Lok Pal Bill - Difference of Existing System & System proposed by Civil Society

How Lokpal Bill can curb the politicians,

Existing System
1.No politician or senior officer ever goes to jail despite huge evidence because Anti Corruption Branch (ACB) and CBI directly come under the government. Before starting investigation or prosecution in any case, they have to take permission from the same bosses, against whom the case has to be investigated.

System Proposed by civil society

Lokpal at centre and Lokayukta at state level will be independent bodies. ACB and CBI will be merged into these bodies. They will have power to initiate investigations and prosecution against any officer or politician without needing anyone’s permission. Investigation should be completed within 1 year and trial to get over in next 1 year. Within two years, the corrupt should go to jail.

Existing System:
No corrupt officer is dismissed from the job because Central Vigilance Commission, which is supposed to dismiss corrupt officers, is only an advisory body. Whenever it advises government to dismiss any senior corrupt officer, its advice is never implemented.

System Proposed by civil society
Lokpal and Lokayukta will have complete powers to order dismissal of a corrupt officer. CVC and all departmental vigilance will be merged into Lokpal and state vigilance will be merged into Lokayukta.

Existing System
No action is taken against corrupt judges because permission is required from the Chief Justice of India to even register an FIR against corrupt judges.
Reference:: Sikh Philosophy Network http://www.sikhphilosophy.net/legal-and-advisory/36696-lok-pal-bill-difference-existing-system.html



System Proposed by civil society
Lokpal & Lokayukta shall have powers to investigate and prosecute any judge without needing anyone’s permission.

Existing System
Nowhere to go - People expose corruption but no action is taken on their complaints.

Lokpal & Lokayukta will have to enquire into and hear every complaint.

Existing System
There is so much corruption within CBI and vigilance departments. Their functioning is so secret that it encourages corruption within these agencies.

System Proposed by civil society
All investigations in Lokpal & Lokayukta shall be transparent. After completion of investigation, all case records shall be open to public. Complaint against any staff of Lokpal & Lokayukta shall be enquired and punishment announced within two months.

Existing System
Weak and corrupt people are appointed as heads of anti-corruption agencies.

System Proposed by civil society
Politicians will have absolutely no say in selections of Chairperson and members of Lokpal & Lokayukta. Selections will take place through a transparent and public participatory process.

Existing System
Citizens face harassment in government offices. Sometimes they are forced to pay bribes. One can only complaint to senior officers. No action is taken on complaints because senior officers also get their cut.

System Proposed by civil society
Lokpal & Lokayukta will get public grievances resolved in time bound manner, impose a penalty of Rs 250 per day of delay to be deducted from the salary of guilty officer and award that amount as compensation to the aggrieved citizen.

Existing System
Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.

System Proposed by civil society
Loss caused to the government due to corruption will be recovered from all accused.

Existing System
Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.

System Proposed by civil society
Reference:: Sikh Philosophy Network http://www.sikhphilosophy.net/showthread.php?t=36696
Enhanced punishment - The punishment would be minimum 5 years and maximum of life imprisonment.

Rajneesh Madhok

 
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