What’s the difference between the Jan Lokpal Bill (backed by Anna Hazare) and Arvind Kejriwal of IAC says, “The inclusion of people in a committee drafting. The Jan Lokpal Bill, also referred to as the Citizen’s Ombudsman Bill, was a failed The first version of the Lokpal Bill drafted by the Government of India in and Arvind Kejriwal on 7 April to find ways to bridge differences over the bill. Third draft of Lokpal bill by Aruna Roy seeks middle path – A group led by Aruna Roy and Harsh Mander wants parliament’s standing committee.

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The purpose of this exercise is to present to the government a well thought out and widely discussed set of measures that could be simultaneously and collectively adopted to prevent corruption at all levels, especially in high places, arunx to effectively redress grievances.

Such measures could include the enactment of one or more laws in order to create the required institutions and authorities, the amendment of existing laws and practices, and the strengthening of existing institutions.

The concerns and issues that need to be kept darft mind while formulating the anti-corruption and grievance redress measures include:.

Bill not understood by most: Aruna Roy – India News

Anti-corruption institutions must be financially, administratively and legally independent of those whom they are called upon to investigate and prosecute. It is essential to have a multiplicity of decentralized institutions, geographically and across levels, with appropriate accountability mechanisms, to avoid the concentration of too much power, especially unaccountable power, in any one institution or authority. Irrational constraints, like the need to obtain prior sanction, to investigate or prosecute should not be allowed.

However, institutions and processes must be fair and impartial to both the complainant and the accused, and ensure that honest persons are not harassed in the process of investigation and prosecution.

Jan Lokpal Bill not understood by most people: Aruna Roy

Each anti-corruption institution must itself be accountable in the same manner that it seeks to make other institutions accountable. Appointments to these institutions must bilo done transparently and in a participatory manner, so as to minimize the chances of the wrong sorts of people getting in.

The functioning of each of these institutions and authorities must also be transparent, while protecting whistle blowers and respecting legitimate privacy and other concerns, as laid out in the RTI Act.


Efforts must be made to proactively disclose as much information as possible, complying with and moving beyond section 4 of the RTI Act.

Institutions must each be of a manageable size, with no one institution becoming so large that its effective management and control becomes a problem. Similarly, institutions and authorities should not be allowed to be overwhelmed but should be so designed that they can deliver results within a reasonable time frame. If democratic institutions falter or weaken, there is no alternative to repairing and strengthening them.

Setting up a parallel regulatory or decision making process is unlikely to help and such a parallel system is likely to itself get corrupted.

Consequently, at the very least, initial complaints must lie with each public authority, and they must be given an opportunity of setting their own house in order. Only appeals against what are seen as unsatisfactory responses should come to the proposed independent bodies.

Framing an Alternative Approach to the Jan Lokpal

The basic framework of the Constitution need not be challenged and solutions llkpal be found that are within the framework of the Constitution.

In order to ensure that the proposed institutions lokpl authorities are themselves credible and not prone to mutual back-scratching, circular powers of oversight must be avoided where institutions and authorities oversee each other’s functioning and integrity.

In order to ensure efficacy and independence of an institution, it must be given adequate powers and resources to both investigate complaints and to ensure the effective prosecution of cases.

The development, in a bottom up manner, of appropriate citizen’s charters, as also the codification of a comprehensive set of entitlements for citizens, both in service delivery as well as for democratic rights, should aduna a pre-requisite to the setting up of a grievance redress mechanism. These lessons should influence the design and practice of social audits for large government atuna and contracts. Drat audits should also be conducted for assessing policies and their impacts.

The window of opportunity currently available, because of the widespread public sentiment against corruption, must be respected and fully utilized to bring in these measures as soon as possible. Following from these principles, some of the measures that need to be concurrently and collectively implemented include:. They would also have the power to investigate and prosecute any other person who is a co-accused in any of the cases being investigated or prosecuted by the Lokpal.


Amending the Judicial Accountability and Standards Bill, that is currently before the Parliament, to ensure that the judiciary is also made effectively and appropriately accountable, without compromising its independence from likpal executive or the integrity of its functions. Drafting an act that provides for the setting up and functioning of Public Grievances Lokpal Shikayat Nivaran Lokpal at the centre and in each of the states. These commissions would have powers to ensure that detailed citizen’s charters and norms of functioning are prepared for each public authority.

They would also ensure that other entitlements and rights are codified, and lkpal the obligations of each public authority are fulfilled. The functioning of the grievance redress processes could be linked to the RTI Act and also to recent, time-bound, service draff laws providing for the imposition of penalty on officials who do not meet the prescribed time frames for providing services to the public.

The experience of the Delhi Grievance Redress Commission could also be instructive.

Jan Lokpal Bill – Wikipedia

Strengthening the institution of the CVC and bringing in under its purview all officers not covered under the Lokpal bill. Towards that end, providing the bull of the CVC with adequate investigative and prosecution powers and resources. Creating similar, independent, State Vigilance Commissions for each of the states, and also strengthening departmental enquiry procedures.

An effective legislation to protect whistleblowers will be enacted. In addition, each of these institutions would also have provisions for protecting whistleblowers and their identity. Each of these institutions and authorities ro function transparently and will have to be accountable to the public for their actions and inactions through strong and effective accountability measures.

An option that can be considered is that only one law be enacted bilk would contain all these proposed institutions and measures. However, the institutions must be separate and independent of each other.

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