The Jan Lokpal Bill, also referred to as the citizens' ombudsman bill is a proposed independent anticorruption law in India.

Anti-corruption social activists proposed it as a more effective improvement to the original Lokpal bill, which is currently being proposed by the Government of India.[1] The Jan Lokpal Bill aims to effectively deter corruption, redress grievances of citizens, and protect whistleblowers. If made into law, the bill would create an independent ombudsman body similar to the Election Commission of India called the Lokpal (Sanskrit: protector of the people). It would be empowered to register and investigate complaints of corruption against politicians and bureaucrats without prior government approval.[2] Although the bill first passed the Lok Sabha in 1968[3], the bill has failed to pass the Rajya Sabha and become law for over four decades.[4][5] In 2011, civil activist Anna Hazare started a Satyagraha movement by commencing an indefinite fast in New Delhi to demand the passing of the bill. The movement attracted attention in the media, and hundreds of thousands of supporters, in part due to the organizational skills of Arvind Kejriwal.[6] Following Hazare's four day hunger strike, Indian Prime Minister Manmohan Singh stated that the bill would be re-introduced in the 2011 monsoon session of the Parliament.[7] Accordingly, a committee of five Cabinet Ministers and five social activists attempted to draft a compromise bill merging the two versions but failed. The Indian government went on to propose its own version in the parliament, which the activists reject on the grounds of not being sufficiently effective and called it a "toothless bill

Background
The word Lokpal was coined in 1963 by L.M.Singhvi, a Member of Parliament during a debate in Parliament about grievance redressal mechanisms. His son Dr. Abhishek Singhvi is now the head of the Parliamentary Standing Committee reviewing the bill.[10] The prefix Jan (translation: citizens) was added to signify the fact that these improvements include input provided by "ordinary citizens" through an activistdriven, non-governmental public consultation.[11][12] The Lokpal bill was first introduced by Shanti Bhushan in 1968[3] and passed the 4th Lok Sabha in 1969. But before it could be passed by Rajya Sabha, Lok Sabha was dissolved and the bill lapsed.[13] The Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008,[14] but none of them passed. The bill is inspired of setting up an independent commission like Independent Commission Against Corruption (ICAC).[15][16]

Key features of proposed bill

Some important features of the proposed bill are:[11] 1. To establish a central government anti-corruption institution called Lokpal, supported by Lokayukta at the state level. 2. As in the case of the Supreme Court and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet Secretary and the Election Commission. As a result, it will be completely independent of the government and free from ministerial influence in its investigations. 3. Members will be appointed by judges, Indian Administrative Service officers with a clean record, private citizens and constitutional authorities through a transparent and participatory process. 4. A selection committee will invite short-listed candidates for interviews, videorecordings of which will thereafter be made public.

5. Every month on its website, the Lokayukta will publish a list of cases dealt with, brief details of each, their outcome and any action taken or proposed. It will also publish lists of all cases received by the Lokayukta during the previous month, cases dealt with and those which are pending. 6. Investigations of each case must be completed in one year. Any resulting trials should be concluded in the following year, giving a total maximum process time of two years. 7. Losses caused to the government by a corrupt individual will be recovered at the time of conviction. 8. Government officework required by a citizen that is not completed within a prescribed time period will result in Lokpal imposing financial penalties on those responsible, which will then be given as compensation to the complainant. 9. Complaints against any officer of Lokpal will be investigated and completed within a month and, if found to be substantive, will result in the officer being dismissed within two months. 10. The existing anti-corruption agencies (CVC, departmental vigilance and the anti-corruption branch of the CBI) will be merged into Lokpal which will have complete power and authority to independently investigate and prosecute any officer, judge or politician. 11. Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it.

DIFFERENCE BETWEEN JAN LOKPAL BILL AND DRAFT BILL 2010[17] JAN LOKPAL BILL (CITIZEN'S OMBUDSMAN BILL) Lokpal will have powers to initiate suo motu action or receive complaints of corruption from the general public. Lokpal will have the power to initiate prosecution of anyone found guilty. DRAFT LOKPAL BILL (2010) Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha. Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".

Lokpal will have police powers as well as Lokpal will have no police powers and no ability to register an FIR or the ability to register FIRs. proceed with criminal investigations. Lokpal and the anti corruption wing of the The CBI and Lokpal will be unconnected. CBI will be one independent body. Punishments will be a minimum of 10 years and a maximum of up to life imprisonment. Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.

The following table details differences between the Government and activist backed versions. [18][19][20] Comparision SlideShow uploaded by India Against Corruption.[21] Issue Prime Minister The Jan Lokpal Bill [12] PM can be investigated with permission of seven member Lokpal bench.[18] Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench.[18] Can be investigated with permission of seven member Lokpal bench.[18] Government's Lokpal Bill [1] PM can be investigated by Lokpal after she/he vacates office.[22] Judiciary is exempt and will be covered by a separate "judicial accountability bill".[19] Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated.[19] Only senior officers (Group A) will be covered.[19] The Anti-corruption wing of the CBI not be merged into the Lokpal.[18] Any "aggrieved party" can raise a complaint to the President, who will refer the matter to the CJI.[18] Lokpal will conduct inquiries into its own behavior.[18]

Judiciary

Conduct of MPs

Lower bureaucracy All public servants would be included.[19] Anti-corruption wing The Anti-corruption wing of the CBI will be of the Central Bureau merged into the Lokpal.[19] of Investigation (CBI) Any person can bring a complaint to the Removal of Lokpal Supreme Court, who can then recommend members and Chair removal of any member to the President.[18] Complaints against Lokpal staff will be Removal of Lokpal handled by independent boards set-up in staff and officers each state, composed of retired bureaucrats, judges, and civil society members.[18] Lokayukta Whistleblower protection Punishment for

All state anti-corruption agencies Lokayukta and other local/state antiwould be closed and responsibilities corruption agency would remain in place.[19] taken over by centralized Lokpal.[19] No protection granted to Whistleblowers are protected by Lokpal.[18] whistleblowers by Lokpal.[18] Lokpal can either directly impose penalties, Lokpal can only refer matters to the

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.[18] Lokpal can obtain wiretaps ( to make a connection to a telegraph or telephone wire Investigatory powers in order to obtain information secretly), issue rogatory letters, and recruit investigating officers. Cannot issue contempt orders.[18] Lokpal can issue fines for frivolous False, frivolous and complaints (including frivolous complaints vexatious complaints against Lokpal itself), with a maximum penalty of Rs 100,000.[18] NGOs not within the scope due to their role NGOs in exposing corruption.[20]

corruption

courts, not take any direct punitive actions. Penalties remain equivalent to those in current law.[18] 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.[18] Court system will handle matters of frivolous complaints. Courts can give 2-5 years imprisonment and fines of Rs 25,000 to 200,000.[21] NGOs are within the scope and can be investigated.[20]