Introduction

The Lok Pal Bill has been taken from the concept of having an institution of Ombudsmen in the Scandavian Countries. Ombudsman is a Swedish word that stands for "an officer appointed by the legislature to handle complaints against administrative and judicial action.

The incumbent, though appointed by the legislature, is an independent functionary – independent of all the three organs of the state, but reports to the legislature. The Ombudsman can act both on the basis of complaints made by citizens, or suo moto. She/he can look into allegations of corruption as well as mal-administration

What is the need for Lokpal Bill?

Organ	Problem with complaints made:
Executive	Higher officers enjoy departmental fraternity with those against whom complaints are made, and both sail the same boat. Therefore their impartiality in judging appeals is always doubted.
Legislature	Speaker of the House should consent to necessary action against legislatures. Contentious as approaching them is not easy, highly biased and little focus on justice.
Judiciary	Rampant corruption prevalent in the subordinate courts and even in High Courts. Enjoy immunity, hence delay.

Lokpal Bill: History

Date	Issue
1960	Mounting corruption in government & Public life brings the concept of Ombudsman
1966	The Administrative Reforms Commission (ARC) recommends Two tier systems: Lokpalin the Center, Lokayukta in the State.
1968	Lok Pal Bill introduced in the 4th Lok Sabha. Passed & sent to Rajya Sabha. Lok Sabha is Dissolved, Bill lapses.
1971,1977,1985,1989, 1996,1998,2001, 2005	Bill is brought in Lok Sabha. Bill referred to Standing Committees which dissolved once the house got over.
2002	National Commission for Review of the Constitution urges for formation of Lokayuktas& Lokpal but asks the PM to be kept out of its ambit
2004	UPA’s Common Minimum Programme promises immediate enactment of Lok Pal Bill. 2nd ARC recommends immediate enactment of Lokpal Bill
2010	18 states have enacted laws to establish Lokayuktas.
2011	Group of Ministers (GoM) chaired by Pranab Mukherjee
2011	Uproar over non –enactment of Jan Lok Pal Bill. Anna Hazare goes on hunger strike.

Present context: What is the point of contention?

Lokpal Bill	Jan Lokpal Bill & other civil society suggestions
Cannot initiate suo moto action	Newspapers articles, complains can be basis of inquiry
In camera hearing	Open hearings (rationale: essential for objectivity)
Lok Pal not to inquire into a complaint if made 5 years after alleged offence committed. Can stop any other investigating agency from inquiring into the same matter	Can go back 10 years (rationale: government tenure is five years and skeletons usually come tumbling out after new government takes over)
If government refers matter to a commission of inquiry, Lok Pal to cease looking into the case.	Simultaneous investigations allowed (rationale: checks and balances make for impartiality)
Can only give its findings, not recommend action	Simultaneous investigations allowed (rationale: checks and balances make for impartiality)
Documents/information to Lok Pal can be denied on grounds of security/ defence/ international relations or of disclosing proceedings of Cabinet meetings.	Lok Pal inquiry cannot be stopped (rationale: government canuse inquiry commissions to limit scope of Lok Pal, delay /scuttle investigations).
No appeal against Lok Pal's findings. Courts, too, to be denied access to such information.	Can go into appeal in the Supreme Court. MPs must file returns within 90 days of taking oath; deterrent action recommended in case of failure.
Lokpal will only be an Advisory Body. Its part is only limited to forwarding its report to the "Competent Authority"	Lokpal will be much more than an Advisory Body. It should be granted powers to initiate Prosecution against anyone found guilty.
Lokpal will not have any police powers. It can not register FIRs or proceed with criminal investigations.	Lokpal will have police powers. To say that it will be able to register FIRs.
CBI and Lokpal will have no connection with each other.	Lokpal and anti corruption wing of CBI will be one Independent body.
Punishment for corruption will be minimum 6 months and maximum up-to 7 years.	The punishment should be minimum 5 years and maximum up-to life imprisonment.

Your Opinion Matters

Authors: Bhanu Joshi bhanu@youthpolicy.in

Shashank Shekhar Rai shashank@youthpolicy.in

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