This presentation describes what is Lokpal bill, why it is needed and the difference between Governments draft and Civil society's draft of the bil etc.

1. Topic : “The lokpal bill and
the role of civil SocieTy”
Presenentation by:
Umesh Bhosale

2. CONTENTS:
1. Introduction:
2. Focus Questions:
i)What is Lokpal?
ii)What is the need of Lokpal?
iii)Role of Anna Hazare and civil society in making
of Lokpal?
a]Criticism
iv)What are the main provisions in Lokpal
Bill,2011?
v)Comparison between Governments Bill and
Janlokpal Bill.
vi)Can Lokpal Bill really root out the problem of
Corruption?
3.Conclusion:
4.Reference And Bibliography:

3. INTRODUCTION:
 As we know that corruption is far increasing in
India and it is now becoming a threat to the
democracy of India. Basically I was not aware
about the lokpal bill, discussions were going
about Lokpal Bill in the media.
So I was curious to know about the topic,
that’s why I have chosen this topic.
This topic basically covers the meaning of
Lokpal, its need and its implementation in India.
This topic also covers the difference between
Janlokpal Bill and Lokpal Bill 2011 .

4. MY FOCUS QUESTIONS:
i] What is Lokpal Bill and what is the
need of Lokpal Bill?
ii] What was the role of Anna Hazare and his
civil society in the making of Lokpal?
iii] What are the main provisions
in Lokpal bill 2011?
iv] What are the differences between Janlokpal
Bill and government Lokpal Bill?
v] Can Lokpal Bill really root out the
problem of corruption?

5. WHAT IS LOKPAL ?
 The word Lokpal, means an ombudsman, has
been derived from the Sweden, drawn up
ostensibly to root out corruption at high places the
prevailing in Indian polity. It has been created to
provide immunity to the corrupt at all levels that it
claims to bring under its ‘objective’ scrutiny.
 The basic idea of the institution of Lokpal was
borrowed from the concept of Ombudsman in
countries such as Finland, Norway, Denmark,
Sweden, U.K. and New Zealand. In 1995, the
European Union created the post of European
Ombudsman. Presently, about 140 countries have
the office of the Ombudsman.

6. CONT…..
 The Ombudsman is an institution, independent
of the judiciary, executive and legislature and
analogous with that of a high judicial
functionary. He is mostly free to choose his
investigation method and agency. The
expenditure of the office is under Parliamentary
control.

7. NEED OF LOKPAL BILL:
 In 2011, India ranked 95th in the Corruption
Perceptions Index of Transparency International.
A recent survey estimated that corruption in
India had cost billions of dollars and threatened
to derail growth. India lost a staggering $462
billion in illicit financial flows due to tax evasion,
crime and corruption post-Independence,
according to a report released by Washington-
based Global Financial Integrity.
 The current anti-corruption institutions in India
such as CBI,CVC have drawbacks and
limitations so there is a need of some institution
which will be specially designed to investigate
corruption.

8. CONT……
 The least corrupt countries in the world such as
Finland ,Sweden ,Norway have institution like
Ombudsman. It means that institutions like
Lokpal(ombudsman) have been successful
internationally.
 For the transparent investigation of corruption
effective Lokpal Bill is must. Lokpal is such an
important and useful bill but due to political
inactiveness and for the sake of political profit
still it is not passed in parliament and over the
years its cost is increasing.

9. ROLE OF ANNA HAZARE AND CIVIL
SOCIETY IN MAKING OF LOKPAL BILL:
 In April 5, 2011, Anna Hazare, a 74 year-old Social-
Activist, initiated fast unto death Satyagraha
movement, using nonviolent means, pressed for passing
a stronger anti-corruption Lokpal (ombudsman) bill in
the Indian Parliament.
 The peaceful movement led by Hazare was joined by
people of all ages. Social activists, including Medha
Patkar, Arvind Kejriwal, and former IPS officer Kiran
Bedi lent their support. People showed support in social
media. In addition to spiritual leaders Sri Sri Ravi
Shankar, Swami Ramdev, Swami Agnivesh and former
Indian cricketer Kapil Dev, many celebrities supported
him. And for the first time in decades it saw the urban
middle class emerge spontaneously on the streets in
huge number for a para-political cause.

10. CONT…..
 Due to the increasing support for the movement the
Government accepted the movement's demands. On
9, April it issued a notification in the Gazette of
India on formation of a joint committee.
 When government prepared the draft of Lokpal Bill
civil society opposed it and Anna Hazare decided to
begin the fast again. Government said that Team
Anna is blackmailing the government to accept
their demands.
 Over the period there were differences between
Team Anna ,many members left the team stating
that the team was becoming political. One of the
members Arvind Kejriwal established his own
political party.

