Existing System | System Proposed by civil society |
No politician or senior officer ever goes to jail despite huge evidence because Anti Corruption Branch (ACB) and CBI directly come under the government. Before starting investigation or initiating prosecution in any case, they have to take permission from the same bosses, against whom the case has to be investigated. | Lokpal at centre and Lokayukta at state level will be independent bodies. ACB and CBI will be merged into these bodies. They will have power to initiate investigations and prosecution against any officer or politician without needing anyone’s permission. Investigation should be completed within 1 year and trial to get over in next 1 year. Within two years, the corrupt should go to jail. |
No corrupt officer is dismissed from the job because Central Vigilance Commission, which is supposed to dismiss corrupt officers, is only an advisory body. Whenever it advises government to dismiss any senior corrupt officer, its advice is never implemented. | Lokpal and Lokayukta will have complete powers to order dismissal of a corrupt officer. CVC and all departmental vigilance will be merged into Lokpal and state vigilance will be merged into Lokayukta. |
No action is taken against corrupt judges because permission is required from the Chief Justice of India to even register an FIR against corrupt judges. | Lokpal & Lokayukta shall have powers to investigate and prosecute any judge without needing anyone’s permission. |
Nowhere to go – People expose corruption but no action is taken on their complaints. | Lokpal & Lokayukta will have to enquire into and hear every complaint. |
There is so much corruption within CBI and vigilance departments. Their functioning is so secret that it encourages corruption within these agencies. | All investigations in Lokpal & Lokayukta shall be transparent. After completion of investigation, all case records shall be open to public. Complaint against any staff of Lokpal & Lokayukta shall be enquired and punishment announced within two months. |
Weak and corrupt people are appointed as heads of anti-corruption agencies. | Politicians will have absolutely no say in selections of Chairperson and members of Lokpal & Lokayukta. Selections will take place through a transparent and public participatory process. |
Citizens face harassment in government offices. Sometimes they are forced to pay bribes. One can only complaint to senior officers. No action is taken on complaints because senior officers also get their cut. | Lokpal & Lokayukta will get public grievances resolved in time bound manner, impose a penalty of Rs 250 per day of delay to be deducted from the salary of guilty officer and award that amount as compensation to the aggrieved citizen. |
Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money. | Loss caused to the government due to corruption will be recovered from all accused. |
Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years. | Enhanced punishment – The punishment would be minimum 5 years and maximum of life imprisonment. |
It is happy to note that both the partieis, Government and Hazare Team agreed that to-day’s meeting went with in a cordial manner and also points were discussed in an elaborate, eventhough there was some difference of opinion in both sides. However, the Stand in the Government’s side on the following points to be considered:
1. Inviting other Political Parties also to participate in the Bill. This is very much important, as the Government which is having a responsibility to ensure the Major Political Parties, like BJP, Communists, etc., to be taken in to consideration for their view in deriving proper Lokpal Bill. Hence, we should not term it as a Government tactice to delay the bill, otherwise it is inevitable.
2. Including Prime Minister in the Lokpal Bill is a must. But, at the same time Government’s view that the Prime Minister can be included only after the tenure of the person who was holding primeministership is to considered elaborately. This is very much important that if when person holding Prime Ministership, at that time, if he faces a situation to face the Lokpal due to an allegation, what he has to do? He cannot be continued as PM as he is facing Lokpal and he has to resign. After his resignation, if the Lokpal announces after its enquiry that the person was innocense, what will be his position? Hence, the Prime Minister Post can be included in the Lok Pal bill, but action to be taken only after his tenure as PM.
3. But, regarding the Judges, whether Supreme Court Judges or High Court Judges, including Chief Judges, their posts to be included in the Lokpal bill and action to be taken when they are continuing in the posts against allegation. There should not be any exemption for them.
IT WILL ULTIMATELY PROVE A FUTILE EXERCISE & THE PUBLIC EXCHEQUER WILL BE BE BURDENED WITH WHITE ELEPHANTINE EXPENDITURE ONLY BY CONDUCTING INQUIRIES & CROWDING JAILS WITH IMPRISONMENTS, TO WHICH OUR PEOPLE ARE VERY MUCH USED TO & THEY RATHER RELISH THE TREATMENT METED OUT TO THEM IN JAILS, WHICH ARE MERELY REST HOUSES FOR BIG RICH & POWERFUL PEOPLE.
BEST COURSE IS ABOLITION OF DISCRETIONARY POWERS, THE ROOT CAUSE OF CORRUPTION & AND ANNOUNCEMENT GIVING SPECIFIC TIME PERIOD FOR THE DISCLOSURE OF HIDDEN WEALTH/ BLACK MONEY & THEREAFTER NO APPEAL OR PLEA EXCEPT TO FACE LYNCHING BY PUBLIC IN THE OPEN TILL DEATH, AS IT IS THE BIGGEST CRIME AGAINST A NATION,TO STEAL PUBLIC FUNDS AND THERE SHALL BE ZERO TOLERANCE IN THIS CONTEXT & THEN THE WHOLE NATION RATHER THE WHOLE WORLD SHALL SEE THE RESULT THAT HOW FAST BHARAT BECOMES A SUPER POWER.
DEMOCRACY DOES NOT MEAN THAT POWERFUL & INFLUENTIAL PEOPLE SHOULD PLAY WITH THE LAW AS THEY FEEL LIKE & TO RAISE THE WHOLE NATION, THE VOTE BANK POLITICS HAVE TO BE ABANDONED —dr.amritgaur