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What is JAN LOK PAL BILL








This bill provides for the constitution of a Lokpal Authority which will be
independent of the public officials and public authorities that it will be empowered
to investigate and prosecute. Such independence is sought to be provided both
by way of a broad based and transparent selection process as well as by
functional autonomy. The bill, therefore, provides that the Lokpal shall have the
authority to select its own staff and also ensure that such staff is adequate to
handle complaints of corruption, misconduct as well as grievances. Corruption
always involves misconduct and gives rise to grievances. These are inter-
related. The existing vigilance machinery and the existing grievance redressal
machinery also suffer from the problem of conflict of interests where vigilance
officers and grievance redressal officers are unrealistically expected to exercise
vigilance over their own bosses or those who exercise administrative control over
them.
The bill, therefore, provides that the vigilance machinery and the
grievance redressal machinery also be brought under the administrative and
supervisory control of an independent Lokpal.

Article 7 (4) of UNCAC provides that “each state party shall, in accordance with
the fundamental principles of their local law, endeavour to adopt, maintain and
strengthen systems that promote transparency and prevent conflicts of interests”.
These are the principles on the basis of which powers of investigation and
prosecution for corruption, enquiry and punishment for misconduct are required
to be entrusted to an independent authority which would have no conflict of
interests.
Article 8 (2) of UNCAC provides that “in particular, each state party shall
endeavour to apply within its own institutional and legal systems, codes or
standards of conduct for the correct, honourable and proper performance of
public functions”. In accordance with these principles, the bill provides that each
public authority shall prescribe a citizen’s charter for the performance of its public
functions for which it would be held accountable to the independent Lokpal
authority.

Article 8 (5) of the UNCAC provides that “each state party shall endaevour,
where appropriate and in accordance with the fundamental principles of its
domestic laws, to establish measures and systems requiring public officials to
make declarations to appropriate authorities regarding, inter-alia, their outside
activities, employment, investment, assets and substantial gifts or benefits from
which a conflict of interest may result with respect to their functions as public
officials”.

Article 8 (6) provides that “each state party shall consider taking, in accordance
with the fundamental principles of its domestic law, disciplinary or other
measures against public officials who violate the codes or standards established
in accordance with this Article”.

Article 12 dealing with the private sector obliges each state party to take
measures for “promoting transparency amongst private entities, including where
appropriate, measures regarding the identity of legal and natural persons
involved in the establishment and management of corporate entities; preventing
the misuse of procedures regulating private entities including procedures
regarding subsidies and licenses granted by public authorities for commercial
activities; preventing conflicts of interests by imposing restrictions as appropriate
and for a reasonable period of time, on the professional activities of former public
officials or on the employment of public officials by the private sector after their
resignation or retirement, where such activities or employment relate directly to
the functions held or supervised by those public officials during their tenure”.

Article 13 of the UNCAC dealing with participation of society provides “each state
party shall take appropriate measures within its means and in accordance with
the fundamental principles of its domestic law to promote the active participation
of individuals and groups outside the public sector, such as civil society, non-
government organizations and community based organizations in the prevention
of and the fight against corruption and to raise public awareness regarding the
existence, causes and gravity of and the threat posed by corruption. This
participation shall be strengthened by such measures as: enhancing the
transparency of and promoting the contribution of the public to decision making
processes; ensuring that the public has effective access to information”.
Article 34 of UNCAC provides that “with due regard to the rights of third parties,
acquired in good faith, each state party shall take measures, in accordance with
the fundamental principles of its domestic laws, to address consequences of
corruption. In this context, state parties may consider corruption a relevant factor
in legal proceedings to annul or rescind a contract, withdraw a concession or
other similar instrument or take any other remedial action”.
In accordance with all the above principles enunciated in the UNCAC, the powers
of investigation and prosecution for corruption, investigation and disciplinary
action for misconduct against all public officials are sought to be brought under
an independent Lokpal authority. In addition, violation of the citizen’s charter
which is akin to a code of conduct, would also be enquired into by the vigilance
machinery under the Lokpal. Other ancillary powers such as confiscation of
assets acquired by public servants by corrupt means, recommending the
cancellation of contracts which have been awarded for corrupt considerations,
etc., are also sought to be conferred on this authority. The integrity of the
authority and the anti-corruption/vigilance machinery under its control is sought to
be achieved by mandating transparency in its functioning and public participation,
wherever possible. The accountability of the Lokpal itself would be to the
Supreme Court, which would have the authority to enquire into and order the
removal of members of the Lokpal. Judicial review over the actions of the Lokpal
by the High Courts under Article 226 and the Supreme Court under Article 32 and
136 would further ensure the accountability of the Lokpal.
Lokpal Bills have been successively introduced in Parliament for the last 42
years but aborted each time for various reasons. An effective, independent and
empowered Lokpal institution is a need for which the country cannot wait any
longer. This Bill seeks to achieve this objective.

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