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Inklab Jindabad! Anna Hajare Jindabad ! Vande Mataram!

The document discusses arguments for and against the Jan Lokpal bill proposed by Team Anna to establish an independent anti-corruption ombudsman institution called Lokpal. [1] Supporters argue that existing institutions like CBI and CVC have failed to curb corruption due to limited powers, so a stronger institution like Lokpal is needed. Lokpal will have powers to investigate and prosecute corrupt politicians and bureaucrats independently. [2] Critics argue that creating another powerful watchdog institution may not solve the problem and could be open to corruption itself over time. However, supporters counter that Lokpal will have more effective powers and oversight than existing bodies. The document analyzes both sides of the debate over

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0% found this document useful (0 votes)
79 views6 pages

Inklab Jindabad! Anna Hajare Jindabad ! Vande Mataram!

The document discusses arguments for and against the Jan Lokpal bill proposed by Team Anna to establish an independent anti-corruption ombudsman institution called Lokpal. [1] Supporters argue that existing institutions like CBI and CVC have failed to curb corruption due to limited powers, so a stronger institution like Lokpal is needed. Lokpal will have powers to investigate and prosecute corrupt politicians and bureaucrats independently. [2] Critics argue that creating another powerful watchdog institution may not solve the problem and could be open to corruption itself over time. However, supporters counter that Lokpal will have more effective powers and oversight than existing bodies. The document analyzes both sides of the debate over

Uploaded by

Atul Chahal
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Inklab jindabad!

Anna Hajare Jindabad !

Vande mataram!

Jai hind, This is Dr. Gopalkrishna Gawade from Pune. People think that youth dont know about Lokpal bill and we want to do only stunts on roads. We prove them wrong. Here is proof. Your every step is after complete thinking. We know more than enough about Lokpal by Team Manmohan and Janlokpal by Team Anna. No politician can make us fool. India is no more illiterate about their right. Sr. No 1 Do we really need another institution to control what we do? If we (voters and men-women of various professions) and our bureaucracypoliticians-police are not doing the respective jobs right, there is no guarantee that adding one more institution will really help. Arguments Against Janlokpal Sr. No. 1 Calling Lokpal as another institution is not correct, as at the timing of framing constitution, no system of lokpal was considered. Considering the rampant corruption prevailing in country, formation of Lokpal like election commission is fairly good idea.As CBI and CVC which were formed to counter corruption are failed totally as CBI and CVC do not have inherent power to try corrupt officers and MPs . Lokpall will have mandate to try those corrupt officers. So Lokpal is need of time. 2 You have a body X which is supposed to a job and do it right. But since you dont believe in X anymore, youre appointing Y. I dont see any guarantee that Y will be incorruptible. Where does it end? Or does it just give us someone new to point our fingers at? We dont accept the blame; were bored of blaming the government, so next we will blame the Lokpal! 2 X has not done his job right! Proof is ongoing corruption. Why X not did his job right? Because powers of x were limited. X was like a country made rivolver(desi katta) so was not useful. So its now time use AK47 which is y! So Y will competent enough to do job which hitherto not done by X as X have inherent limitation on him. (limits of CBI and CVC will be known) Its always survival of the fittest; similarly institution which has failed should give way for more competent institutes. Arguments For Janlokpal

On a philosophical note, Gandhiji said learn self-rule, meaning the rule of your own conscience, without a need of an outsider watchdog. If we dont do that, no collection of governing/eye-keeping/watchdog bodies will truly help. Why do we always need someone to babysit us, our government, our judiciary and more? Apparently our conscience is not troubled enough to keep us awake at night.

On philosophical side , Gandhi is true anarchist. Gandhi said, there is no need of police if citizen are self disciplined! This had ideological base. In real world every human is greedy, selfish as Machiavelli has said. So there is always need of such institutions. So if we think in ideal way then there is also no need of court, police, administration, legislature or executive as there is self rule. This ideal preposition hardly works in real life.

The ultimate challenge is to create a system which will work largely independent of people of such tremendous incorruptibility. There has to be a feedback loop. By design, it should be largely robust to the personal specificities of the ones running it. Democracy tries to achieve this, by having elections as feedback loops.

Again in democracy, there need to have check and balances. Means, if democracy works as a loop, why there is need of supreme court either? Its only executive which are responsible to people, but people do not always vote on rational criteria and country like India where people vote according to caste, language, calling democracy will take care of all evils is absurd. Again politicians (corrupt) win election on money and muscle powers. Will getting elected will legitimize there corruption? It is our responsibility to vote and vote to honest. But is there choice. All political parties are corrupt, that is why people we see on roads today (spending much more time than what voting might need on election day), spend their election holiday as holiday! Now what to do? If we dont have alternative other than BJP or congress why not to have check of lokpal on their behavior. We dont want to finish politicians; we want to finish corruption in them. This time we will teach them lesion in election too. Lokpal will also be elected people.

The Lokpal can override the police, the government and act as a court. Isnt that too much power? If the whole issue is that power corrupts, how is creating something EVEN more powerful [than the government] and giving it in the hands of EVEN fewer persons [than the government] helpful? And how is this different from all of police, courts having to finally listen to the Lokpal? How is this different from putting your faith in a good, benevolent ruler king/queen (like we have done for most of our history)?

