Lokpal

A Lokpal is a proposed ombudsman (Legal Representative) in India. The word is derived from
the Sanskrit word "lok" (people) and "pala" (protector/caretaker), or "caretaker of people." It has
jurisdiction over all Members of Parliament and central government employees in cases of
corruption. It was formed in 2013 after passing of The Lokpal Bill, 2011 in parliament, following
movement lead by Anna Hazare. It has counterpart in all the states of India called Lokayuktas.

History
The word 'lokpal' was coined by Dr L.M.Singhvi in 1963. The concept of a constitutional
ombudsman was first proposed in parliament by Law Minister Ashoke Kumar Sen in the early
1960s. The first Jan Lokpal Bill was proposed by Shanti Bhushan in 1968 and passed in the 4th
Lok Sabha in 1969, but did not pass through the Rajya Sabha. Subsequently, 'lokpal bills' were
introduced in 1971, 1977, 1985, again by Ashoke Kumar Sen, while serving as Law Minister in
the Rajiv Gandhi cabinet, and again in 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were
never passed. Fifty two years after its first introduction, the Lokpal Bill is finally enacted in
India on December 18, 2013.

The Lokpal Bill provides for the filing, with the ombudsman, of complaints of corruption against
the prime minister, other ministers, and MPs. The Administrative Reforms Commission (ARC)
recommended the enacting of the Office of a Lokpal, convinced that such an institution was
justified, not only for removing the sense of injustice from the minds of citizens, but also to
instill public confidence in the efficiency of the administrative machinery.

Following this, the Lokpal Bill was, for the first time, presented during the fourth Lok Sabha in
1968, and was passed there in 1969. However, while it was pending in the Rajya Sabha, the Lok
Sabha was dissolved, and thus the bill was not passed.

The bill was revived several times in subsequent years, including in 2011. Each time, after the
bill was introduced to the House, it was referred to a committee for improvements, to a joint
committee of parliament, or to a departmental standing committee of the Home Ministry. Before
the government could take a final stand on the issue, the house was dissolved again. Several
conspicuous flaws were found in the 2008 draft of the Lokpal Bill. The basic idea of a lokpal is
borrowed from the Office of the Ombudsman, which has the Administrative Reforms Committee
of a lokpal at the Centre, and lokayukta(s) in the states.

Anna Hazare fought to get this bill passed, and it did pass on Dec 27, 2011, around 9:30, with
some modifications. These were proposed as the Jan Lokpal Bill. However, Hazare and his team,
as well as other political parties, claimed that the Lokpal Bill passed was weak, and would not
serve its intended purpose. So the proposed bill by the ruling Congress Party has yet to be
accepted in the Rajya Sabha. As of Dec 29, 2011, the bill has been deferred to the next
parliamentary session, amid much controversy and disruption by the LJP, RJD and SP parties.
The media at large, and the opposition parties, claimed the situation had been staged.

Jan Lokpal Bill

Anna Hazare's hunger strike at Jantar Mantar in New Delhi, on the second day of his fast
Main article: Jan Lokpal Bill

The Jan Lokpal Bill (Citizen's Ombudsman Bill) is a draft anti-corruption bill drawn up by
prominent civil society activists, seeking the appointment of a Jan Lokpal, an independent body
that would investigate corruption cases, complete the investigation within one year and conduct
trials for the case within the next year.

Drafted by Justice Santosh Hegde (a former Supreme Court Judge and former Lokayukta of
Karnataka), Prashant Bhushan (a Supreme Court Lawyer) and Arvind Kejriwal (an RTI activist),
the draft Bill envisaged a system in which a corrupt person found guilty would go to jail within
two years of the complaint being made and his ill-gotten wealth confiscated. It also sought power
for the Jan Lokpal to prosecute politicians and bureaucrats without requiring government
permission.

Retired IPS officer Kiran Bedi and others, like Anna Hazare, Swami Agnivesh, Sri Sri Ravi
Shankar, and Mallika Sarabhai are also members of the movement, called India Against
Corruption. Its website describes the movement as "an expression of collective anger of people
of India against corruption." It goes on to state: "We have all come together to
force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if
this Bill were enacted it would create an effective deterrence against corruption."

