Jan Lokpal Bill Vs Lokpal Bill: An In-depth Comparison

The Jan Lokpal Bill or citizens’ ombudsman bill, is a proposed anti-corruption law in India. The bill is made by civil society of india led by Gandhian activist Anna Hazare, who previously fought for implementation of rights to information act in India. This group of social activists are claiming that Jan Lokpal Bill is much more effective than the original Lokpal bill which is currently being proposed by the Government of India.

The Jan Lokpal Bill claims to reduce corruption almost 65-70% after its implementation, it will give ordinary people more power to exercise their rights and it will protect whistle-blowers. If this bill made into law then government have to create an independent powerful body similar to the Election Commission of India called the ‘Lokpal’.

Lokpal will be empowered to register and investigate complaints of corruption against each and every government employees including politicians and bureaucrats without prior government approval. Activists are demanding inclusion of Prime minister and higher judiciary to be included under Lokpal.

For the last four decades of independent India the bill has failed to become law as no government ever succeed to pass the bill from Parliament.

Activist Anna Hazare started a Satyagraha movement by commencing a fast unto death in New Delhi to demand the passing of the bill. The movement attracted attention from across the country and government was forced to seat with the civil society and re-introduced in the bill atmonsoon session of the Parliament.

However as the bill has severe differences with the proposed Jan Lokpal Bill, Anna Hazare again started agitation and this time youth of India along with every age group comes forward and join hand with Sri Anna. The Jan Lokpal got media’s attention and it became a bigger movement nation-wide.

The Jan Lokpal bill has a serious differences with government’s proposed Lokpal bill. The Jan Lokpal Bill is prepared by the members of the activists movement and eminent people of the country — N. Santosh Hegde; Shanti Bhushan; Arvind Kejriwal; Prashant Bhushan, and members of the India Against Corruption movement.

This bill proposed a strong law which empowered Lokpal to combat corruption. Government severely criticizing the draft made by civil society by saying this bill attempts to suppress existing constitutional bodies and attempts to create a super-institution with sweeping powers, which can be dangerous for the future of democracy.

The Key differences between Government proposed Lokpal Bill and Jan Lokapl Bills are:

Subject	The Jan Lokpal Bill	Government’s Lokpal Bill
Prime Minister	Can be investigated with permission of seven member Lokpal bench.	PM cannot be investigate by Lokpal.
Judiciary	Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench.	Judiciary is exempt and will be covered by a separate “judicial accountability bill”.
MPs	Can be investigated with permission of seven member Lokpal bench.	Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated.
Lower bureaucracy	All public servants would be included.	Only Group A officers will be covered.
The CBI	will be merged into the Lokpal.	The CBI will remain a separate agency.
Central Bureau of Investigation (CBI)	Removal of Lokpal members and Chair Any person can bring a complaint to the Supreme Court, who can then recommend removal of any member to the President.	Any “aggrieved party” can raise a complaint to the President, who will refer the matter to the CJI.
Removal of Lokpal staff and officers	Complaints against Lokpal staff will be handled by independent boards set-up in each state, composed of retired bureaucrats, judges, and civil society members.	Lokpal will conduct inquiries into its own behavior.
Lokayukta	Lokakyukta and other local/state anti-corruption agency would remain in place.	All state anti-corruption agencies would be closed and responsibilities taken over by centralized Lokpal.
Whistleblower protection	Whistleblowers are protected law.	No protection granted to whistleblowers.
Punishment for corruption	Lokpal can either directly impose penalties, 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.	Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current law.
Investigatory powers	Lokpal can obtain wiretaps, issue rogatory letters, and recruit investigating officers. Cannot issue contempt orders.	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.
False, frivolous and vexatious complaints	Lokpal can issue fines for frivolous complaints (including frivolous complaints against Lokpal itself), with a maximum penalty of 1 lakh.	Court system will handle matters of frivolous complaints. Courts can issue fines of Rs25,000 to 2 lakh.
Scope	All corruption can be investigated.	Only high-level corruption can be investigated.

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