Concerns with Jan Lokpal Bill

Content based on Jan Lokpal draft ver 2.3 on IAC site . In italics content taken verbatim from the draft and below it are my interpretations and brief analysis of the concerning clauses.

http://www.indiaagainstcorruption.org/downloads.html Lokpal Bill (IAC Draft ) Pdf

1. Chapter III - 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 Chapter III - 6 - c After completion of investigation in any case involving an allegation of an act of corruption, to impose punishment of dismissal, removal or reduction in rank against government servants

Sou moto powers to register complaint, investigate, prosecute, judge and punish under the samebody appears to be too much concentration of power. There is a reason our founding fathers kept executive, judiciary and legistlature separate

2 . Chapter III - 6 -a to exercise superintendence over the investigation of offences involving any act of corruption

Now the scope of investigation extends to any public figure in India ( apart from the President ) including PM, Chief Justice, Election Commissioner, Speakers, MPs, MLAs, Chief Ministers, Public Sector Heads, Police, clerks and peons. The scope is just too wide. It was not clear if private sector and NGOs are included in the term 'any act of corruption'

3. Page 5 - The accountability of the Lokpal itself would be to the Supreme Court, which would have the authority to enquire into and order the removal of members of the Lokpal.

Even if all the 750 odd members of parliament decided to remove a Lokpal member it is not possible. Only supreme court can do it after a lengthy process. And supreme court judges comes under Lokpal. So there is a conflict of interest and total lack of accountability to any elected body.

4 . Chapter III 7 -2 -a summoning and enforcing the attendance of any person from any part of India and examining him on oath;

A 7 member bench ( so that would mean a majority verdict would be 4 ) can decide to investigate, prosecute,judge and penalize anybody from PM downwards. In current laws, even for a high court judge to be removed it requires the approval of both houses of parliament.

5. Chapter I -e-1 Act of corruption which would also include any offence committed by an elected member of a house of legislature even in respect of his speech or vote inside the house.

An MP can be prosecuted even for a speech he makes inside the parliament. Or even for his vote. It will not just be the speakers prerogative any more.

6. Chapter 1 -3 Notwithstanding anything in any other Act or Law the provisions of this Act shall prevail and to the extent that the provisions of this Act are repugnant to any other provision in any other Act or law, the provisions in other Acts or laws shall stand amended to the extent of such repugnancy.

Any other law enacted in past 61 years is going to be nullified if there is conflict with Lokpal act

7. Chapter iii -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.

If 2G loot is recovered, the journalist who uncovered will get Rs. 17600 crore as reward. A % percentage of loot as reward just dont make sense.

8. Chapter iii -7-2 Any officer under the Lokpal while exercising any powers under the Act shall have the powers of a civil court trying a suit under the Code of Civil Procedure

Is it not too much getting concentrated on an individual

9. Chapter V-12 Any orders passed by any bench of the Lokpal or any officer of the Lokpal shall be subject to the writ jurisdiction of the High Court under Article 226 of the Constitution of India. Ordinarily, High Courts shall not stay the order. However, if it does, it will have to decide the case within two months, else the stay would be deemed to have been vacated after two months and no further stay in that case could be granted.

2 months ! In practice it would mean orders of Lokpal will never be questioned.

10. Chapter XII - 24 Wherever Lokpal directs imposition of financial penalty on any officer under this Act to be deducted from his salary, it shall be the duty of the Drawing and Disbursing Officer of that Department to implement such order, failing which the said Drawing and Disbursing Officer shall make himself liable for similar penalty

Deduct from salary disbursement officer !!

11. Chapter XIII -9 The Lokpal after hearing the Grievance Redressal Officer would impose suitable penalty not exceeding Rs. 500/- for each day’s delay but not exceeding Rs. 50,000/- to be recovered from the salaries of the Grievance Redressal Officer

Jan lokpal proposes grievance redressal officer for all public institutions for hearing complaints. if they delay judgement above happens. Who would willingly become such officers.

12. Chapter XIV - 3 Lokpal shall not need any administrative or financial sanction from any government agency to incur expenditure.

No budgetary allocation required . Lokpal can decide and spent as much as they want and govt has to pay without asking questions.

13. Chapter XVIII - 31- 1 No government official shall be eligible to take up jobs, assignments, consultancies, etc. with any person, company, or organisation that he had dealt with in his official capacity.

Arent we wasting good talent here. This clause if enacted would most certainly mean all govt servants once they retire will need to sit at home.