Jan Lokpal Bill
Encyclopedia
The Jan Lokpal Bill, also referred to as the citizens' ombudsman bill, is a proposed independent anti-corruption law in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

. Anti-corruption social activists proposed it as a more effective improvement to the original Lokpal bill, which is currently being proposed by the Government of India
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...

.

The Jan Lokpal Bill aims to effectively deter corruption, redress grievances of citizens, and protect whistle-blowers. If made into law, the bill would create an independent ombudsman
Ombudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...

 body called the Lokpal (Sanskrit
Sanskrit
Sanskrit , is a historical Indo-Aryan language and the primary liturgical language of Hinduism, Jainism and Buddhism.Buddhism: besides Pali, see Buddhist Hybrid Sanskrit Today, it is listed as one of the 22 scheduled languages of India and is an official language of the state of Uttarakhand...

: protector of the people). It would be empowered to register and investigate complaints of corruption against politicians and bureaucrats without prior government approval.

In April 2011, civil activist Anna Hazare
Anna Hazare
Kisan Baburao Hazare , popularly known as Anna Hazare is an Indian social activist and a prominent leader in the 2011 Indian anti-corruption movement, using nonviolent methods following the teachings of Mahatma Gandhi...

  started a Satyagraha
Satyagraha
Satyagraha , loosely translated as "insistence on truth satya agraha soul force" or "truth force" is a particular philosophy and practice within the broader overall category generally known as nonviolent resistance or civil resistance. The term "satyagraha" was conceived and developed by Mahatma...

 movement by commencing an indefinite fast in New Delhi to demand the passing of the bill. The movement attracted attention in the media, and hundreds of thousands of supporters, in part due to the organizational skills of Arvind Kejriwal
Arvind Kejriwal
Arvind Kumar Kejriwal is an Indian social activist fighting for greater transparency in Government. He was awarded Ramon Magsaysay Award for Emergent Leadership in 2006, for activating India's Right to Information movement at grassroots and social activities to empower the poorest citizens to...

. Following Hazare's four day hunger strike, Indian Prime Minister Manmohan Singh
Manmohan Singh
Manmohan Singh is the 13th and current Prime Minister of India. He is the only Prime Minister since Jawaharlal Nehru to return to power after completing a full five-year term. A Sikh, he is the first non-Hindu to occupy the office. Singh is also the 7th Prime Minister belonging to the Indian...

 stated that the bill would be re-introduced in the 2011 monsoon session of the Parliament. Accordingly, a committee of five Cabinet Ministers and five social activists attempted to draft a compromise bill merging the two versions but failed. The Indian government went on to propose its own version in the parliament, which the activists rejected on the grounds of not being sufficiently effective, and called it a "toothless bill".

Background

The word Lokpal was coined in 1963 by L.M.Singhvi, a Member of Parliament during a debate in Parliament
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...

 about grievance redressal mechanisms. His son Dr. Abhishek Singhvi is now the head of the Parliamentary Standing Committee
Standing Committee
In the United States Congress, standing committees are permanent legislative panels established by the United States House of Representatives and United States Senate rules. . Because they have legislative jurisdiction, standing committees consider bills and issues and recommend measures for...

 reviewing the bill. The prefix Jan (translation: citizens) was added to signify the fact that these improvements include input provided by "ordinary citizens" through an activist-driven, non-governmental public consultation.

The Lokpal bill was first introduced by Shanti Bhushan
Shanti Bhushan
Shanti Bhushan in Allahabad, United Provinces is a former Law Minister of India at Ministry of Law and Justice in the Morarji Desai Ministry and also a senior advocate...

 in 1968 and passed the 4th Lok Sabha
Lok Sabha
The Lok Sabha or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India...

 in 1969. But before it could be passed by Rajya Sabha
Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...

, Lok Sabha
Lok Sabha
The Lok Sabha or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India...

 was dissolved and the bill lapsed. The Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, but none of them passed. The bill was inspired by the Hong Kong Independent Commission Against Corruption
Independent Commission Against Corruption (Hong Kong)
The Independent Commission Against Corruption of Hong Kong was established by Governor Murray MacLehose on 15 February 1974, when Hong Kong was under British rule. Its main aim was to clean up endemic corruption in the many departments of the Hong Kong Government through law enforcement,...

 (ICAC).

Key features of proposed bill

Some important features of the proposed bill are:
  1. To establish a central government anti-corruption institution called Lokpal, supported by Lokayukta
    LokAyukta
    The Lokayukta is an anti-corruption ombudsman organization in the Indian states.The Administrative Reforms Commission headed by Morarji Desai submitted a special interim report on "Problems of Redressal of Citizen's Grievances' in 1966...

    at the state level.
  2. As in the case of the Supreme Court
    Supreme court
    A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...

     and Cabinet Secretariat
    Cabinet Secretariat
    The Cabinet Secretariat is responsible for the administration of the Government of India. It functions from the Secretariat Building, New Delhi, where most of Cabinet of India sits...

