Saturday, 27 August 2011

General Knowledge-LokPal versus Jan LokPal


Difference between LokPal and Jan LokPal  



Issue
The Jan Lokpal Bill
Government’s Lokpal Bill
Prime Minister

Can be investigated
with permission of
seven member Lokpal
bench.

PM cannot be investigated by Lokpal.
Judiciary

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”.
MPs

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 Group A officers will be covered.
Central Bureau
 of Investigation (CBI)
The CBI will be
merged into the Lokpal.

The CBI will remain a separate agency.
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 behavior.
Lokayukta

Lokakyukta and
other local/state
 anti-corruption
agency would
remain in place.

All state anti-corruption agencies would be closed and responsibilities taken over by centralized Lokpal.
Whistleblower protection

Whistleblowers are
protected law.

No protection granted to whistleblowers.
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, 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 1 lakh.

Court system will handle matters of frivolous complaints. Courts can issue fines of Rs25,000 to 2 lakh.
Scope

All corruption
can be investigated.
Only high-level corruption can be investigated.


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