The foremost thing is to understand exactly what this bill all about is?
The bill is aimed at creating an anti-corruption redressal system with two critical objectives 1. keeping away elements that interfere and thus delay the process of getting accused convicted (to create effective deterrent against corruption) 2. safeguarding the identity of person who assists the function in getting the accused convicted (effective protection against the whistle-blowers).
The other aspect is to understand what stands good as corruption. One can complain against government official if,
The bill is aimed at creating an anti-corruption redressal system with two critical objectives 1. keeping away elements that interfere and thus delay the process of getting accused convicted (to create effective deterrent against corruption) 2. safeguarding the identity of person who assists the function in getting the accused convicted (effective protection against the whistle-blowers).
The other aspect is to understand what stands good as corruption. One can complain against government official if,
- he indulges into any form of misconduct beyond the call of his duty.
- activities performed by him is punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1988
- he violates any rules or law to himself benefit of directly or indirectly help others to benefit
This bill is aimed to aide in prosecution of the culpable corrupt officers (Government Servant, Public Servant and Public Authorities) bringing in every individual within the ambit of democratic system. Thus lokpal shall be a body that would have powers of civil courts to prosecute offenders. The current draft if enacted or passed in its current form would end up being an ineffective and abusive system for following reasons:
1. The matter raised by complainants shall be taken over by Lokpal after a specific approval of public servant or is referred by government.
2. The investigation against public servants with respect to any action should not affect its action and related duty of public servant
3. Lokpal shall have rights to ask public servant other than ministers to step down from their duty only after he is satisfied with allegation, for the rest recommendation shall be made to president for decision, PM is exempted from this.
4. Delhi Special Police Establishment shall assist lokpal in its investigation
I did not get into the details of the administrative & management aspects of this bill which may not have direct impact on establishment of guilt. The above salient point indicates how this bill has been drafted to safeguard the government representatives. In fact it does not serve overall vision and objective that have been set out. In its current form Lokpal would not be able to achieve its result and would be a system equivalent to PAC or even JPC wherein judge is a member among the bench who spend days in sessions clamouring and shouting over issues until the matter is lost in oblivion. The democracy as we have learnt is system of the people, by the people, for the people; however Lokpal would be system of the government, by the government, for the government in its current form.
I remember Mr. Anand Mahindra Tweeting "Don't worry as huge mob on street are not people revolting against corrupt government, they are celebrating Indian Cricket Team World Cup victory". In less than a week his premonition turned into a truth. Hope this effort by Anna Hazare and movement across the country gets this bill in a shape and form that helps our country eradicate corruption in totality as our weakness is not establishing lest in implementing to achieve the desired objective.
“Jai Hind”



