HOT TOPICS
SPOTLIGHT AGENCIES
Jan Lokpal Bill from IAC, and Govt Lokpal bill, latest versions
Written By silkboard - 28 March, 2011
governance law and order Corruption Citizen Reports Karnataka Santosh Hegde Jan Lokpal Bill
[Update, Aug 20: Took out reference to the reformatted 1.8 version, embedded latest (version 2.3) Jan Lokpall Bill draft, and the one that was introduced in Lok Sabha]
The group India Against Corruption is doing a super job of raising the pitch against ineffective legislations to combat corruption in public services. They are proposing two peices of legislations, one of which is the "Jan Lokpal Bill" at the center, which is designed to be a replacement of "The Lokapl Bill" drafted by Government of India.
JLP draft:
Next, the govt draft:
COMMENTS

will the government respond positively at least now?
murali772 - 18 August, 2011 - 08:29
Thanks Sanjay for sharing that TEHELKA article. If what it says is true, and if the government can respond in a positive way, now that they have become aware of the real anger amongst the public, perhaps we have a solution in sight.
Here are two responses of mine on "savekoramangala y-group", the context they are made in being fairly self-explanatory:
1) @ Mr N - There admittedly are grey areas in the Jan LokPal bill, as also in the approach of Team Anna to having it passed. However, quite like you, if I too am supporting him, it's because of the way the government is seen to be approaching the whole issue - from framing a toothless bill after sitting on the draft for decades together, then trying to make out as if, once elected, they are the supreme authority answerable to none, and going on to say that the civil society has no role to play at all, on top of heaping insults on them. Well, it's perhaps when all rational approaches to making the government accountable have failed that you and I are prepared to back an unconventional and not too rational an approach, plainly out of desperation.
And, as for those making pious preachings saying in effect that if people stop paying bribes, things will automatically fall in place, I would like to know how many of them themselves, or through brokers, have not paid bribes. That's where Dr Kaushik Basu (none less than the economic adviser to the PM)'s recent suggestion, of amending the Prevention of Corruption Act to hold only the taker of bribes guilty, makes immense sense. The sarkari babu is in a position of privilege, and very rarely can you carry on your day to day life, particularly if you are running a business (smaller the worse), without falling prey to him. My own experience I have narrated here, and even talked about it openly on national television (the then only Doordarshan) over an interview by Nalini Singh. Mr Basu rightly believes that if they are not held guilty, many will come forward to lodge complaints after paying the bribe. I had taken a chance.
The above can perhaps largely take care of most of the coercive corruption. Collusive corruption needs separate handling.
Whatever said and done, it required an Anna to rattle the politicos, which they definitely have been, including of the opposition.
And, what amazes me is the support from the youth of the country (entire IIMB is supposedly skipping their lunches - and, IIM students you would generally consider rational). Perhaps what they are saying is that "hum hai kaamyaab", producing as the youth already are world class products and offering world-class services; "magar, government kaamyaab hoga bhi nahin, aur kisi ko hone bhi nahin dega". And, they don't seem to have yours and my patience.
2) @ ND - A serious anomaly in the Sarkari LokPal bill, as I have understood, is the provision for probing the doings of NGO's, even at the Village Panchayat level. In this context, I wish to submit, that the scope of the word "corruption" should be limited to cases of misuse of public/ tax-payers' money. Mis-use of non-public funds is simple and straight forward cheating, which can be tackled under Sec 420 and other provisions of law. If, on the other hand, the LokPal/ Ayukta is to come into the picture in cases of mis-use of funds by office-bearers of NGO's, not just 5 but even a 100 LokPal's/ Ayukta's will be enough. Of course, if an NGO has obtained government funding, it is a different matter.
And, the most disquieting part of the Sarkari bill, again as I have understood, are the draconian provisions for so-called frivolous complaints, even as the defendant government servant is given the help of the state machinery to put up his defence.

Why only JLP should be placed before Parliament?
kbsyed61 - 18 August, 2011 - 16:18
SanjayV, Murali,
On the surface of it all looks very lofty - Fight against corruption, Gandhian leading, Magasay award winners, PIL expert duo etc. But let us look at the questions you guys have asked.
(b) Any law passed is debated in a public forum - get feedback from the public, from the experts, argue, debate and yes bargain and put something workable out there.
Precisely the point, the authoritarian attitude of IAC's approach has led to suppression of any discussion other than the draft from IAC. In their pursuit of becoming messiah's themselves and retaining the whole pie of anti-corruption lofty, they pushed the nation, politics to not to look beyond Fasts and Dharnas. Are we going to say here that IAC represents all fo us? Certainly not me.
Let us assume if govt had accepted JLP in its inert version, would that have met the criterion that you listed? I am sorry instead of correcting the course we are making it more monstrous. Even if the JLP is passed, nothing is going to change on ground in terms of public participation in making of legislation.
Today the only course left for me to give my opinion on any prospective bill is to petition the Parliament's standing committees. I will only be super lucky to be called in and given an opportunity.There is lot of secrecy in making of legislation in parliament, with only MPs are privy to it. Along with pitch for JLP, the dismantling of this parliament secrecy should have been the paramount objective.
Instead of asking for fishnet, we have settled on getting the fish. No doubt this fish is very very important now and in near term.
The current process of legislative making process should be made transparent and open to public. That would have strengthen the institutions of legislation and set a template for all other bills to come. But IAC seems uninterested in making the legislative process transparent and inclusive.
This should have been the moment where a institutional mechanisms should have been forced to built within the system to make the 'Consultative Process' more robust, inclusive, transparency that paves the way for participation of ordinary soul like me in every bill that is being envisioned and tabled in the parliament. LP bill could have been the experiment in that direction and slowly fine tuned that process so that all other bills are legislated with opinions of many, instead of only few.
In frenzy of IAC's my way, other versions of Lokpal bill have been overlooked and completely sidelined. It is in our own interest that we also look at every other view that is being suggested. Very interesting is the competitive version of JLP from Aruna Roy and his team, though not necessary the panacea for Govt or IAC version.
http://ibnlive.in.com/news/lokpal-bill-aruna-roy-and-ncpris-suggestions/172475-53.html
On a different thought, When the gross politically and legally incorrect arrest of Hazare made news, every Indian came out and protested, condemned. Most vocal was the hypocritical middle class, affluent, celebrities and front in line political parties. They did it rightly so. Every wrong has to be protested. But our protest has been very selective, prejudiced.
On a regular basis, activist in Kashmir, Assam, Nagaland are taken into preventive custody and arrested on every drop of the hat. We rarely hear the voices calling it a "Murder of Democracy", but vocal and first to claim it when it suits us.
BTW, I would not hesitate to lay the entire blame on political class primarily at the door UPA not to have taken steps to respond to various ills of the country inclduing corruption fast and effective enough.