Anna Hazare, an anti-corruption crusader, began a fast-unto-death, demanding that this bill,
drafted by Civil Society, be adopted. The website of the India Against Corruption movement
calls the Lokpal Bill of the government an "eyewash", and hosts a critique of that government
bill. It also lists the difference between the bills drafted by the government and civil society.
Features of the Jan Lokpal Bill:

1. An institution called Lokpal at the centre and Lokayukta in each state will be set up.

2. Like the Supreme Court and Election Commission, they will be completely independent
of governments. No minister or bureaucrat will be able to influence their investigations.

3. Cases against corrupt people will not linger on for years anymore: investigations in any
case will have to be completed in one year. Trial should be completed in the next one
year, so that the corrupt politician, officer or judge is sent to jail within two years.

4. The loss that a corrupt person caused to the government will be recovered at the time of
conviction.

5. How will it help a common citizen? If the work of any citizen is not done in a prescribed
time, in any government office, Lokpal will impose a financial penalty on the guilty
officers, which will be given as compensation to the complainant.

6. So, you could approach Lokpal if your ration card or passport or voter card had not been
made, or if the police are not registering your case, or if any other work is not being done
within the prescribed time. Lokpal will have to get it done in a month's time. You could
also report any case of corruption to Lokpal, like rations being siphoned off, poor quality
roads being constructed or panchayat funds being siphoned off.

7. But won't the government appoint corrupt and weak people as Lokpal members? That
won't be possible because its members will be selected by judges, citizens and
constitutional authorities, not by politicians, through a completely transparent and
participatory process.

8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/
Lokayukta will be completely transparent. Any complaint against any officer of Lokpal
will be investigated and the officer dismissed within two months.

9. What will happen to existing anti-corruption agencies? CVC, the departmental vigilance
and anti-corruption branch of the CBI, will be merged into Lokpal. Lokpal will have
complete powers and machinery to independently investigate and prosecute any officer,
judge or politician.

10. It will be the duty of the Lokpal to provide protection to those who are being victimized
for raising their voice against corruption.

Fundamental duties:
 1. To judge the cases and make jurisdictions against corruption cases with the Lokpal.

2. To judge whether a case is genuine or whether a fake complaint has been made.

3. To potentially impose fines on a fake complaint, or even a short span of jail time, if the
case is not proved to be legally true.

Anna Hazare, a Gandhian rights activist, had started a fast unto death at Jantar Mantar in New
Delhi demanding the passing of the bill. Hazare called off his hunger strike on the 9 April 2011,
bringing to an end his 98-hour protest after the government issued a gazette notification
constituting a 10-member Joint Committee of government ministers and civil society activists,
including him, to draft a bill for the creation of an effective Lokpal. Thousands of people from all
over India, especially youth, supported Anna Hazare's cause by attending candle lit marches and
conducting online campaigns through social media.

Recently a yoga guru, Swami Ramdev, fasted for this cause for 9 days from 4 to 12 June 2011.
He wanted the Government of India to accept various demands, which mainly included those
related to the Lokpall Bill. Many claimed he had a personal interest in it.

Anna Hazare on the 8 June 2011, declared that he would again fast unto death on 16 August, if
the Lokpal bill were not passed by the Parliament of India by 15 August, which is the
Independence Day of India.

On the 16th of June, Civil Society reported that only 15 points, of 71, that they recommended
have been agreed to by the Joint Committee consisting of five central ministers. Following
differences with the Civil Society, the team of five central ministers decided to forward two
drafts of the Lokpal Bill to the Cabinet, one from each side. Anticipating some sort of police
action against his fast, intended for 16 August, social activist Anna Hazare said he would ask the
Supreme Court to prevent any situation similar to the police crackdown on Baba Ramdev and his
supporters at Ramlila Maidan.

The government said, we will suppress the agitation of Anna Hazare as had been done in the
case of Ramdev. Is this democracy or autocracy? You cannot suppress.... That is why we will go
to the Supreme Court tomorrow, Hazare told reporters, adding the Constitution has given right
to every citizen to lodge a protest. We will launch the agitation from August 16.

On 27 December 2011, the Lokpal bill was passed by the Lok Sabha after a day long debate and
amendments. The Indian Army, the Indian Air Force and the Indian Navy have been kept out of
the jurisdiction of the Lokpal. The bill also keeps the CBI independent.