Lokpal will act as election commission. At the time of election, EC has many draconian powers, even can suspend official without inquiry, due this power EC can act more efficiently (peoples representation act1951). so Lokpal must have teeth so he can bite!!! Also common man can file case against lokpal and if found guilty will be punished very hard. Can we do same for our PM? Forget PM, even against MP or MLA?

If we think by arranging for requirements by the Lokpal to be transparent, the transparency can be achieved, why not do it for all the existing systems and the politicians and officers? Its easier said than done. And, if making punishments more severe stops corruption, we will keep needing more and more watchdogs, as it is clear that we cannot be guided by our conscience but only by the fear of getting caught and punished.

Lokpal is not addition of watch dogs but is compiling all watchdogs and making them powerful. It has been proved many times that only strict lows can bring discipline (examples are: all European countries, America, Saudi Arabia). Again there is call of inclusion in committee! Jan Lokpal Bill is only draft. Not final law! So this objection is not correct. What is NAC is all about? Sonia Gandhi chooses individuals who are not accountable to anybody. NAC dictates term to government (food security bill, rural employment guarantee act).

Though I do not wish to question the integrity and good intentions of the proponents of Jan Lokpal bill, is fast-unto-death a democratic way to go? Did I miss the public debate about this? Have all the discussions and negotiations failed? I have the highest respect for all the soldiers against corruption; but is bringing the government down on its knees by threatening to take our lives a good example of social leadership in a democracy?

No one is really mad to fast for 16 days (Annas last record) when everything is going smooth. In that sense, it must be wrong that Gandhiji did fast and brought British government on knees. Bapu has shown to us much better way to do protest against injustice and corruption. What you are seeing in Libya and Syria is definitely worst than doing peaceful fast. Nobody wants bloody revolution in India.

Sr. No 1

Lokpal Bill Formulated By Team Manmohan: IF 'X' be a person filing a complaint against Y. Y is a GOVT OFFICIAL in any agency and X is a common man. If 'X's is complaint is found to be false then he will be sentenced to JAIL for 2yrs. And if X complaint is found to be true then Y will be sentenced to either suspend or will be imprisoned or sentenced to JAIL for 6months.

Sr. No 1

Janlokpal Bill By Team Anna

This clearly favours corruption as in only 20% cases suspected corrupt is punished in any form. So hence after no bloody Indian will file case of corruption against any govt officer or political leader. So janlokpal is most. The punishment to corrupt would be minimum 5 years and maximum of life imprisonment.

The government proposes to set up Lokpal to check corruption at high places and salvage its image. Government's Lokpal will not have any power to either initiate action suo motu in any case or even receive complaints of corruption from public. The government wants Lokpal to be an advisory body, which will only forward its enquiry report to the competent authority for action. The government's Lokpal will not have any police powers and it will not be able to register an FIR

But there are stark differences between the government's version of the Lokpal Bill and the civil society's. The government Bill, actually, seems to be toothless. The Jan Lokpal proposes full powers to initiate investigations suo motu in any case and also to directly entertain complaints from the public. The Jan Lokpal Bill proposes powers to initiate prosecution after completion of investigations. . The Jan Lokpal proposes police powers and would be able to register FIR, proceed with criminal investigations and launch prosecution. But the Jan Lokpal Bill proposes no such bar on Lokpal's powers. The Jan Lokpal will have jurisdiction over politicians, officials and even judges. It also proposes merging the entire vigilance machinery into Lokpal.

The government's Lokpal won't have powers to 6 investigate any case against PM, which deals with foreign affairs, security and defence. The government's Lokpal will not have jurisdiction over bureaucrats and government officers. 7

Sr. No

Present

Sr. No

Future (Janlokpal)

The Anti Corruption Branch and CBI comes under the government. Despite having evidence, it is very difficult to convict people as they have to take permission from the same bosses, against whom the case has to be investigated. No corrupt officer is dismissed from the job because Central Vigilance Commission, which is supposed to dismiss corrupt officers, is only an advisory body. Whenever it advises government to dismiss any senior corrupt officer, its advice is never implemented. No action is taken against corrupt judges because permission is required from the Chief Justice of India to even register an FIR against corrupt judges The functioning of CBI and vigilance departments is secret and hence it promotes corruption.

An institution called LOKPAL in the centre and LOKAYUKTA in each state will be set up. These institutions will completely independent of the governments, just like the Supreme Court and the Election Commission. No minister can influence their investigations Investigation in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt officer, or politician goes to jail in two years max. The loss that a corrupt person caused to the government will be recovered at the time of conviction. If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a months time. Election of Lokpal officials What if government appoint corrupt and weak people as Lokpal members? That wont be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months. What will happen to existing anticorruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician. The punishment would be minimum 5 years and maximum of life imprisonment.

Weak and corrupt people are appointed as heads of these institutions by the government

Citizens face harassment in government offices. Sometimes they are forced to pay bribes. One can only complaint to senior officers. No action is taken on complaints because senior officers also get their cut. Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.

Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.

Jai hind! Dr. Gawade Gopalkrishna , Madhukar general hospital, Anandnagar , Sinhgad road , Pune -51 9766325050

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