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Sunday December 4th 2016
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What is Lokpal Bill Suggested by AAP, Aam Aadmi Party?

AAP

IMPORTANT DIFFERENCES BETWEEN THE JAN LOKPAL BILL & THE BILL NOW PROPOSED

As per Govt’s Lokpal Bill

As per Jan Lokpal Bill

Appointment: Lokpal will be selected 5 members: by PM, Leader of Opposition, Speaker, CJI, and one jurist nominated by these 4.

(thus majority of those who will select Lokpal will be from the political class, who themselves will need to be investigated by the Lokpal)

Lokpal will be appointed by a 7 member committee, consisting of 2 SC judges, 2 HC judges, 1 nominee of CAG+CVC+CEC, PM and Leader of Opposition

 

Removal: For removal, only the Govt, or 100 MPs can make a complaint to the SC.

(thus rendering the removal largely under control of the government and the political class, and compromising its independence)

Any citizen can complain to the SC seeking removal of any member of Lokpal.
Investigating machinery: The Lokpal would have to get the complaints investigated by any investigating agency, including the CBI, all of which would continue to remain under the administrative control of the government. The transfer, postings and post-retirement jobs of CBI officers would be under the control of the govt, thus compromising the independence of the investigative machinery. The CBI will be brought under the administrative control of the Lokpal, so that the investigating machinery can be made independent of the government.
Whistleblower protection: Not mentioned in the government’s bill. The Jan Lokpal Bill includes provisions for protection of whistleblowers.
Citizens Charter: Not mentioned in the government bill.

(this was one of the unanimous assurances made by parliament to Anna Hazare when he broke his fast in August 2011)

The Jan Lokpal instituted a mechanism for prosecution of government officials if they failed to fulfill their duties under the citizens charter, which was to be created in this Bill.
Lokayuktas in the State: Have been left to the discretion of the state governments.

(this was one of the unanimous assurances made by parliament to Anna Hazare when he broke his fast in August 2011)

The Jan Lokpal bill sought to create a Lokayukta along the same lines as the one at the center.
Frivolous Complaints: Any person making a false or frivolous complaint could be jailed for up to 1 year, which will deter even honest complainants from going to the Lokpal. There was a penalty up to Rs. 1 lakh, but no provision for imprisonment.
Ambit of the Lokpal: Judiciary excluded completely and MPs excluded in respect of their votes and speeches in Parliament. Included all public servants, including judges and MPs, with regard to all their public duties.

 

Courtesy : http://www.aamaadmiparty.org/news/the-farce-in-the-name-of-the-lokpal-bill

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