Anna’s Lokpal Bill – a solution to counter corruption

Here are the flash points in the Government of India(GOI) vs Team Anna battle over the Lokpal Bill.

The Lokpal

Shall consist of a chairperson and eight members, along with subordinate officials. The lokpal will have five-year tenure and can be removed only the President, on a Supreme Court reference.

The members

GOI : Five members will be government nominees

Team Anna: Lokpal should have Nobel laureates of Indian origin , the last three Magsaysay award  winners and top judges, including two retired chief justices of the Supreme Court.

Jursidiction

GOI: The Lokpal can unconditionally probe corruption charges against Union ministers and officers of Group A and above.

Team Anna: All public officials should come under the Lokpal’s ambit as per the UN convention Against Corruption, which requires all countries to establish such independent anti-corruption agencies.

Members of Parliament

GOI: Exempts MPs for their acts inside Parliament.

Team Anna: No such provision

Investigation authority

GOI: CBI would probe corruption charges against lower-level officials, and Lokpal the higher officials. The Lokpal cannot prosecute but only refer the case to the Supreme Court.

Team Anna: Opposes division of authority, and wants the CBI’s anti-corruption wing to come under the Lokpal.

The Prime Minister and judiciary

GOI: Exempts Prime Ministers and judges, but provides for inquiry into graft charges after they vacate office.

Team Anna: Wants the PM and the judiciary in the Lokpal’s ambit.

Whistle-blowers’ protection

GOI: Leaves the matter to separate legislation on judicial standards and accountability, protection of whistle-blowers and grievance redress mechanism

Team Anna: Wants the bill to ensure the whistle-blowers’ professional and physical safety.

Limitation period

GOI: Provides for a seven year limitation period from the date of knowing the offense. In the case of PMs, the period will apply after they demit office.

Team Anna: Opposes the government’s position.

Lokayukta

GOI: Only a central Lokpal would be created through the current bill.

Team Anna: The bill should provide for Lokayuktas in states and district levels, too.

Punishment

GOI: Maximum punishment fixed at 10 years imprisonment.

Team Anna: Wants harsher punishment- based on rank of accused officials.

Financial independence

GOI: Finance ministry will decide quantum of budget.

Team Anna: Lokpal members will collectively decide the budget.

[ref : The Week, Aug 14 2011]