India has been rocked by various scams and scandals like the Adarsh Housing Scam, Commonwealth Games Scam, 2G Scam etc. The corruption list goes on and on. Despite all these bigger and serious scams, the Government does not want a stringent anti-corruption bill to be passed.

Here is a little history to the Lokpal Bill

The first mention of an anti-corruption ombudsman (Lokpal) was made in the early 1960s. It was in 1966 that a Lokpal was proposed at the Centre and Lokayuktas in states. In 1968, a Lokpal Bill was presented for the first time in the fourth Lok Sabha. The House passed it in 1969. But while it was pending, Lok Sabha was dissolved. The Bill was revived in 1971, 1977, 1985, 1989, 1996, 1998 and 2001. But each time, it was referred to some committee of Parliament. The Government has now prepared a rough draft of the Bill.

Lokpal Bill is a measure to conduct an investigation regarding involvements of people with high profiles (Prime Ministers, Chief Justice of India and so on). The Bill will provide speedy, cheaper form of justice to people. The Lokpal Bill will not wait for any permission from the Government to begin an inquiry against irregularities and corruption charges against political leaders, judge's or even the CJI.

Lokpal Bill 2010

A fresh movement for an effective Lokpal began in 2010, after a series of scams. This week the Lokpal Bill has generated widespread interest with Anna Hazare (pictured left), a social activist going on a fast to highlight the Government’s reluctance against passing the Lokpal Bill.

The Bill is an attempt by the Government to gain some of its lost ground. However, the Bill has several loop holes. Under the present Bill, the Lokpal is a three member body consisting of a Chairperson who is a former Chief Justice or judge of the Supreme Court and two members who are/ have been judges of Supreme Court or Chief Justices of High Courts. But restricting it to judges is too narrow, and outstanding social scientists or academicians should also be eligible, and it should be a five member body. 

Under the Lokpal Bill in its current form, the Lokpal cannot investigate the Prime Minister on issues of defence and external affairs, nor does it have any jurisdiction over Parliamentarians. The Lokpal will not have powers to enquire into matters suo moto and would need the recommendation of the Speaker. It will not be able to act against Members of Parliament it finds guilty of corruption, in fact, its findings can also be rejected.

Jan Lokpal Bill

The civil rights activists, including Anna Hazare, Swami Agnivesh, Kiran Bedi and Arvind Kejriwal, have termed the draft Lokpal bill as weak and have demanded that fifty per cent of the members in the committee drafting the Bill should be from the public. Lokpal Bill in its current draft has lot of loopholes and does not serve the purpose.

As a part of this movement, N. Santosh Hegde, a former Justice of the Supreme Court of India and Lokayukta of Karnataka and Senior Advocate Prashant Bhushan (pictured right) have drafted an alternate bill called the Jan Lokpal Bill. Some of the main features of Jan Lokpal Bill are:

• The Lokpal will have jurisdiction over politicians, bureaucrats and judges. The CVC and the entire vigilance machinery of the Centre will be merged into the Lokpal
• The Lokpal can not only initiate action on its own, but it can also entertain complaints directly from the public. It will not need reference or permission from any authority
• After completing its investigation against public servants, the Lokpal can initiate prosecution, order disciplinary proceedings or both
• With the corruption branch of the CBI merged into it, the Lokpal will be able to register FIRs, conduct investigations under the Criminal Procedure Code and launch prosecution
• The Lokpal will consist of ten members and one chairperson, out of which only four are required to have legal background without necessarily having any judicial experience
• The selection committee will be broad-based as it includes members from judicial background, Chief Election Commissioner , Comptroller and Auditor General, retired Army Generals and outgoing members of the Lokpal
• There is no such bar on the Lokpal's powers
• The Lokpal will have to complete its investigation within one year and the subsequent trial has to be over in another year
• Loss caused to Government due to corruption will be recovered from all those proven guilty

The Prime Minister formed a sub-committee of the Group of Ministers to discuss the issue with these activists. However, these two groups were unable to reach an agreement on the provisions of the Lokpal Bill. 

Present Scenario

Anna has criticized the Bill and told the Media that the intention behind the draft Bill made by the Government was to protect the corrupt politicians and bureaucrats, rather than prosecute them. He said that the Jan Lokpal Bill would instead give wider powers to the Lokpal to initiate action and prosecute corrupt public servants. He further alleged that the nine members of the Group of Ministers appointed for drafting the anti-corruption Bill are some of the most corrupt Ministers.

Hazare's decision for holding the indefinite fast came over his demand to introduce a new Lokpal Bill in the Parliament. Hazare's protest has led to the resignation of Agriculture Minister, Sharad Pawar from the Group of Ministers on corruption.

Anna Hazare is the same person who was behind the Right to Information Act (RTI Act). He had gone on hunger strike in the year 2003 to get the RTI Bill passed and more than getting the Bill passed, he travelled about 12,000 km to create awareness about the RTI Act.

Conversation with Prashant Bhushan 

Bar & Bench: What are the 2 to 3 important changes you’d like to see in the Government’s Lokpal Bill?

Prashant Bhushan: There are many changes and the Governments Bill is a totally useless Bill. The whole method of selection of Lokpal, is controlled by the Government and should be by a broad-based committee and there should be great degree of transparency in the whole selection process. Secondly, the Lokpal should have the power to investigate any case on their own or at the behest of any citizen and not merely on the reference made to them by the Speaker of the Vice President. Thirdly, they must have the power of prosecution and proceedings and stopping corrupt contracts (These are the three critical things, but there are many others mentioned in yesterday’s Times of India).

Bar & Bench: In what manner can we involve civic societies or the public in the law making process of these Bill’s?

Prashant Bhushan: The whole method of drafting Bills by the Government should be in a transparent and broad-based manner. It cannot be done entirely by just officials and they must involve all the stake holders in the process of drafting these Bills.

Bar & Bench: How long did it take you to draft the Jan Lokpal Bill?

Prashant Bhushan: The drafting began six months back.