20 points you must know about New Delhi Jan Lokpal Bill

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Delhi chief minister, Arvind Kejriwal, on Monday congratulated his deputy, Manish Sisodia, for presenting the much-anticipated anti-graft bill known as Delhi Jan Lokpal Bill 2015.

Kejriwal called this the ‘strongest anti-corruption law of Independent India.’

He tweeted, ” Congratulations Manish for presenting the strongest anti-corruption law of independent India – Delhi JanLokpal Bill 2015. A historic day.”

The Delhi cabinet of Aam Aadmi Party government had on 18 November, passed the Jan Lokpal Bill paving way for its tabling in the ongoing assembly session.

Here are 20 salient points of the Bill that you ought to know;

  • The Bill proposes to cover any act of corruption as defined in POC Act done within territory of Delhi.
  • Janlokpal will be a three member body consisting of one chairperson and two members, to be collectively called Janlokpal.
  • Janlokpal will be selected by a selection committee consisting of Chief Justice of High Court (Chairperson), Chief Minister of Delhi, Leader of Opposition in Delhi Assembly and Speaker of assembly as members.
  • Chairperson or member can be removed by LG on the recommendation of Legislative Assembly by the majority of total membership and two-third members present and voting.
  • Janlokpal may investigate the allegation of corruption occurring in the NCT of Delhi on the complaints from the government or from the member of public or suo motu.
  • Janlokpal may appoint Investigation Officers to be called Janlokpal Investigating Officer who will have all the powers of Police Officer under CrPC 1973.
  • Janlokpal may utilise services of officers or organisation or investigating agency of central government or government of any state or Union Territory for inquiry / investigation of any case.
  • Janlokpal will have powers of a civil court for discharge of its functions.
  • The bill proposes to make investigation time-bound with maximum time limit of six months and up to twelve months in exceptional cases.
  • Janlokpal may grant prosecution sanctions against the public servants for offences committed under this act.
  • Janlokpal will have a prosecution wing
  • Janlokpal may attach, confiscate assets gained by a public servant through the acts of corruption
  • Janlokpal may recommend transfer or suspension of a public servant connected with the allegation of corruption
  • Special Courts may be setup under the provision of proposed Bill for exclusive and expeditious trail of offences of corruption
  • The Bill proposes harsh punishment for proven charges of corruption including rigorous imprisonment ranging between six months to ten years and in rarest of rare cases up to life imprisonment and fine
  • The Bill proposes higher punishment for a public servant holding higher rank thereby becoming an exemplary ensuring accountability and responsibility
  • The Bill proposes to take action against the private entities involved in acts of corruption also
  • The Bill proposes to bring properties statements of public servants and their dependents in the public domain through website
  • The Bill proposes to provide full protection to whistle blowers from physical harm and administrative harassment. For this the Janlokpal may issue orders and directions to the government or any other authority to provide security and protection to whistle blowers. There is also provision maintaining strict confidentiality regarding the identity of whistle blowers.
  • In case of wilful or malicious false complaints there is provisions of imprisonment or fine or both, Janlokpal will file a case in court for false complaint and court has to uphold it as false case for punishment. False complaints will also be decided by the judiciary.

29 COMMENTS

  1. Territorial jurisdiction as provided in the bill is going to be the bone of contention. It is improper, irrational and impractical, and contrary to the federal structure of our government, for a state government agency to sit in judgment over the personnel of the central government. The intention of the bill is to cause another Nautanki as happened in Ramleela grounds years ago. Does it mean that the Kerala CM, if he talks to Ambani in Delhi, another “Kerala House” can happen?

    • Can tamil nadu police investigate corruption cases of Central govt employees posted in tn? If thats possible this is possible too. If thats constitutional then this is constitutional too once it becomes a law

      • Central government is not situated in Tamil Nadu, but in Delhi, and that is the difference. And again, why should Central Government be under the Delhi Lokpal?

        • If a person living in Delhi commits murder, he will be investigated by Delhi Police, as the Jurisdiction area of crime is in Delhi. Similarly for corruption Lokpal has Jurisdiction over Delhi.
          So doesn’t matter which government, if crime is done in Delhi, then Delhi agency will investigate it. Do we have separate central police & state police?

          • That is the reason why the
            successive ruling central governments have kept the police within central
            government control. The Janlokpal bill is trying to subvert this, by
            introducing another kind of police. What
            the AAP government is campaigning now is the same argument the BJP government
            in Delhi used to put forward when the Congress was in power at the centre. Now
            in power at the centre, the BJP has reversed its stand. If and when an AAP government takes over at
            the centre, and another government rules Delhi, the arguments and stands of AAP
            are surely to be reversed.

            Delhi as the central
            capital has a special status. It can
            never be like any other state. New Delhi is built and developed with national
            finances by the central government to house central government establishments.
            New Delhi thus belongs not just to the Delhites but to the entire country. The
            fear is that with a disruptive local government in Delhi, the entire country
            might be brought to a standstill.

