Difference between Jan Lokpal Bill and Draft Lokpal Bill


Jan Lokpal Bill (Citizen’s Ombudsman Bill) Draft Lokpal Bill (2010)
Lokpal will have powers to initiate suo moto action or receive complaints of corruption from the general public. Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
Lokpal will have the power to initiate prosecution of anyone found guilty. Lokpal will only be an Advisory Body with a role limited to forwarding reports to a “Competent Authority”.
Lokpal will have police powers as well as the ability to register FIRs. Lokpal will have no police powers and no ability to register an FIR or proceed with criminal investigations.
Lokpal and the anti corruption wing of the CBI will be one independent body. The CBI and Lokpal will be unconnected.
Punishments will be a minimum of 10 years and a maximum of up to life imprisonment. Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.

Detailed

The following table details differences between the Government and activist backed versions

Issue The Jan Lokpal Bill Government’s Lokpal Bill
Prime Minister Can be investigated with permission of seven member Lokpal bench. PM can be investigated by Lokpal after s/he vacates office.
Judiciary Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench. Judiciary is exempt and will be covered by a separate “judicial accountability bill”.
MPs Can be investigated with permission of seven member Lokpal bench. Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated.
Lower bureaucracy All public servants would be included. Only Group A officers will be covered.
Central Bureau of Investigation (CBI) The CBI will be merged into the Lokpal. The CBI will remain a separate agency.
Removal of Lokpal members and Chair Any person can bring a complaint to the Supreme Court, who can then recommend removal of any member to the President. Any “aggrieved party” can raise a complaint to the President, who will refer the matter to the CJI.
Removal of Lokpal staff and officers Complaints against Lokpal staff will be handled by independent boards set-up in each state, composed of retired bureaucrats, judges, and civil society members. Lokpal will conduct inquiries into its own behavior.
Lokayukta Lokakyukta and other local/state anti-corruption agency would remain in place. All state anti-corruption agencies would be closed and responsibilities taken over by centralized Lokpal.
Whistleblower protection Whistleblowers are protected law. No protection granted to whistleblowers.
Punishment for corruption Lokpal can either directly impose penalties, or refer the matter to the courts. Penalties can include removal from office, imprisonment, and recovery of assets from those who benefited from the corruption. Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current law.
Investigatory powers Lokpal can obtain wiretaps, issue rogatory letters, and recruit investigating officers. Cannot issue contempt orders. Lokpal can issue contempt orders, and has the ability to punish those in contempt. No authority to obtain wiretaps, issue rogatory letters, or recruit investigating officers.
False, frivolous and vexatious complaints Lokpal can issue fines for frivolous complaints (including frivolous complaints against Lokpal itself), with a maximum penalty of 1 lakh. Court system will handle matters of frivolous complaints. Courts can issue fines of Rs25,000 to 2 lakh.
NGOs NGOs not within the scope due to their role in exposing corruption. NGOs are within the scope and can be investigated.
Scope All corruption can be investigated. Only high-level corruption can be investigated.

Courtesy: Wikipedia

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s