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Lokpal Bill – Comparative Versions
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Lokpal Bill – Comparative Versions

Lokpal Bill – Comparative Versions

What is Lokpal Bill? The Bill was introduced for the first time in 1969. The draft was passed in Lok Sabha, but never made it through Rajya Sabha. Subsequently, the government's version of the Bill was introduced nine times - in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008 in Parliament, but never got cleared.
What does the Bill aim to achieve? The broad aim of the Bill is to free the country of corruption in politics and bureaucracy, by instituting the Lokpal at the centre, and a Lokayukta in each state.

Government Version

Civil Society Version (Anna Hazare)

1

Jurisdiction: Only over PM, Ministers & MPs.

Jurisdiction: over Politicians, Bureaucrats and Judges. The CVC and the entire Vigilance machinery of the Centre will be merged into the Lokpal.

2

The Lokpal will not have suo motu power to initiate inquiry or even receive complaints of corruption directly from the Public. The complaints will be forwarded to it by the Presiding Officer of either House of Parliament

The Lokpal can not only initiate action on its own but it can also entertain complaints directly from the Public. It will not need reference or permission from any authority.

3

It is purely an advisory body and can therefore only give recommendations of the PM on complaints against Ministers and to the Presiding Officer of either House on complaints against the PM and MPs.

After completing its investigation against public servants the Lokpal can initiate prosecution, order disciplinary proceedings or both.

4

Since it has no police powers the Lokpal cannot register an FIR on any complaint. It can only conduct a preliminary enquiry

With the corruption branch of the CBI merged into it, the Lokpal will be able to register FIRs, conduct investigations under the Criminal Procedure Code and launch prosecution.

5

Any body found to have lodged a false complaint will be punished summarily by the Lokpal with imprisonment ranging from 1 to 3 years

The Lokpal can only impose financial penalties for complaints found to be false.

6

Lokpal will consist of 3 Members all of them will be retired Judges

The Lokpal will consist of 10 members and 1 Chairperson out of which only 4 are required to have legal background without necessarily having any judicial experience.

7

The committee to select Lokpal members will consist entirely of Political dignitaries and its composition is loaded in favour of the ruling party

The selection committee will be broad based as it included members from Judicial background, Chief Election Commissioner, Comptroller and Auditor General, Retired Army Generals and outgoing members of the Lokpal.

8

If a complaint against the PM relates to subjects like Security, Defence and Foreign Affairs, the Lokpal is barred from probing those allegations.

There is no such bar on the Lokpal powers

9

Though a time limit of six months to one year has been prescribed for the Lokpal to conduct its probe there is no limit for completion of trial, if any.

The Lokpal will have to complete its investigations within one year and the subsequent trial will have to be over in another year.

10

Nothing has been provided in law to recover the ill gotten wealth. After serving his sentence a corrupt person can come out of Jail and use the money.

Loss caused to Government due to corruption will be recovered from those proved guilty.

04-11-2011 03:51 PM
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