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Sarkari Lokpal is weak and ineffective, says Arvind Kejriwal; Sarkari Lokpal vs AAP proposed Lokpal

By on December 16, 2013

Anna Hazare says he is satisfied with the sarkari Lokpal, while Kejriwal calls government’s version of lokpal as “weak” and “ineffective”. The statment of Anna Hazare came after Rahul Gandhi made a strong pitch for passing the bill, describing it as a “very, very powerful instrument” in the fight against corruption.

Anna Hazare denied Kejriwal’s claim that he had been misled by “some people” to believe that the government’s Lokpal Bill was strong and effective. “I have read the provisions of the bill properly. If you (Kejriwal) think the bill has any shortcomings, fast for it,” Anna said.

Anna Hazare supporter Kiran Bedi said the Lokpal Bill presented in Rajya Sabha was “certainly not a Jokepal”. “How can a political leadership, which is opposing all other political parties, concede Lokpal to others which weakens their very foundation?” Lokpal is certainly not a Jokepal! Those who term it this way perhaps want to keep the issue alive and not want it get started against corruption,” Kiran Bedi tweeted

Arvind Kejriwal said the sarkari lokpal was weak and would not prevent corruption, but instead work to “protect the corrupt”.
“Leave alone ministers, not even a mouse will go to jail if sarkari lokpal bill is enacted,” the AAP chief said at a press conference in Delhi.

Differences between Sarkari Lokpal and AAP Proposed Lokpal

1. Sarkari Lokpal: Lokpal will be selected 5 members: by PM, Leader of Opposition, Speaker, CJI, and one jurist nominated by these 4.
AAP Lokpal: Lokpal will be appointed by a 7 member committee, consisting of 2 SC judges, 2 HC judges, 1 nominee of CAG+CVC+CEC, PM and Leader of Opposition

2. Sarkari Lokpal: For removal, only the Govt, or 100 MPs can make a complaint to the SC.
Lokpal: Any citizen can complain to the SC seeking removal of any member of Lokpal.

3. Sarkari Lokpal: The Lokpal would have to get the complaints investigated by any investigating agency, including the CBI, all of which would continue to remain under the administrative control of the government. The transfer, postings and post-retirement jobs of CBI officers would be under the control of the govt, thus compromising the independence of the investigative machinery.
Lokpal: The CBI will be brought under the administrative control of the Lokpal, so that the investigating machinery can be made independent of the government.

4. Sarkari Lokpal: No mention of Whistleblower protection and Citizens Charter in the government’s bill.
Lokpal: The Jan Lokpal Bill includes provisions for protection of whistleblowers. The Jan Lokpal instituted a mechanism for prosecution of government officials if they failed to fulfill their duties under the citizens charter, which was to be created in this Bill.

5. Sarkari Lokpal: The Lokayuktas in the State have been left to the discretion of the state governments.
Lokpal: The Jan Lokpal bill sought to create a Lokayukta along the same lines as the one at the center.

6. Sarkari Lokpal: Any person making a false or frivolous complaint could be jailed for up to 1 year, which will deter even honest complainants from going to the Lokpal.
Lokpal: There was a penalty up to Rs. 1 lakh, but no provision for imprisonment.

7. Sarkari Lokpal: Judiciary excluded completely and MPs excluded in respect of their votes and speeches in Parliament.
Lokpal: Included all public servants, including judges and MPs, with regard to all their public duties.

3 Comments

  1. Avatar

    etershaan

    December 18, 2013 at 4:46 pm

    I disagree with point no. 6, and it seems Sarkari Lokpal is correct in deterring false complainants to lodge frivolous complaints. Because of this very reason our courts are full of cases as nobody is frightened of lodging a false case against someone and in this way to get their rivalry settled!!

    • Avatar

      Chintan Dadhania

      December 27, 2013 at 6:19 pm

      @etershaan , Suppose You make complaint against someone. They prove that they are not guilty and you make false complaint. Then what happen? These may be going protect the corruption.

      • Avatar

        etershaan

        December 27, 2013 at 7:21 pm

        @Chintan: Your logic has a presumption that the other “frivolous” party may prove the false to be truth and truth to be false! I suggest that all the policies should be based upon an underlying assumption that “Truth will prevail” and “Justice will always be done truthfully”. If we can’t believe on this very assumption, then I don’t think we are taking the movement to the right direction. By your logic, you can complain against someone because of some hearsay and later on you are found to be guilty of lodging false complaint; and then you don’t want any punishment of your mistake as well! Can you correlate how big is this an opportunity to be misused? This is what has been happening in this country since British rule!

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