    , the Lokpal will be supervised by the Cabinet Secretary and the Election Commission . As a result , it will be completely independent of the government and free from ministerial influence in its investigations.
  3. Members will be appointed by judges, Indian Administrative Service
    Indian Administrative Service
    The Indian Administrative Service is the administrative civil service of the Government of India. It is one of the three All India Services....

     officers with a clean record, private citizens and constitutional authorities through a transparent and participator process.
  4. A selection committee will invite short-listed candidates for interviews, videorecordings of which will thereafter be made public.
  5. Every month on its website, the Lokayukta will publish a list of cases dealt with , brief details of each, their outcome and any action taken or proposed. It will also publish lists of all cases received by the Lokayukta during the previous month, cases dealt with and those which are pending.
  6. Investigations of each case must be completed in one year. Any resulting trials should be concluded in the following year, giving a total maximum process time of two years.
  7. Losses to the government by a corrupt individual will be recovered at the time of conviction.
  8. Government officework required by a citizen that is not completed within a prescribed time period will result in Lokpal imposing financial penalties on those responsible, which will then be given as compensation to the complainant.
  9. Complaints against any officer of Lokpal will be investigated and completed within month and, if found to be substantive, will result in the officer being dismissed within two months.
  10. The existing anti-corruption agencies [CVC], departmental vigilance and the anti-corruption branch of the [CBI] will be merged into Lokpal which will have complete power authority to independently investigate and prosecute any officer, judge or politician.
  11. Whistleblower
    Whistleblower
    A whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...

    s who alert the agency to potential corruption cases will also be provided with protection by it.

Highlights

Difference between Jan Lokpal Bill and Draft Bill 2010
Jan Lokpal Bill (Citizen's Ombudsman Bill) Draft Lokpal Bill (2010)
Lokpal will have powers to initiate suo motu action or receive complaints of corruption from the general public. Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
Lokpal will have the power to initiate prosecution of anyone found guilty. Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".
Lokpal will have police powers as well as the ability to register FIRs. Lokpal will have no police powers and no ability to register an FIR
First Information Report
A First Information Report or FIR is a written document prepared by the police in India, Pakistan and Japan when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First...

 or proceed with criminal investigations.
Lokpal and the anti corruption wing of the CBI will be one independent body. The CBI and Lokpal will be unconnected.
Punishments will be a minimum of 10 years and a maximum of up to life imprisonment. Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.

Details

The following table details differences between the Government and activist backed versions.

Comparison SlideShow uploaded by India Against Corruption.
Issue The Jan Lokpal Bill Government's Lokpal Bill
Prime Minister
Prime Minister of India
The Prime Minister of India , as addressed to in the Constitution of India — Prime Minister for the Union, is the chief of government, head of the Council of Ministers and the leader of the majority party in parliament...

PM can be investigated with permission of seven member Lokpal bench. PM can be investigated by Lokpal after she/he vacates office.
Judiciary
Judiciary of India
The Indian Judiciary is partly a continuation of the British legal system established by the English in the mid-19th century based on a typical hybrid legal system in which customs, precedents and legislative law have validity of law. The Constitution of India is the supreme legal document of the...

Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench. Judiciary is exempt and will be covered by a separate "judicial accountability bill".
Conduct of MPs
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...

Can be investigated with permission of seven member Lokpal bench. Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated.
Lower bureaucracy All public servants would be included. Only senior officers (Group A) will be covered.
Anti-corruption wing of the Central Bureau of Investigation (CBI)
Central Bureau of Investigation
The Central Bureau of Investigation is a government agency of India that serves as a criminal investigation body, national security agency and intelligence agency. It was established on 1 April 1963 and evolved from the Special Police Establishment founded in 1941...

The Anti-corruption wing of the CBI will be merged into the Lokpal. The Anti-corruption wing of the CBI cannot be merged into the Lokpal.
Removal of Lokpal members and Chair Any person can bring a complaint to the Supreme Court, who can then recommend removal of any member to the President. Any "aggrieved party" can raise a complaint to the President, who will refer the matter to the CJI.
Removal of Lokpal staff and officers Complaints against Lokpal staff will be handled by independent boards set-up in each state, composed of retired bureaucrats, judges, and civil society members. Lokpal will conduct inquiries into its own behaviour.
Lokayukta
LokAyukta
The Lokayukta is an anti-corruption ombudsman organization in the Indian states.The Administrative Reforms Commission headed by Morarji Desai submitted a special interim report on "Problems of Redressal of Citizen's Grievances' in 1966...

