Lokpal

Lokpal
The word Lokpal means an ombudsman in India. The word has been derived from the Hindi
words "lok" (people) and "pal" (protector/caretaker). So the word Lokpal means 'Protector of
people'.The concept of Lokpal has been drawn up ostensibly to root out corruption at high places
in the prevailing Indian polity.
Lokpal Bill
After 42 years the lokpal bill is still pending in India. The first Lokpal Bill was passed in the 4th
Lok Sabha in 1969 but could not get through in Rajya Sabha, subsequently, Lokpal bills were
introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were never
passed and its pending. [1][2]
The Lokpal Bill provides for filing complaints of corruption against the prime 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 administrative
machinery. Following this, the Lokpal Bill was for the first time presented during the fourth Lok
Sabha in 1968, and was passed there in 1969.
However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, resulting the
first death of the bill. 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 was referred
to some committee for improvements - a joint committee of parliament, or a departmental
standing committee of the Home Ministry - and before the government could take a 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 of
India Against Corruption (IAC) have prepared a draft for the bill called Jan Lokpal Bill.[2]
History
The basic idea of the Lok Pal is borrowed from the office of ombudsman, which has played an
effective 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 an
Ombudsman in India too. The Administrative Reforms Commission (ARC) set up in 1966
recommended the constitution of a two-tier machinery - of a Lokpal at the Centre, and
Lokayukt(a)s in the states.
Duties
Prime Minister or a House of Parliament — to whom a Lokpal sends its report holds that the
allegations of corruption made in a complaint against the Prime Minister, or a Minister or MP
(present or past) have not been proved, "notwithstanding anything contained in any other law",
"no prosecution shall lie on any complaint, report, information or otherwise and no court shall
take cognisance of any offence on the basis of the same or substantially the same allegations."
The Lokpal is empowered to give directions for deferring or suspending any ongoing police
investigations in matters covered by the complaints made to it.
There are many more gems of justice that deserve attention. Contradictory to the government’s
claim that the Lokpal would provide the common man with exemplary powers to censure his/her
elected representative, every complainant, the government’s ‘common man’, has to pay a fees
and take full responsibility for leveling charges and in case the complaint is found to be baseless,
to discourage the same ‘common man’, serious punitive action extending to two years in jail and
Rs.50,000 in fine will be imposed on the complainant.
Charges of corruption in the Indian legal system are not necessarily covered only under the
Prevention of Corruption Act, 1988 but also under many other Acts, but the Lokpal restricts its
ambit to the cases under this Act.
Regarding the constitution of the Lokpal, the Chairman of the Lokpal shall be from among past
or present chief justices of Supreme Court. But the other two members of the Lokpal may also be
from those qualified to be judges of the Supreme Court. The loose end left here makes countless
many from India’s entire judiciary eligible for the post including those who are also senior party
politicians with legal background.
Lokpal is highest institution in India to investigate corruption at higher places in Government.

Creation of Lokpal institution is under process. Many previous attempt were unsuccessful due to
lack of political support.
This institution will cover all government ministers, officers at centre including Prime Minister
(Under Debate).
Differences between Draft Lokpal Bill 2010 and Jan Lokpal

Bill
Draft Lokpal Bill (2010) Jan Lokpal Bill
Lokpal will have no power to initiate suo moto action
Lokpal will have powers to initiate suo
or receive complaints of corruption from the general
moto action or receive complaints of
public. It can only probe complaints forwarded by LS
corruption from the general public.
Speaker or RS Chairman.
Lokpal will be much more than an
Lokpal will only be an Advisory Body. Its part is only
Advisory Body. It should be granted
limited to forwarding its report to the "Competent
powers to initiate Prosecution against
Authority"
anyone found guilty.
Lokpal will not have any police powers. It can not Lokpal will have police powers. To say
register FIRs or proceed with criminal investigations. that it will be able to register FIRs.
CBI and Lokpal will have no connection with each Lokpal and anti corruption wing of CBI
other. will be one Independent body.
The punishment should be minimum 5
Punishment for corruption will be minimum 6 months
years and maximum up-to life
and maximum up-to 7 years.
imprisonment.
Lokpal will not be a monopoly for
particular area

Lokpal

Uploaded by

Copyright:

Available Formats

Lokpal

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Lokpal

Uploaded by

Copyright:

Available Formats

Lokpal

Lokpal is highest institution in India to investigate corruption at higher places in Government.

Differences between Draft Lokpal Bill 2010 and Jan Lokpal

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.