UPA 2 is in search of Magic Wand
ramesh_mbabu - 19 August, 2011 - 09:20
Syed,
No magic wand to banish corruption: Prime Minister
http://www.hindustantimes.com/No-magic-wand-to-banish-corruption-Prime-Minister/Article1-715455.aspx
No magic wand to control inflation: Pranab
http://www.moneycontrol.com/news/economy/no-magic-wand-to-control-inflation-pranab_573000.html
Action to recover black money in Swiss banks initiated: PM
http://www.indianexpress.com/news/action-to-recover-black-money-in-swiss-banks/496033/
When did Indian public start sending magicians to Parliament? Were the Indian Public searching for Magic Wands or who can find them while they elected them in last 2 general elections and several times earlier? Forget the ruling party, opposition parties too failed miserably, that is the precise reason Civil Society is doing what they are forced to do today. Even after 7 years of ruling, if they can not tame inflation & corruption, why do they hang on to power? Forget about the previous periods of the runing.
Is this democratic?
Team Anna consists of fascists, 'Maoists' and anarchists: Cong
http://www.indianexpress.com/news/team-anna-consists-of-fascists-maoists/831838/
Congress calls Anna corrupt; he denies the charges
http://ibnlive.in.com/news/cong-calls-anna-corrupt-he-denies-the-charges/175663-37-64.html
Allegations against Anna show nervousness of Congress: Team Hazare
http://articles.economictimes.indiatimes.com/2011-08-14/news/29886526_1_anna-hazare-team-hazare-forces-of-right-reaction
This reminds me the time during Koramanga demolitions, see http://www.google.co.in/#hl=en&sa=X&ei=yShOTsyIAYTqrAf178SkAw&ved=0CBoQvwUoAQ&q=koramangala+demolitions&spell=1&bav=on.2,or.r_gc.r_pw.&fp=a6a19d7eac5b02b2&biw=1440&bih=645 . Please do not shoot the messenger if the message is inconvenient to the reciever
SC blasts Sibal's comments against CAG in 'scam'
http://www.indianexpress.com/news/sc-blasts-sibals-comments-against-cag-in-s/740503/
He claims he upholds the constitution & says parliament has the last word. What about the constitutional bodies? They had tried similar things earlier with EC during TN Sheshan's time.
No scam, no loss in 2G spectrum sale: Kapil Sibal
http://www.hindustantimes.com/News-Feed/newdelhi/Govt-rejects-CAG-findings-on-2G-spectrum-scam/Article1-647425.aspx
Why is one of his ex-colleague in ministry and another MP in ruling coalition cooling their heels in Tihar?
Moily's virtual clean chit to K G Balakrishnan
http://www.deccanherald.com/content/125962/moilys-virtual-clean-chit-k.html
This is You scratch my back and I'll scratch yours.
http://idioms.thefreedictionary.com/You+scratch+my+back+and+I'll+scratch+yours in plain speaking.
It seems like you have a preconcieved notion of this movement having a right wing support, if so let it be, what is wrong with that? In a democracy every one has a right to voice their opinion.
Ramesh

Have seen Loksatta's JP's version of LP?
kbsyed61 - 26 August, 2011 - 09:31
Yesterday PM mentioned about Loksatta's JP's version of LP in th parliament. Has anybody seen it? Couldn't find it on net?

Lok Pal bill Standing Committee
pathykv - 19 August, 2011 - 05:51
Will the Standing Committee consider the Jan Lok Pal bill proposed by Civil Society.
K.V.Pathy
PRAJA.IN COMMENT GUIDELINES
Posting Guidelines apply for comments as well. No foul language, hate mongering or personal attacks. If criticizing third person or an authority, you must be fact based, as constructive as possible, and use gentle words. Avoid going off-topic no matter how nice your comment is. Moderators reserve the right to either edit or simply delete comments that don't meet these guidelines. If you are nice enough to realize you violated the guidelines, please save Moderators some time by editing and fixing yourself. Thanks!