Lokayukta and other local/state anti-corruption agency would remain in place. All state anti-corruption agencies would be closed and responsibilities taken over by centralised Lokpal.
Whistleblower
Whistleblower
A whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...

 protection
Whistleblowers are protected by Lokpal. No protection granted to whistleblowers by Lokpal Mahima.
Punishment for corruption Lokpal can either directly impose penalties, or refer the matter to the courts. Penalties can include removal from office, imprisonment, and recovery of assets from those who benefited from the corruption. Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current law.
Investigatory powers Lokpal can obtain wiretaps ( to make a connection to a telegraph or telephone wire in order to obtain information secretly), issue rogatory letters, and recruit investigating officers. Cannot issue contempt orders. Lokpal can issue contempt orders, and has the ability to punish those in contempt. No authority to obtain wiretaps, issue rogatory letters, or recruit investigating officers.
False, frivolous and vexatious complaints Lokpal can issue fines for frivolous complaints (including frivolous complaints against Lokpal itself), with a maximum penalty of Rs 100,000. Court system will handle matters of frivolous complaints. Courts can give 2–5 years imprisonment and fines of Rs 25,000 to 200,000.
NGOs NGOs not within the scope due to their role in exposing corruption. NGOs are within the scope and can be investigated.

Timeline of Lokpal and cost

  • 1968 – Rs 3 lakh (300,000)
  • 1971 – Rs 20 lakh (2 million)
  • 1977 – Rs 25 lakh (2.5 million)
  • 1985 – Rs 25 lakh
  • 1989 – Rs 35 lakh (3.5 million) – PM under lokpal
  • 1996 – Rs 1 crore (10 million) – PM under lokpal
  • 2001 – Rs 1.5 crore (15 million) – PM under lokpal
  • 2011 – Rs 1700 crore (17 billion)

Campaign for the Jan Lokpal Bill

The first version of the Lokpal Bill drafted by the Government of India
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...

 in 2010 was considered ineffective by anti-corruption activists from the civil society. These activists, under the banner of India Against Corruption
India Against Corruption
India Against Corruption is a people's movement to demand comprehensive reforms of anti-corruption systems in India. Several eminent citizens have come together to force the Government of India to enact the Jan Lokpal Bill .- Strategy :...

, came together to draft a citizen's version of the Lokpal Bill later called the Jan Lokpal. Public awareness drives and protest marches were carried out to campaign for the bill. However, public support for the Jan Lokpal Bill draft started gathering steam after Anna Hazare
Anna Hazare
Kisan Baburao Hazare , popularly known as Anna Hazare is an Indian social activist and a prominent leader in the 2011 Indian anti-corruption movement, using nonviolent methods following the teachings of Mahatma Gandhi...

, a noted Gandhian announced that he would hold an indefinite fast
Hunger strike
A hunger strike is a method of non-violent resistance or pressure in which participants fast as an act of political protest, or to provoke feelings of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most hunger strikers will take liquids but not...

 from 5 April 2011 for the passing of the Lokpal/Jan Lokpal bill. The government has however accepted it.

To dissuade Hazare from going on an indefinite hunger strike, the Prime Minister's Office directed the ministries of personnel and law to examine how the views of society activists can be included in the Lokpal Bill. On 5 April, the National Advisory Council
National Advisory Council
The National Advisory Council of India is an advisory body set up to monitor the implementation of the UPA government's manifesto, the Common Minimum Programme. It is a brainchild of Congress party president, Sonia Gandhi. It is also informally called as UPA's Planning Commission for social...

 rejected the Lokpal bill drafted by the government. Union Human Resource Development Minister Kapil Sibal
Kapil Sibal
Kapil Sibal is an Indian politician and lawyer. He is currently the Minister of Communications and Information Technology. He also held the two ministries Ministry of Science and Technology and Ministry of Earth Sciences in the First Manmohan Singh Cabinet...

 then met social activists Swami Agnivesh
Swami Agnivesh
Agnivesh is an Indian social worker, self-proclaimed Arya Samaj scholar, and a Hindu social activist. He is best known for his work against bonded labour through the Bonded Labour Liberation Front, which he founded in 1981...

 and Arvind Kejriwal
Arvind Kejriwal
Arvind Kumar Kejriwal is an Indian social activist fighting for greater transparency in Government. He was awarded Ramon Magsaysay Award for Emergent Leadership in 2006, for activating India's Right to Information movement at grassroots and social activities to empower the poorest citizens to...

 on 7 April to find ways to bridge differences over the bill. However, no consensus could be reached on 7 April owing to several differences of opinion between the social activists and the Government.

Fast & Agitation – Phase 1

On 7 April 2011 Anna Hazare
Anna Hazare
Kisan Baburao Hazare , popularly known as Anna Hazare is an Indian social activist and a prominent leader in the 2011 Indian anti-corruption movement, using nonviolent methods following the teachings of Mahatma Gandhi...

 called for a Jail Bharo Andolan (translation: Fill jail movement) from 13 April to protest against Government's rejection of their demands. Anna Hazare also claimed that his group has received six crore (60 million) text messages of support and that he had further backing from a large number of Internet activists. The outpouring of support was largely free of political overtones; political parties were specifically discouraged from participating in the movement. The fast ended on 9 April, after 98 hours, when the Government accepted most demands due to public pressure. Anna Hazare set an 15 August deadline for the passing of the bill in the Parliament
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...