            This is a problem faced by
            all federal governments. A federal
            government has to be housed somewhere, and if a local government wants to
            control all the powers, a situation might be created where the federal
            government functions or does not function without sanction from the state
            government. This is the very reason why the Federal US Government does not hand
            over the administration of Washington DC to Maryland.

      • Very well said.
        The traditional parties wants to perpetuate their national and international loot. So they make hue and cry.
        What happened tk central LokPal? Create litigation creating litigations to continues loot.

        • who is “misusing”? It is not like ‘misusing’ the state machinery by the center and try to bulldoze a democratically elected govt in the NCT of Delhi. People have seen enough and humiliated the “great abusive leader”. If you considered the result of Delhi to be a fluke….the humiliation he got in Bihar elections was surely not a fluke.

          • I dont Support a Modi bullying a Kejriwal, or a Kejriwal disrupting Modi. Governments in a federation are to govern jointly, not to disrupt each other, and laws are to be framed accordingly.

          • I do agree with you. Laws do exist. But many are brazenly misinterpreted due to loopholes or violated deliberately.

          • What us happening in Delhi with AAP! The whole nation us wTching. BJP intolerant including to other political parties. Even Shiv Sena is treated cheaply by BJP. Their own seniors are thrown out of the window.

          • These are diehard politicians relying on the weakness of the society in not understanding them. They want to perpetuate and enjoy corruption.

    • Why did Bhushan filed case against Moily? Checkup. AAP LDRS ARE GOOD BUT NOT FOOLS. Can’t HYD court act against a criminal in Delhi? What happened to LokPal in Guj and central govt! Those indulging in corruption stooped LokPal for 45 years. They want to somehow prolong it. Enough us enough.

      • I don`t understand why we bring in personalities, when we discuss a law that has to hold on for generations may be. The point is that the Delhi Janlokpal Bill has provisions ultra vires the federal structure of the Constitution. We should have strong Lokpals as an attempt to prevent corruption, and we should also have a strong central government, without being interfered by political interests of a provincial government. This is the reason why the Central government is not ready to hand over the reins of Delhi Police to the local government. The argument is valid, but the police is being misused to thwart the local government in many cases. There are provisions in the Janlokpal which can be inversely misused.

  2. Some one please send a truckload of burnol to YY and PB. They would have loved to b a part of this historical day. tough luck. So they are trying to be a part by protesting outside the Delhi assembly.

  3. Can anybody explain the following key point of JANLOKAPAL of Delhi govt. that how far the point justifies the independent authority to Janlokpal, because the removal of JANLOKPAL again comes under the ruling govt. I think this puts a question mark on honesty of Govt. of Delhi.

    Chairperson or member can be removed by LG on the recommendation of Legislative Assembly by the majority of total membership and two-third members present and voting.

      • No. sir it is not like that my consent is that when there will be any corruption allegation against anyone of the JANLOKPAL, then it should be prosecuted by the high court first and if found guilty then he/she would be removed by the verdict of court instead of the two 3rd majority in legislative assembly by voting. This sounds a fair removal process. However if it is done by voting in assembly then fair vote may not be happened, because personal grudge may be entertained in terms of voting and right thing may be missed. So it is a direct threat to the JANLOKPAL. So removal of JANLOKPAL should be done by high court instead of voting

          • Removal of Lokpal of 2014: Any person can file a complaint with the court, and if found guilty, Lokpal would be removed. But in 2015 Lokpal take a 2/3rd majority in Assembly to remove Lokpal.

            According to 2014 lokpal points lokpal would have more power even than the CM. because it had less interference of political party in removal and selection of locpal. However according to 2015 lokpal bil, lokpal may not be that much powerful, because it is not guaranteed that Delhi will get as good cm as Sri Arvind Kejriwal such that if allegation made against CM the lokpal may independently investigate him. In case of a corrupted cm as soon as the lokpal start investigating the CM, conspiring steps may be taken in assembly to remove the lokpal. Then now you say here how a LOKPAL will have the power.

          • Then u should know that no CM gets 2/3rd majority with his own party. It’s different this time as there was revolution in Delhi’s Politics. So don’t think this will happen every time. 2/3 majority in Delhi assembly accounts for 50/75 MLA which is not a very easy task as u think.

          • Sir, changes have been made by the party, what exactly I was thinking and want to be implemented. Thanks to Anna Hazare ji. I salute Anna ji for making his genuine suggestion and the AAP to listen him. Jai Hind

  4. really tough law to curb corruption within the territory of Delhi !!! the govt must be congratulated for this law with full heart !! the criticism on the law is biased and beyond understanding —therefore worth neglecting !!

  5. LOKPAL is made to avoid bad politics done by the selected people to legislative assembly. If again selection and removal done by same assembly then how it is justified that JANLOKPAL is more powerful even than CM.

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