With so much debate going around on the Lokpal bills of government and civil society which is being pushed by Anna Hazare and his team. Following are the points of difference between the two.
Existing System of goverment is in black fonts and that of the civil society Jan Lokpal in Purple color
No politician or senior officer ever goes to jail despite huge evidence because Anti Corruption Branch (ACB) and CBI directly come under the government. Before starting investigation or initiating prosecution in any case, they have to take permission from the same bosses, against whom the case has to be investigated.
Lokpal at centre and Lokayukta at state level will be independent bodies. ACB and CBI will be merged into these bodies. They will have power to initiate investigations and prosecution against any officer or politician without needing anyone permission. Investigation should be completed within 1 year and trial to get over in next 1 year. Within two years, the corrupt should go to jail.
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.
Lokpal and Lokayukta will have complete powers to order dismissal of a corrupt officer. CVC and all departmental vigilance will be merged into Lokpal and state vigilance will be merged into Lokayukta.
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.
Lokpal & Lokayukta shall have powers to investigate and prosecute any judge without needing anyone permission.
|Anna Hazare has raised high Hopes|
Nowhere to go - People expose corruption but no action is taken on their complaints.
Lokpal & Lokayukta will have to enquire into and hear every complaint.
There is so much corruption within CBI and vigilance departments. Their functioning is so secret that it encourages corruption within these agencies.
All investigations in Lokpal & Lokayukta shall be transparent. After completion of investigation, all case records shall be open to public. Complaint against any staff of Lokpal & Lokayukta shall be enquired and punishment announced within two months.
Weak and corrupt people are appointed as heads of anti-corruption agencies.
Politicians will have absolutely no say in selections of Chairperson and members of Lokpal & Lokayukta. Selections will take place through a transparent and public participatory process.
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.
Lokpal & Lokayukta will get public grievances resolved in time bound manner, impose a penalty of Rs 250 per day of delay to be deducted from the salary of guilty officer and award that amount as compensation to the aggrieved citizen. Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.
Loss caused to the government due to corruption will be recovered from all accused.
Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.
Enhanced punishment - The punishment would be minimum 5 years and maximum of life imprisonment.
These difference look attractive to a common man but are difficult to execute. The first hurdle is the parliament. No bill can become law unless approved by the parliament. Majority of politicians are opposed to tightening their own rights.
Further, excecution would involve wider section of police and judiciary where the amount of corruption is no lesser than politics.
Before the Lokpal revival of judiciary is required so that judgements are delivered in time. If that happens most of the problem would get solved.