, failing which he would start a hunger strike
Hunger strike
A hunger strike is a method of non-violent resistance or pressure in which participants fast as an act of political protest, or to provoke feelings of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most hunger strikers will take liquids but not...

 from 16 August. The fast also led to the Government of India
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...

 agreeing to setting up a Joint Drafting Committee, which would complete its work by 30 June.

Drafting Committee

The drafting committee was officially formed on 8 April 2011. It consisted of the following ten members, including five from the government and five drawn from the civil society.
Member Qualifications and status
Pranab Mukherjee
Pranab Mukherjee
Pranab Kumar Mukherjee is the current Finance Minister of India and leader of the current Lok Sabha.Mukherjee is a senior member of the Cabinet Committees on Economic Affairs, Infrastructure, Parliamentary Affairs, Political Affairs, Prices, Security, Unique Identification Authority of India,...

Finance Minister
Finance Minister of India
The Minister of Finance, also known as the Finance Minister of India is a cabinet position in the Government of India and heads the Ministry of Finance. He drafts the general budget of the country, and is in charge of the national economy. Currently, Pranab Mukherjee holds the charge of finance...

, Co-Chairman
Shanti Bhushan
Shanti Bhushan
Shanti Bhushan in Allahabad, United Provinces is a former Law Minister of India at Ministry of Law and Justice in the Morarji Desai Ministry and also a senior advocate...

Former Minister of Law and Justice
Minister of Law and Justice (India)
The Minister of Law and Justice is the head of the Ministry of Law and Justice and one of the cabinet ministers of the Government of India....

, Co-Chairman
P. Chidambaram
P. Chidambaram
P. Chidambaram or Chidambaram Palaniappan, sometimes written Palaniappan Chidambaram is an Indian politician with the Indian National Congress and present Union Minister of Home Affairs of the Republic of India. Previously he was the Finance Minister of India from May 2004 to November 2008...

Minister of Home Affairs
Veerappa Moily
Veerappa Moily
Moodbidri Veerappa Moily is the current Minister of Corporate Affairs in the Indian government. Moily was elected as MP of the Chickballapur district by a wide margin in 2009. He currently serves as the All India Congress Committee General Secretary in charge of Andhra Pradesh...

Minister of Corporate Affairs
Ministry of Corporate Affairs (India)
The Ministry of Company Affairs is an Indian government ministry. It is charged with administering the Companies Act 1956 and other acts related to Indian private sector. It is responsible mainly for regulation of Indian enterprises in Industrial and Services sector. The current minister of...

Kapil Sibal
Kapil Sibal
Kapil Sibal is an Indian politician and lawyer. He is currently the Minister of Communications and Information Technology. He also held the two ministries Ministry of Science and Technology and Ministry of Earth Sciences in the First Manmohan Singh Cabinet...

Minister for Communications and Information Technology
Minister of Communications and Information Technology (India)
The Minister of Communications and Information Technology is the head of the Ministry of Communications and Information Technology and one of the cabinet ministers of the Government of India....

Salman Khursid Minister of Law
Ministry of Law and Justice (India)
The Ministry of Law and Justice is a prominent Ministry of Government of India. Under the , the Ministry is vested with the responsibility of administration of legal affairs, justice, and legislative affairs in India....

Anna Hazare
Anna Hazare
Kisan Baburao Hazare , popularly known as Anna Hazare is an Indian social activist and a prominent leader in the 2011 Indian anti-corruption movement, using nonviolent methods following the teachings of Mahatma Gandhi...

Social Activist
Prashant Bhushan
Prashant Bhushan
Prashant Bhushan is an advocate practicing in Delhi and is a social activist. He is the son of lawyer and former Law Minister of India Shanti Bhushan.-Education:...

Lawyer
N. Santosh Hegde Former Lokayukta
LokAyukta
The Lokayukta is an anti-corruption ombudsman organization in the Indian states.The Administrative Reforms Commission headed by Morarji Desai submitted a special interim report on "Problems of Redressal of Citizen's Grievances' in 1966...

 (Karnataka
Karnataka
Karnataka , the land of the Kannadigas, is a state in South West India. It was created on 1 November 1956, with the passing of the States Reorganisation Act and this day is annually celebrated as Karnataka Rajyotsava...

) and Supreme Court Justice
Arvind Kejriwal
Arvind Kejriwal
Arvind Kumar Kejriwal is an Indian social activist fighting for greater transparency in Government. He was awarded Ramon Magsaysay Award for Emergent Leadership in 2006, for activating India's Right to Information movement at grassroots and social activities to empower the poorest citizens to...

RTI Activist.


The Government's handling of the formation of the draft committee, involving the civil society in preparation of the draft Lokpal bill, was criticised by various political parties including BJP, BJD
Biju Janata Dal
The Biju Janata Dal is a state political party of the Indian state of Orissa led by Naveen Patnaik, son of former state chief minister Biju Patnaik. It was founded on 27 December 1997.-History:...

, TDP
Telugu Desam Party
Telugu Desam Party or TDP is a regional political party in India's Andhra Pradesh state. It was founded by former Telugu film star N. T...

