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Friday, August 26, 2011

India these days






Difference between Jan Lokpal bill and Govt. Lokpal Bil

I found the difference between these two bills on a website and sharing with you here on this blog. Courtesy to : http://www.sify.com/news/difference-between-jan-lokpal-bill-and-draft-lokpal-bill-news-news-lixm9Gebjci.html

and Courtesy to: Wikipedia


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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
IssueThe Jan Lokpal BillGovernment's Lokpal Bill
Prime MinisterCan be investigated with permission of seven member Lokpal bench.PM can be investigated by Lokpal after s/he vacates office.
JudiciaryCan 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".
MPsCan be investigated with permission of seven member Lokpal bench.Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated.
Lower bureaucracyAll 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 ChairAny 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 officersComplaints 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.
LokayuktaLokakyukta 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 protectionWhistleblowers are protected law.No protection granted to whistleblowers.
Punishment for corruptionLokpal 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 powersLokpal 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 complaintsLokpal 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.
NGOsNGOs not within the scope due to their role in exposing corruption.NGOs are within the scope and can be investigated.
ScopeAll corruption can be investigated.Only high-level corruption can be investigated.