or vexatious or false. While in Government's Lokpal, 2-5 years imprisonment and fine, The accused can file complaint against complainant in a Court.
Reference From: IAC Site