, AIADMK, CPI-M, RJD, JD(U) and Samajwadi Party
Samajwadi Party
Samajwadi Party is a political party in India. It is based in the Indian state of Uttar Pradesh. It describes itself as a democratic socialist party...

.

The committee failed to agree on the terms of a compromise bill and the government introduced its own version of the bill in the parliament in August 2011.

Fast & Agitation – Phase 2

However, the Joint Drafting Committee failed to reach a conclusion and the five members of the Government on the panel came up with their own version of the bill, which was considered by Anna and his team as weak and will facilitate the corrupt to go free apart from several other differences. To protest against this, Anna Hazare announced an "Indefinite Fast" (not to be confused with "Fast unto death"). Anna and his team asked for permission from Delhi Police for their fast and agitation at Jantar Mantar or JP Park. Delhi Police gave its permission with certain conditions. These condition were considered by team Anna as restrictive and against the fundamental constitutional rights and they decided to defy the conditions. Delhi Police imposed sec 144 CrPC.

On 16 Aug, Anna Hazare
Anna Hazare
Kisan Baburao Hazare , popularly known as Anna Hazare is an Indian social activist and a prominent leader in the 2011 Indian anti-corruption movement, using nonviolent methods following the teachings of Mahatma Gandhi...

 was taken into preventive custody by Delhi Police. Senior officers of Delhi Police reached Anna Hazare's flat early in the morning and informed him that he could not leave his home. However, Hazare turned down the request following which he was detained.Anna in his recorded address to the nation before his arrest asked his supporters not to stop the agitation and urged the protesters to remain peaceful.Other members of "India Against Corruption
India Against Corruption
India Against Corruption is a people's movement to demand comprehensive reforms of anti-corruption systems in India. Several eminent citizens have come together to force the Government of India to enact the Jan Lokpal Bill .- Strategy :...

", Arvind Kejriwal
Arvind Kejriwal
Arvind Kumar Kejriwal is an Indian social activist fighting for greater transparency in Government. He was awarded Ramon Magsaysay Award for Emergent Leadership in 2006, for activating India's Right to Information movement at grassroots and social activities to empower the poorest citizens to...

, Kiran Bedi
Kiran Bedi
Kiran Bedi is an Indian social activist and a retired Indian Police Service officer. Bedi joined the police service in 1972 and became the first woman officer in the IPS. Bedi held the post of Director General at the Bureau of Police Research and Development before she voluntarily retired from...

, Kumar Vishwas
Kumar Vishwas
Kumar Vishwas is a renowned Hindi Poet and a professor of Hindi Literature from Pilkhuwa, Ghaziabad, Uttar Pradesh.-Early life and education:...

 and Manish Sisodia
Manish Sisodia
Manish Sisodia is an Indian social activist, recognized for being a key member in the 2011 Indian anti-corruption movement and Team Anna. Formerly a news producer at Zee News, Manish is an active RTI activist...

 were also taken into preventive custody. Kiran Bedi described the situation as resembling a kind of Emergency (referring to the Emergency imposed in 1975 by the Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...

 Govt.).

The arrest resulted in huge public outcry and under pressure the government released him in the evening of 16 Aug. However, Anna Hazare refused to come out of Jail, starting his indefinite fast from Jail itself. Manish Sisodia explained his situation as, "Anna said that he left home to go to JP Park to conduct his fast and that is exactly where he would go from here (Tihar Jail
Tihar Jail
Tihar Prisons , also called Tihar Jail and Tihar Ashram , is the largest complex of prisons in South Asia. It is located at Tihar village, approximately 7 km from Chanakya Puri, to the west of New Delhi, India. The surrounding area is called Hari Nagar.The prison is maintained as a...

). He has refused to be released till he is given a written, unconditional permission". Unwilling to use forces owing to the sensitive nature of the case, the jail authorities had no option but to let Anna spend the night inside Tihar. Later on 17 Aug, Delhi Police permitted Anna Hazare and team to use the Ramlila Maidan
Ramlila Maidan
Ramlila Maidan also Ramlila Ground is a playground located in New Delhi, India. It is used for religious festivals, major political rallies and meetings, and entertainment events. It is located near New Delhi Railway Station and Delhi Gate.-History:...

 for the proposed fast and agitation withdrawing most of the contentious provisions they had imposed earlier. The indefinite fast
FAST
-Primary meanings:Fast may refer to:* Fast as in high speed or velocity, may be used with anything that has a speed.* Fasting, abstaining from foodSlang:* Fast, a slang term for someone who is sexually promiscuous-Sports:...

 and agitation began in Ramlila Maidan
Ramlila Maidan
Ramlila Maidan also Ramlila Ground is a playground located in New Delhi, India. It is used for religious festivals, major political rallies and meetings, and entertainment events. It is located near New Delhi Railway Station and Delhi Gate.-History:...

