The first thing that comes to our mind when I say
“Lok-Pal Bill” has got to be Anna Hazare, the Gandhian Activist who went onto
proclaim to fast until death to support and encourage the passing of the “Jan
Lok Pal Bill” or the Anti-Corruption Bill in the parliament.
Hazare broke his 98 hours hunger strike on 9th
April, 2011.
To understand why the passing of the Lok Pal was so
important for Hazare, we need to understand the key points of the bill, which
would help us gauge the sense behind his actions.
Some of the key features of the Lok Pal Bill Are:
Structure of the Lok Pal
Also known as the Anti-corruption institutions, they will
function at the central level to register any complaints against any governing
bodies be it at the state level or the central level.
Administratively, these bodies are similar to the Supreme
Court of India and The Election Commission of India, which renders them free
from interference by any third party wanting to disrupt the proceedings or come
in the way of deliverance of justice.
Financially, all the expenses are charged to the
Consolidated Fund of India, the same fund which caters to all financial needs
of the central government.
The Lok Pal is also free to hire and recruit all kind of
manpower that may be required for its functioning. The have been granted the
freedom to hire from the existing government employees or resort to external
hiring as well.
All other existing corruption bodies, like the State
Vigilance Department, would be merged into these newly established Lokayukta
or Lok-Pal’s, as they are popularly known.
How are the members of the Lok Pal selected?
The process is made as transparent and participatory as
possible, with public access to the meetings of these bodies.
10 members and a chairperson are selected by a selection
committee, which comprises of the following prominent members:
1. The Prime Minister of India
2. Leader of the Opposition Party in Lok Sabha
3. 2 youngest judges of Supreme Court
4. 2 youngest Chief Justices of India
5. Comptroller and Auditor General of India
6. Chief Election Commissioner of India
This selection committee is entrusted with the final
selection of candidates from the pool of shortlisted candidates.
The shortlisted candidates are usually renowned
individuals in the field of social work, journalism, activists, etc and are
shortlisted by a search committee comprising of 5 civil servants and 5 other
renowned members from the fields of science, arts, journalism, commerce,
finance, etc.
The search committee prepares a list of three times the
candidates required to fill the seats and submits it to the selection committee
for the final selection to the Lok Pal.
Jurisdiction of the Jan Lok Pal
In a traditional scenario, the removal of a judge of any
court in the country, is a power only vested with the Chief Justice of India.
Only after receiving a clean chit from him/her, can the FIR against the judge be
filed.
The Lok Pal aims at diverting this under their
jurisdiction, by investigating the cause themselves by appointing a 7-member
bench from amongst the members.
In the case of removal of elected politicians, the Lok
Pal plays a crucial role in starting the investigation of the cause before
referring the removal to the governor or the President of India.
In case of a complaint made against a corrupt bureaucrat,
the Lok Pal may investigate the case for a period of maximum 1 year. If the
case is strongly backed by evidence, they may place a ban on the transfer of
assets of the accused, so as to prevent any evasion or lapse in procedure. The
final punishment or a penalty is under the jurisdiction of a court, that has
been entrusted with the deliverance of justice.
Actions of the Lok Pal
The Lok Pal holds and shares information about all assets
belonging to Politicians, Judges and Bureaucrats, on a public website.
Any asset which hasn’t be disclosed by the beneficiaries
is deemed to have been obtained by corrupt means.
The previous anti-corruption bill sentenced the accused
to a 7-year imprisonment but the Lok Pal Bill of 2011 aims at ensuring a
life-imprisonment sentence.
The bill also includes a punishment for all those
engaging in bribing the bureaucrats or government officials, and are also
deemed as corrupt.
Role of Anna Hazare
Anna Hazare, the Gandhian Activist, seems to be in favor
of the Jan Lok Pal Bill and for all the right reasons.
His 98-hour long hunger strike was seen as the driving
force that helped speed up the passing of the bill.
The race for ending corruption starts with the passing of the Lok Pal Bill, and with all its key features like protection of the whistler blowers, providing relief from corruption, holding the bribers equally responsible and ensuring the righteousness of the members and staff of the Lok Pal or Lokayukta by employing the appropriate course of action.
Written By - Tushna Choksey
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