Finally yesterday the govt introduced lokpal bill in parliament ONE MORE TIME. But this was not interesting, its the jan lokpal bill which is interesting. Jan lokpal bill got much popularity among people, its like the one nuclear missile which can eradicate corruption from India, Team-anna promoted it well.
After reading Jan lokpal bill version 2.3 (Yes, there are versions to it, 2.3 is latest), I have come across few interesting points in it.
6.(w) To prepare an appropriate reward scheme to encourage complaints from within and outside the government to report acts and evidence of corruption.
Provided that the total value of such reward shall not exceed 10% of the value of the loss recovered or loss prevented.
I personally liked this one.
7.4 A Lokpal bench may punish a public servant with imprisonment up to 6 months or with fine or both, if he fails to comply with its order for ensuring their compliance
6.(d) to ensure that the public grievances covered by this Act are redressed in a time bound manner
6.(p) To ensure due compliance of its orders by imposing penalties on persons failing to comply with its orders as provided under this Act.
Sounds interesting ...is not it?
7.5 If during the course of investigation into a complaint, the Lokpal feels that continuance of a government servant in that position could adversely affect the course of investigations or that the said government servant is likely to destroy or tamper with the evidence or influence the witnesses or is likely to continue with corruption, the Lokpal may issue appropriate directions including transfer of that government servant from that position.
Its required.
7 (8) If during any investigation under this act, the Lokpal is satisfied that any preventive action is necessary in public interest to prevent the ongoing incidence of corruption, it may make any recommendation to the public authority concerned to stay the implementation or enforcement of any decision or take any such action as is recommended by the Lokpal. The public authority shall either comply with the recommendation of the Lokpal or reject the same within 15 days of the recommendation thereof. In the event of rejection of its recommendation, the Lokpal may approach the appropriate High Court for seeking appropriate directions to be given to the public authority.
Messing up with administrative procedures, but sounds interesting. And the question is, if you threaten someone with legal procedures if he didnot comply with what you said, can we call it a "recommendation" ? You dont punish a public authority because it didnt follow your "recommendations" .
20.4 The Chief Justices of High Courts will constitute such number of special benches in respective High Courts to hear cases under this Act, to ensure that an appeal in any case is decided as expeditiously as possible and not later than six months.
20.5 The judges of Special Courts and the appellate benches set up by High Courts to hear cases under this Act will deal only with cases under this Act
Yes, as we dont have any pending cases in courts, and many judges are just passing time with mobile games. So we can afford to have dedicated judges who will not deal with any other cases :P
23 (3) If the beneficiary of an offense is a business entity, in addition to the other punishments provided for under this Act and under the Prevention of Corruption Act, a fine of up to five times the loss caused to the public shall be recovered from the accused and the recovery may be made from the assets of the business entity and from the personal assets of its Managing Directors, if the assets of the accused person are inadequate.
Is it really feasible?
23.(4) If any company or any of its officer or Director is convicted for any offence under Prevention of Corruption Act, that company and all companies promoted by any of that company's promoters shall be blacklisted and be ineligible for undertaking any government work or contract in future.
So, if one director is corrupt, the whole company with its employees has to jump in river musi.
25. (14) There shall be at least one officer of the Lokpal in each district to receive grievances who shall be called an Appellate Grievance Officer. However, in such places where there is more concentration of central government offices, there shall be more Appellate Grievance Officers as may be required.
25. (15) A social audit of each Appellate Grievance Officer shall take place every six months, in which he shall present himself before the public, present the data related to his functioning, respond to public queries and incorporate suggestions from public in his functioning. The public hearing shall be attended by a senior officer from Lokpal.
Well, people are not that active to participate in an event like social audit. Check the social audit details of MNREGA or panchayati budget.
27. (3) The Special Court would also determ[ine whether apart from the above the accused person by his corrupt acts has also caused any loss to the exchequer or any other person and determine the amount of loss so caused. The Court shall make an order levying a fine on the accused persons so convicted for the recovery of the entire loss which his corrupt acts have caused and shall also apportion this amount among the various convicted accused persons to be recovered from them as fines.
Is there anyway Raja could be fined with 1.76lac cr ? can he pay it?
27. (4) During the course of investigation if the Investigating Officer finds any property or asset which appears to have been acquired by the corrupt acts of an accused person who is being investigated, it shall make an order of attachment of those assets so that they are available for confiscation at the time of the conviction of such accused persons. In case the accused person is ultimately acquitted, these attached assets and properties will be restored to him.
hehe
30. (1) Notwithstanding anything contained in this Act, if someone makes any complaint under this Act, which lacks any basis or evidence and is held by Lokpal to be meant only to harass certain authorities, Lokpal may impose such fines on that complainant as it deems fit, but the total fine in any one case shall not exceed Rs one lakh.
Provided that no fine can be imposed without giving a reasonable opportunity of being heard to the complaintant.
Provided further that merely because a case could not be proved under this Act after investigation shall not be held against a complainant for the purposes of this section.
Provided that if such complaint is against the staff or officers of Lokpal, Lokpal may sentence the complainant to three months of simple imprisonment in addition to fine.
(2) Such fines shall be recoverable as dues under Land Revenue Act.
(3) A complaint or allegation once made under this Act shall not be allowed to be withdrawn.
So, its likely that we end up paying 1 lakh as fine , because its not proved. We are struck with many murder cases because of loss of evidence. In corruption cases ,there wont be DNA's, cant use hounds.
I am not against the jan lokpal bill, but i think its more idealistic in nature than practicable. The bill was drafted with the idea that corruption is the only problem of india and nothing else is not really a problem. The poverty, lack of courts, infrastructure, low cop per citezens ratio, these are not the problems, only corruption is the problem..... The bill heavily requires huge man power to carry its work in a "time bound manner". But the problem is, as it might be a good solution to corruption problem of india, it could create problems to other areas of politics.
The definition of corruption from the point of jan lokpal seems to be at a level of 2G scam and CWG scams. But the definition of corruption for a common man is more with local govt officials. With the police, with revenue officer, at registration office, at RTA, at the govt hospital, while taking up a govt job, while getting scholarship, while receiving govt benefits ...etc etc. We read about 2G scam in news papers, we were shaken by the figure 1.76 lakh crore. But the 2G scam didnot hit us directly...our call rates dropping, SMS is getting cheaper and cheaper. The same applies to CWG scam or stamp papers scam or bofors. I dont mean to say, we should not be bothered about those, but the focus should be more on the corruption which a conman man faces in day to day life.
How could we prove the corruption charges against an officer who is collecting money from the SC/ST students to give them the scholarships? What about the corrupt police who changed the evidence in favor of a party? What about the staff at NIMS hospital who demand money to push stretcher? Corruption at this level is hard to prove, if the same bill which is supposed to protect me from corruption, punishes me because it was not proven, then whats the point of the bill? Do you think its fair to ask a constable to do a work in a timebound manner (and threatening him with legal consequences )where police are already understaffed?
With the promises made in the bill, it requires an army of officials in a country of 1.6 billion population. I am not sure if 0.25% of total indian revenue is sufficient to keep up with the promises made.
As the discussion about jan lokpal is not complete without PMO, i found this loksatta article which gives more insight regarding that
http://news.loksatta.org/2011/06/lok-pal-and-prime-minister.htmlThe draft of janlokpal can be found at
http://www.indiaagainstcorruption.org/downloads.html 