, New Delhi, and went on for around 288 hours ( days from 16-August-2011 to 28-August-2011). Some of the Lokpal drafting committee members became dissatisfied with Hazare's tactics as the hunger strike went on for the 11 th day: Santosh Hegde, a member of Hazare team who headed the Karnataka Lokayukta, strongly criticised Hazare for his insistence of "having his way", concluding “I feel I am not in Team Anna any more by the way things are going. These (telling Parliament what to do) are not democratic things.” Swami Agnivesh, another central figure in the Hazare group also distanced himself.

Notable supporters and opposition

In addition to the activists responsible for creating and organising support for the bill, a wide variety of other notable individuals have also stated that they support this bill. Spiritual leaders Sri Sri Ravi Shankar
Sri Sri Ravi Shankar
Ravi Shankar usually known as Sri Sri Ravi Shankar, born Ravi Shankar Ratnam, born 13 May 1956) is a spiritual leader and founder of the Art of Living Foundation , which aims at relieving individual stress, societal problems and violence. It is an NGO with UNESCO consultative status...

 and Yog Guru Ramdev expressed support. Notable politicians who indicated support for the bill include Ajit Singh
Chaudhary Ajit Singh
Chaudhary Ajit Singh is an Indian politician and a prominent Jat leader from Western Uttar Pradesh. He is the founder and chief of the Rashtriya Lok Dal, a political party recognised in the Indian state of Uttar Pradesh. He was born on 12 February 1939 at village Bhadola in the Meerut District of...

 and Manpreet Singh Badal
Manpreet Singh Badal
Manpreet Singh Badal is the leader of the People's Party of Punjab. He was first elected in 1995 an MLA for the Gidderbaha constitency.-Early life:Manpreet was born in Sri Muktsar Sahib, Punjab on July 26, 1962...

 as well as the principal opposition party, Bharatiya Janta Party. In addition, numerous Bollywood actors, directors, and musicians publicly approved of the bill.

Notable opposition to the activists' version of the Bill was expressed by HRD minister Kapil Sibal
Kapil Sibal
Kapil Sibal is an Indian politician and lawyer. He is currently the Minister of Communications and Information Technology. He also held the two ministries Ministry of Science and Technology and Ministry of Earth Sciences in the First Manmohan Singh Cabinet...

 and other Congress leaders; Chief Minister of West Bengal Mamta Banerjee; Punjab Chief Minister and Akali Dal leader Prakash Singh Badal; Shiv Sena leader Bal Thackeray
Bal Thackeray
Bal Keshav Thackeray , popularly known as Balasaheb Thackeray, is an Indian politician, founder and chief of the Shiv Sena, a right-wing Hindu nationalist, and Marathi ethnocentric party active mainly in the western Indian state of Maharashtra.Born in Pune, Thackeray began his professional career...

, and former Chief Justice of the Supreme Court Jagdish Sharan Verma
Jagdish Sharan Verma
Jagdish Sharan Verma was the Chief Justice of the Supreme Court of India from 25-March-1997 until his retirement on 18-January-1998.He did his early education in Satna, Madhya Pradesh....

. Although BJP showed their support earlier, there were reports that BJP shared Congress's concern "over letting the civil society gain the upper hand over Parliament in lawmaking". The All-India Confederation of SC/ST Organisations, representing the Dalits and backward castes, also expressed opposition to the bill proposed by Anna Hazare as well as to the government's version of the bill. The confederation opposed Hazare's proposed bill saying that it will be above the constitution and that proposers of the bill have support from elements who oppose reservation
Reservation in India
Reservation in India is a form of affirmative action designed to improve the well being of socially backward and underrepresented communities of citizens in India. There are laws in place, wherein a certain percentage of total available slots in Jobs and Education are set aside for people from...

.

Naïve approach

The bill has been criticised as being naïve
Naïve
Naivety , is the state of being naive—having or showing a lack of experience, understanding or sophistication. One who is naive may be called a naif.- Etymology :...

 in its approach to combating corruption. According to Pratap Bhanu Mehta, President of the Center for Policy Research Delhi, the bill "is premised on an institutional imagination that is at best naïve; at worst subversive of representative democracy". The very concept of a Lokpal concept has received criticism from HRD minister Kapil Sibal
Kapil Sibal
Kapil Sibal is an Indian politician and lawyer. He is currently the Minister of Communications and Information Technology. He also held the two ministries Ministry of Science and Technology and Ministry of Earth Sciences in the First Manmohan Singh Cabinet...

 in that it will lack accountability, be oppressive and undemocratic.

Extra-constitutional

The pro-bill activist Arvind Kejriwal
Arvind Kejriwal
Arvind Kumar Kejriwal is an Indian social activist fighting for greater transparency in Government. He was awarded Ramon Magsaysay Award for Emergent Leadership in 2006, for activating India's Right to Information movement at grassroots and social activities to empower the poorest citizens to...

 rejects the claim of Lokpal being extra-constitutional with the explanation that the body will only investigate corruption offences and submit a charge sheet which would then tried and prosecuted through trial courts and higher courts, and that other bodies with equivalent powers in other matters exist. The proposed bill also lists clear provisions for the Supreme Court to abolish the Lokpal.