11. CRITICISM:
 Extra-constitutional: Some critics described
JanLokpal as a monster institution because of
extensive power the Bill have. Some criticized
saying that centralising powers in Lokpal, which
was a non-elected entity, was anti-democratic.
 Accusation of being Anti-dalit: Some dalit
institutions described Anna’s campaign as anti-
dalit and manuvadi. It said that Anna’s
campaign reflects Hinduism.
 Hazare and his team was accused of working for
RSS and BJP's behest.

12. WHAT ARE THE MAIN PROVISION IN THE
LOKPAL BILL 2011?
 As given in the draft “Lokpal Bill 2011 is A bill to
provide for the establishment of the institution of
Lokpal to inquire into allegations of corruption
against certain public functionaries and for
matters connected therewith or incidental
thereto.”
 Draft of Lokpal Bill 2011 comprises of 15
chapters which have 63 clauses.

13. IMPORTANT PROVISIONS:
i] Lokpal will have nine members including a
chairperson who is or has been a Chief Justice
Of India,or has been a judge of Supreme Court or an
eminent person.
ii] Fifty percent of the members of Lokpal shall be
persons belonging to SC,ST,OBC and women.
iii] Prime Minister will be chairperson of the
selection Committee which will appoint Lokpal and
its members . It will comprise of Speaker of the
house, Leader of the opposition, Chief Justice Of
India or a judge of Supreme Court nominated by him
, one eminent jurist nominated by the president.

14. CONT…..
iv] Lokayukta in every state will consist of a
chairperson and eight other members.
v] Lokayukta and other members will be appointed
by governor of which CM of the state will be
chairman of the selection committee.
vi] The Central Bureau of investigation will not be
controlled administratively by Lokpal.
v] Lokpal will have no jurisdiction as far as PM is
concerned and with the issues related international
relations, external and internal security ,public
order ,atomic energy and space.

15. CONT…..
vi] Lokpal cannot have power to initiate proceedings
against an officer on its own ; a complaint has to be
lodged wit the ombudsman before it orders an
inquiry.
vii] Lokpal has the power to recommend central
government transfer and suspension of public servant
with allegation of corruption.
vii] Lokpal shall constitute as an enquiry wing.
Provided that till such time it is constituted central
government shall make available such number of
officers and other staff from its ministries or
departments.

16. CONT…….
viii] Lokpal shall also constitute as a prosecution
wing. Provided that till such time it is constituted
central government shall make available such
number of officers and other staff from its
ministries or departments
ix] Lokpal can recommend corruption cases to
agencies like Central Vigilance Commission and
will have to submit report to Lokpal after an
enquiry.

17. COMPARISON BETWEEN
GOVERNMENTS LOKPAL BILL AND
JANLOKPAL BILL:
 The civil society criticized the Governments Draft
of Lokpal Bill on various issues. And then it came
with their on draft known as the Janlokpal Bill.
They claimed that this bill is strong enough to
prevent corruption.
 The difference between Jan lokpal Bill and
Governments Bill is compared in the following
slides-

18. Topic Janlokpal Bill Lokpal Bill
1]Prime
Minister
Lokpal should have
power to investigate
allegations of
corruption against
PM. Special
safeguards provided
against frivolous and
mischievous
complaints
PM kept out of Lokpal’s
purview.
2]CBI Anti-corruption
branch of CBI should
be merged into
Lokpal.
CBI cannot be controlled
administratively by
Lokpal.

19. Topic Janlokpal Bill Governments Draft
3]Lokayuktas The same bill should
provide for Lokpal
at centre and
Lokayuktas in
states.
Only Lokpal at the
centre would be created
through this Bill.
4]Dismissal of
Corrupt
Government
Servant
After completion of
investigations, in
addition to filing a
case in a court for
prosecution, a bench
of Lokpal will hold
open hearings and
decide whether to
remove the
government servant
from job.
The minister will
decide whether to
remove a corrupt
officer or not. Often,
they are beneficiaries
of corruption,
especially when senior
officer are involved.
Experience shows that
rather than removing
corrupt people,
ministers have
rewarded them.

20. Topic Janlokpal bill Governments Draft
5]Judiciary Lokpal should have
powers to investigate
allegation of corruption
against judiciary.
Special safeguards
provided against
frivolous and
mischievous complaints
Judiciary kept out of
Lokpal purview.
6]Whistleblower
Protection
Lokpal will be required
to provide protection to
whistleblowers,
witnesses and victims
of corruption.
No mention in this
draft.

