JAGO NAGRIK JAGO Ppt on Lokpal at Saraf College

JAGO NAGRIK JAGO

Presentation by

SREEDHAR S. SHARMA, Chairman

Revathi Memorial Foundation

M: - 9833277355

E-mail ID: - [email protected]

CORRUPTION IN INDIA• Serious problem in India

• India tops the list for Black Money in the world

• Recent Scams like 2G scam, Common Wealth, CWG Scams etc.

• Money slashed in Tax havens

• Criminalization of Politics

• Bureaucracy

• Land and Property

• Tendering process

• Awarding contract• Fake and Duplicate Medicine• Evasion of Income Tax and

other Taxes• Preferential award of Public

Resources• Judicial corruption • Armed Force • Media • Religious Institutions

CORRUPTION IN INDIA

CORRUPTION INDEX

• India’s rank 16th in Asia and 87 in the world list.

• Corruption and Black Money are both side of the same coin.

BLACK MONEY• Money slashed in Foreign

Banks 70lakh Crores in Foreign Countries.

• India is Champion on Black Money.

• 13 times of Foreign debt can be paid.

• 45 crore poor people can get 1lakh each.

• We need not pay any tax

SCAMS

Top 10 Corruption Scams in India: -• 2G Spectrum – Rs. 176,00,000 Cr. A,raja

• Common Wealth Games – Rs.70,000 Cr. Suresh Kalmadi

• Stamp Scam – Rs. 20,000 Cr. Abdul Karim Telgi

• Satyam Scam – Rs. 14,000 Cr.

• Bofors Scam – 16 Million US $

• Chara Gotala – 900 Cr. Laloo Prasad Yadav

• Hawala Scandal – 18 Million US $ in 1996

• IPL Scam – Latit Modi

• Harshad Mehta and Ketan Parikh Capital Market Scam

ANTI CORRUPTION MEASURES

• Prevention of Corruption Act• Prevention of Money Laundering Act• CVC / Central vigilance • FCRA• FEMA• RTI• IPC• DTAA• State Vigilance• EOW• police

REMEDIES• RTI Act

• Ombudsmen

• Whistleblowers

• Anti Corruption Police and Court

• Anti Corruption Organisation

LOKPAL• Country is today ridden by Corruption.

• Ordinary Citizen pays a price daily.

• We need is an effective and independent institutional mechanism for tackling the malaise of Corruption in this country.

• That institution is the Jan Lokpal.

• For the first time in the 63 year history of our Nation, the Citizens have the opportunity to Directly Participate in the making of a Law.

SALIENT FEATURES OF JAN LOKPAL BILL

• An institution called LOKPAL at the centre and LOKAUKTA in each state will be set up

• Like Supreme Court and Election Commission, they will be completely independent of the governments.

• Cases against corrupt people will not linger on for years anymore

• The loss that a corrupt person caused to the government will be recovered at the time of conviction.

• Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.

• CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal.

• Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.

• It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.

SALIENT FEATURES OF JAN LOKPAL BILL

CIVIL SOCIETY ACTIVISTS

• Anna Hazare• Arvind Kezriwal• Shanti Bhusan• Prashant Bhushan• Kiran Bedi• Swami Agnivesh• Justice Santosh

Hegde

Differences between Jan Lokpal Bill and Government’s version of the Lokpal Bill

Government Proposed Lokpal Bill

• Lokpal cannot start suomuto investigations into corruption on its own

• Lokpal cannot act upon complaints received from General Public

• Lokpal can act only on complaints received from the heads of the parliament (i.e. Loksabha Speaker and Rajya Sabha Chariman)

• Lokpal is only an advisory body and can ONLY forward its reports on cases of corruption to a “competent authority”

Jan Lokpal Bill

• Lokpal can start suomuto investigations into corruption on its own

• Lokpal can act upon complaints received from General Public and start investigations

• Lokpal can receive complaints from any Indian citizen.

• Lokpal is not a mere advisory body. It can initiate prosecution against those found guilty.

Government Proposed Lokpal Bill

• Lokpal will not have any police powers.

• Lokpal will have nothing to do with CBI.

• Punishment for corruption is minimum 6 months and maximum 7 years.