Despite these clarifications, critics feel that the exact judicial powers of LokPal are rather unclear in comparison with its investigative powers. The bill requires "...members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers". Although some supporters have denied any judicial powers of Lokpal, the government and some critics have recognised Lokpal to have quasi-judicial powers.

The bill also states that "Lokpal shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) shall have the effect subject to the modification that the references therein to the High Court shall be construed as including a reference to the Lokpal." Review of proceedings and decisions by Lokpal is prevented in the bill by the statement "...no proceedings or decision of the Lokpal shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary Civil Jurisdiction.". As a result, how the trials will be conducted is unclear in the bill, although the bill outlines requiring judges for special courts, presumably to conduct trial that should be completed within one year. The critics hence express concern that, without judicial review, Lokpal could potentially become an extra-constitutional body with investigative and judicial powers whose decisions cannot be reviewed in regular courts.

Scope

The matter of whether the Indian Prime Minister and higher judiciary should or should not be prosecutable by the Lokpal remains as one of the major issues of dispute. Anna's own nominee for co-chairing the joint panel Justice Verma, the former Chief Justice of the Supreme Court, has expressed his constitutional objections for including the Prime Minister and higher judiciary under Lokpal. According to him, "this would foul with the basic structure of the constitution".

Criticism from Aruna Roy, Arundhati Roy and NCPRI

Magsaysay Award winner Aruna Roy
Aruna Roy
Aruna Roy is an Indian political and social activist who founded and heads the Mazdoor Kisan Shakti Sangathana . She is best known as a prominent leader of the Right to Information movement, which led to the enactment of the Right to Information Act in 2005...

 who has said "Vesting jurisdiction over the length and breadth of the government machinery in one institution will concentrate too much power in the institution, while the volume of work will make it difficult to carry out its tasks". She and her colleagues at the National Campaign for People's Right to Information (NCPRI) have proposed an alternative mechanism consisting of five institutions. Noted author and social activist Arundhati Roy
Arundhati Roy
Arundhati Roy is an Indian novelist. She won the Booker Prize in 1997 for her novel, The God of Small Things, and has also written two screenplays and several collections of essays...

 was highly critical of Lokpal, stating "you could say that the Maoists and the Jan Lokpal Bill have one thing in common – they both seek the overthrow of the Indian State", and "While his means may be Gandhian, Anna Hazare's demands are certainly not. Contrary to Gandhiji's ideas about the decentralisation of power, the Jan Lokpal Bill is a draconian, anti-corruption law, in which a panel of carefully chosen people will administer a giant bureaucracy,.."

Surveys

India Against Corruption
India Against Corruption
India Against Corruption is a people's movement to demand comprehensive reforms of anti-corruption systems in India. Several eminent citizens have come together to force the Government of India to enact the Jan Lokpal Bill .- Strategy :...

 conducted a survey on the draft Lokpal Bill presented by the Indian Government in parliament. It showed that 85% of the particpiants were opposed to the government's bill. The team especially cited the results from the Chandni Chowk
Chandni Chowk
Chandni Chowk , originally meaning moonlit square or market, is one of the oldest and busiest markets in Old Delhi, now in central north Delhi, India...

 constituency, the constituency of Telecom Minister Kapil Sibal
Kapil Sibal
Kapil Sibal is an Indian politician and lawyer. He is currently the Minister of Communications and Information Technology. He also held the two ministries Ministry of Science and Technology and Ministry of Earth Sciences in the First Manmohan Singh Cabinet...

, who is a vehement voice for the government's version of the bill.

According to a nationwide survey conducted by CNN-IBN & CNBC-TV18 and published in early August, only a shade over a third of respondents have heard of Lokpal. 34% of all respondents said they have heard of the ombudsman and only 24% knew what it actually means.

Prashant Bhushan
Prashant Bhushan
Prashant Bhushan is an advocate practicing in Delhi and is a social activist. He is the son of lawyer and former Law Minister of India Shanti Bhushan.-Education:...

, one of Anna Hazare's associates and a drafter of the Jan Lokpal Bill, has demanded a nation-wide referendum on the Jan Lokpal Bill to gauge the mood of the nation.

Legislator support

Post the massive support to Anna Hazare's movement, several of the MPs across party lines have come out in support to the Jan Lokpal Bill. Most notable names are Congress MPs from Maharashtra Priya Dutt
Priya Dutt
Priya Dutt Roncon is an Indian politician. She was first time elected to the 14th Lok Sabha from Mumbai North West constituency in Maharashtra on 22 November 2005, representing the Indian National Congress party...

 and Datta Meghe
Datta Meghe
Datta Raghobaji Meghe is an Indian politician and a leader of the Indian National Congress party. He was elected to 15th Lok Sabh from Wardha constituency in Maharashtra state...

. Datta Meghe also demanded that his party spokesperson Manish Tiwari should apologise to Anna Hazare for his uncharitable comments.

