Is Lokpal a super cop?

Is Lokpal a super cop?

A myth is being created that the proposed Jan Lokpal will become a supercop and will become a threat to all democratic institutions. This is completely wrong. Let us see what does Jan Lokpal Bill propose to do?

1.       Against politicians (for their conduct outside parliament), judges and bureaucrats, Lokpal will only investigate complaints of corruption and file a case in court. The courts will have the power to try and award punishment. Lokpal will not have powers to award punishment.

2.       However, in case of bureaucrats, the institution of Lokpal will have powers to impose departmental penalties including dismissing them, if after investigations by the investigation wing of Lokpal, the guilt of that officer is established. For Joint Secretary and above, a bench of members of Lokpal will impose such penalty after giving an opportunity of being heard to all affected parties. However, if accused are below the rank of Joint Secretary, the same will be heard by a bench of senior officers of Lokpal. These orders of Lokpal can be appealed against in respective High Courts. This system is much better than the existing system, in which the accused and its friends are responsible for enquiring against themselves and awarding punishment to themselves. Presently, the enquiries are conducted by officers from the same department (often enquiries are conducted by junior officers against their bosses), penalties are decided by some officer in the same ministry and appeals also lie with some officer in the same ministry. Since the accused officer belongs to the same department/ministry, he is able to influence their decisions as they have been his colleagues, friends and subordinates. Many times, the disciplinary authorities are themselves accomplices in corruption.

Under existing system, the public or the complainant have no say in entire proceedings. Corrupt officers are let off after dishonest enquiries. Complainant cannot do anything. Under Jan Lokpal Bill, the complainant will be treated as a prime witness and case cannot be closed without giving an opportunity of being heard.

Therefore, the proposed system is far more fair, transparent and accountable.

3.       If any Member of Parliament or a Minister indulges in any corrupt activity inside Parliament, then a complaint could be made to the Speaker of Lok Sabha or Chairperson of Rajya Sabha. They would forward the complaint to the Ethics Committee. If Ethics committee recommends, the Speaker or Chairperson would forward the complaint to the Lokpal for investigations. After investigations, Lokpal would submit its report to the Speaker or Chairperson, who would then present it in Parliament. The Parliament would decide what action should be taken on the report.

Reference From: IAC Site