21. Topic Janlokpal Bill Governments Draft
7]Method of
Inquiry
Method would be the
same as provided in
CrPC like in any
other criminal case.
After preliminary
enquiry, an FIR will
be registered. After
investigations, case
will be presented
before a court, where
the trial will take
place
CrPC being amended. Special
protection being provided to
the accused. After preliminary
enquiry, all evidence will be
provided to the accused and
he shall be heard as to why an
FIR should not be regd
against him. After completion
of investigations, again all
evidence will be provided to
him and he will be given a
hearing to explain why a case
should not be filed against
him in the court. During
investigations, if
investigations are to be
started against any new
persons, they would also be
presented with all evidence
against them and heard.

22. Topic Janlokpal Bill Governments
Draft
8] Lower
bureaucracy
All those defined as
public servants in
Prevention of
Corruption Act
would be covered.
This includes lower
bureaucracy.
Only Group A
officers will be
covered.
9] Special benches in
HC
High Courts will set
up special benches to
hear appeals in
corruption cases to
fast track them
No such provision.

23. Topic Janlokpal Bill Governments Draft
10]Jurisdiction Offences by a public
servant, including
government
employees, judges,
MPs, Ministers, and
the Prime Minister
under the Indian
Penal Code and the
1988 Corruption Act.
Any offence
committed by an MP
in respect of a speech
or vote in the House;
willfully giving or
taking benefit from a
person. Victimizing a
whistleblower or
witness.
All corruption cases
under the Prevention
of Corruption Act,
1988. It covers MPs,
Ministers, ‘Group A’
officers, ‘Group A’
officers in a company
or body owned by the
government, any
officer of a
government-financed
society or trust or
funded by Foreign
Contribution
(Regulation) Act, 1976
or that gets funds
from the public.
Excludes PM,
judiciary and any
action of an MP in the
Parliament or
Committee.

24. Topic Janlokpal Bill Goverments
Draft
11]Other Powers The Lokpal can receive
complaints from whistle-blowers,
issue search warrants, attach
property, recommend
cancellation/modification of a
lease or license or blacklist a
company. If recommendation of
Lokpal is not accepted it can
approach the High Court. A bench
of the Lokpal can approve
interception and monitoring of
messages transmitted through
telephone or internet.
The Lokpal can
search and seize
documents, attach
property for 90
days, file for
confirming the
attachment within
30 days, and
recommend
suspension of the
accused.
Source:
http://news.indiaagainstcorruption.org/?p=3022&utm_source=rss&utm_
medium=rss&utm_campaign=govt-lokpal-bill-vs-jan-lokpal-bill

25. CAN LOKPAL REALLY ROOT OUT THE
PROBLEM OF CORRUPTION?
 The answer is NO.
 Framing a law like Lokpal can help in checking corruption
but it will not be able to root out the problem corruption
completely.
 To root out the problem of corruption in a decisive manner
a strong initiative at he level of society has to be taken.
 Change needs to start from the roots, not from the tip. This
is the present issue now. Leaders used to ask us not to
encourage corruption, but it is not at all possible in this
country, because things won’t move if we won’t fill up the
pockets. People prefer things to be done quickly in this fast
world, no one is going to stand up against the one who
asked for a bribe, because simple, we don’t like to wait.
Everyone wants their work to go on in any way. Corruption
is not something only in politics, it is wide, and it has its
presence everywhere, in every nook and corner of this
country.

26. CONCLUSION:
 I think that a strong and effective Lokpal Bill
will certainly help in reducing corruption but will
not root it out completely.
 But Lokpal is not a magical wand that if it is
passed in the parliament it will eradicate
corruption. But that simple bill is no longer
enough to free our nation from corruption. The
thoughts of each and every citizen are needed.
Change should come in the citizens of our
country, not in the constitution. The change in
the law just paves a way for judicial restrictions;
it is no more going to do anything beyond that.

27. REFERENCES AND BIBLIOGRAPHY:
1. http://en.wikipedia.org/wiki/The_Lokpal_Bill,_2011
2. www.thehindu.org.in
3. http://timesofindia.indiatimes.com/
4. www.prsindia.org/.../Lokpal/Comparison%20betw
5. www.transparency.org
6. www.forbesindia.org
7. www.wikipedia.org
8. http://news.oneindia.in/2011/12/22/some-key-features-of-lokpal-
and-lokayuktas-bill-2011.html
9.http://news.indiaagainstcorruption.org/?p=3022&utm_source=rss&
utm_medium=rss&utm_campaign=govt-lokpal-bill-vs-jan-lokpal-bill

28. Thank you….