This support started coming as over 150 MPs and Ministers from different states were forced to remain confined to their houses as Anna supporters protested outside their houses. Protests were also seen outside the residence of Sheila Dixit CM of Delhi, Kapil Sibal
Kapil Sibal
Kapil Sibal is an Indian politician and lawyer. He is currently the Minister of Communications and Information Technology. He also held the two ministries Ministry of Science and Technology and Ministry of Earth Sciences in the First Manmohan Singh Cabinet...

, Pranab Mukherjee
Pranab Mukherjee
Pranab Kumar Mukherjee is the current Finance Minister of India and leader of the current Lok Sabha.Mukherjee is a senior member of the Cabinet Committees on Economic Affairs, Infrastructure, Parliamentary Affairs, Political Affairs, Prices, Security, Unique Identification Authority of India,...

 amongst others.

BJP MP Varun Gandhi is introducing Jan Lokpal Bill as a private member's bill in the parliament.

Social media

As per the reports, Anna Hazare's fast was successful in mobilising the support of thousands in the virtual world of social media. On Independence Day, Anna had over 500,000 mentions through status updates and comments across top social networking sites, including Facebook and Twitter in the country. Two days later, the number had shot up to 9 million.On YouTube, over 40,000 people watched the video shot by Kiran Bedi inside Tihar Jail in which Anna has addressed his supporters. Facebook has 542 fan pages by Anna's name.

Online surveys

  • According to the survey conducted by STAR News
    STAR News
    STAR News is the Hindi language news channel of STAR TV based in Mumbai. The channel is a co-production of STAR Group and ABP Pvt. Ltd...

     and Nielsen
    Nielsen
    Nielsen , is a Danish patronymic surname, literally meaning son of Niels, Niels being the Danish version of the Greek male given name Νικόλαος, Nikolaos . It is the second most common surname in Denmark, shared by about 5% of the population. It is also used in Norway, although the form Nelsen and...

    , 87% of the 8900 respondents of the survey supported the Jan Lokpal Bill. The survey – conducted in 28 cities across the country, including all four metros – mainly deals with three important points: public’s knowledge about the Lokpal Bill; awareness about Anna’s campaign; and the perceived problems with the Jan Lokpal Bill.
  • Over a million people joined the Times of India online anti-graft campaign, in one of the biggest ever voting exercises in the virtual world. The news analysis points that citizens want to make their voices heard and have found the platform offered by the campaign a viable one to do so.

Parliamentary actions on the proposed legislation

On 27 August 2011, a special and all exclusive session of Parliament was conducted and a resolution was unanimously passed after deliberations in both the houses of Indian Parliament by sense of the house.

The resolution, in principle, agreed on the following subjects and forwarded the Bill to related standing committee for structure and finalise a report:
  • A citizen charter on the bill
  • An appropriate mechanism to subject lower bureaucracy to lokpal
  • The establishment of Lokayuktas (ombudsmen at state level) in states


Anna Hazare
Anna Hazare
Kisan Baburao Hazare , popularly known as Anna Hazare is an Indian social activist and a prominent leader in the 2011 Indian anti-corruption movement, using nonviolent methods following the teachings of Mahatma Gandhi...

, civil rights activists along with protestors at site of the fast welcomed this development on being informed, terming it as a battle "half won" while ending the protest.

See also

  • 2011 parliamentary debate on anti-corruption legislation
    2011 parliamentary debate on anti-corruption legislation
    The 2011 parliamentary debate on the proposed anti-corruption legislation was a debate in both houses of the Indian parliament carried out in response to an indefinite hunger strike by Anna Hazare. The debate lasted nine hours and ended in MPs expressing support for the changes proposed by Anna...

  • Corruption in India
    Corruption in India
    Political, bureaucratic, corporate and individual corruption in India are major concerns. A 2005 study conducted by Transparency International in India found that more than 55% of Indians had first-hand experience of paying bribes or influence peddling to get jobs done in public offices...

  • Corruption Perceptions Index
    Corruption Perceptions Index
    Since 1995, Transparency International publishes the Corruption Perceptions Index annually ranking countries "by their perceived levels of corruption, as determined by expert assessments and opinion surveys." The CPI generally defines corruption as "the misuse of public power for private...

  • India Against Corruption
    India Against Corruption
    India Against Corruption is a people's movement to demand comprehensive reforms of anti-corruption systems in India. Several eminent citizens have come together to force the Government of India to enact the Jan Lokpal Bill .- Strategy :...

  • Indian black money
    Indian black money
    Black money refers to funds earned on the black market, on which income and other taxes has not been paid. The total amount of black money deposited in foreign banks by Indians is unknown, but one estimate by R Vaidyanathan, a Professor of Finance, estimated the total at over ₹ 7,280,000...

  • Indian political scandals
  • List of politicians in India charged with corruption
  • List of scams in India
  • Lok Ayukta
    LokAyukta
    The Lokayukta is an anti-corruption ombudsman organization in the Indian states.The Administrative Reforms Commission headed by Morarji Desai submitted a special interim report on "Problems of Redressal of Citizen's Grievances' in 1966...


External links

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