• Lokpal cannot investigate corruption cases against bureaucrats and government officers

Jan Lokpal Bill

• Lokpal will have police powers and it can lodge FIRs, initiate criminal investigations and prosecution.

• The Anti-corruption wing of CBI will be merged with Lokpal.

• Punishment for corruption is minimum 5 years and maximum life time imprisonment.

• Lokpal can investigate corruption cases against Politicians, Bureaucrats, Judges (including of Supreme Court and High Court)

Government Proposed Lokpal Bill

• Lokpal cannot investigate any case against Prime Minister which deals with foreign affairs, security and defense.

• Lokpal will constitute of three retired judges of the Supreme Court of India

Jan Lokpal Bill

• Lokpal can investigate ANY corruption case against all Politicians including the Prime Minister of India

• Lokpal members will be elected by the prominent members from both public life and private citizens like chair persons of both houses of parliament, Judges of Supreme Court and High Courts, Bharat Ratna award winners, Chief Election Commissioner, Magsaysay award winners, CAG, Chairperson of National Human Rights commission, etc

Powers and Functions of Lokpal Functions of Lokpal: • Lokpal shall be responsible for receiving:

• Complaints where there are allegations of such acts of omission or commission which are punishable under Prevention of Corruption Act

• Complaints where there are allegations of misconduct by a government servant

• Grievances

• Complaints from whistleblowers

• Lokpal, after getting such enquiries and investigations done as it deems fit, may take one or more of the following actions:

• Close the case if prima facie, the complaint is not made out or

• Initiate prosecution against public servants as well as those private entities which are party to the act

• Order imposition of appropriate penalties under CCS Conduct Rules Provided that if an officer is finally convicted under Prevention of Corruption Act, major penalty of dismissal shall be imposed on such government servant.

• Order cancellation or modification of a license or lease or permission or contract or agreement, which was the subject matter of investigation.

Powers and Functions of Lokpal

• Invoke its powers under this Act if its orders are not duly complied with and ensure due compliance of its orders.

• Take necessary action to provide protection to a whistleblower as per various provisions of this Act.

• Suo moto initiate appropriate action under this Act if any case, of the nature mentioned in clauses (1), (2), (3) or (4), comes to the knowledge of the Lokpal from any source.

• Issue such directions, as are necessary, from time to time, to appropriate authorities so as to make such changes in their work practices, administration or other systems so as to reduce the scope and possibility for corruption, misconduct and public grievances.

Powers and Functions of Lokpal

• Blacklist the concerned firm or company or contractor or any other entity involved in that act of corruption.

• Issue appropriate directions to appropriate authorities for Redressal of grievance in such time and in such manner as is specified in the order.

• Lokpal shall be deemed to be “Disciplinary authority” or “appointing authority” for the purpose of imposing penalties under CCS Conduct Rules.

• Section 19 of Prevention of Corruption Act shall be deleted.

• Section 197 of CRPC shall not apply to any proceedings under this Act. All permissions, which need to be sought for initiating investigations or for initiating prosecutions under any Act shall be deemed to have been granted once Lokpal grants such permissions.

Powers and Functions of Lokpal

HOW LOKPAL WILL BE SELECTED?Selection Committee• The bill provides for the setting up a selection committee comprising of

• The Chairpersons of both Houses of Parliament

• Two senior most judges of Supreme Court

• Two senior most Chief Justices of High Courts.

• All Nobel Laureates of Indian Origin

• Chairperson of National Human Rights Commission

• Last two Magsaysay Award winners of Indian origin

• Comptroller and Auditor General of India

• Chief Election Commissioner

• Bharat Ratna Award winners

• After the first set of selection process, the outgoing members and Chairperson of Lokpal.

• The senior most Justice of Supreme Court shall act as chairperson of the selection committee.

WHAT YOU CAN DO?• “First, you need to be

aware,”

• “Distributing pamphlets”

• “Sitting on a fast”

• Don’t give BRIBES

• Spread the message

• Organize Road Shows & Seminar.

JOIN US

Revathi Memorial FoundationC/20, Jai Santoshi Maa Soc;

Opp. Veer Savarkar Udyan,

L. T. Road, Borivali (West),

Mumbai – 400 092

Mobile: 9833277355

[email protected]

[email protected]