some major differences between Jan-lokpal Bill of Anna Hazare and the Government of India's Lokpal Bill

1. Anna Hazare vs. Dr. Manmohan Singh

2. Jan-Lok Pal vsLokpal Bills Dr. A. K. Verma Chair Department of Political Science Christ Church College Kanpur

3. Some Major Differences Between Jan lokpal Bill of Anna and Government Lokpal Bill

4. On Prime Minister Anna Bill Lok Pal - Investigate allegations of corruption against PM. Full bench of Lok Pal to give permission in case of Ministers and PM Special safeguards provided against frivolous and mischievous complaints Government Bill PM outside the purview of Lok Pal Enquiry by Lokpal only after PM demits office

5. On Judiciary Anna Bill Lok Pal - power to investigate allegations of corruption against Judiciary. Full Bench of Lok Pal to permit filing a case against a Judge Special safeguards provided against frivolous and mischievous complaints Government Bill Judiciary outside the purview of Lok Pal Government want a Judicial Accountability Bill (JAB) where two sitting and a retired Judge of the same court will give permission to enquire against allegations of corruption.

6. On Members of Parliament Anna Bill Lok Pal - investigate allegations that MPs have taken bribe to speak or vote in Parliament Full bench of Lok Pal to give permission in case of MPs. Government Bill Speaking/Voting by MPs in parliament and its committees outside the purview of Lok Pal Government defends it as a constitutional privilege to MPs

7. On Bureaucracy Anna Bill Lok Pal - investigate allegations about corruption of both higher and lower bureaucracy All those defined as Public servant under prevention of Corruption Act 1988 be covered Government Bill Only Group A officers of Joint Secretary rank and above to be covered Not to cover lower babus.

8. On NGOs Anna Bill JLP does not cover NGOs Government Bill The government bill includes officers of NGOs NGOs who receive government funds NGOs receiving any funds from the public

9. Selection of Lok Pal Anna Bill Government Bill Selection Committee comprising: Prime Minister Leader of opposition in LS 2 youngest judges of S. Court 2 youngest Chief Justices of HC Comptroller and Auditor General Chief Election Commissioner All previous Lokpals Search Committee : 10 Members 5 members from retired Chief Justices of India, Chief Election Commissioners and retired CAGs They select another 5 members from civil society Lokpal and Members selected from candidates shortlisted by search committee Selection committee comprising: Prime minister Speaker of LS Leader of Opposition in LS Leader of Opposition in RS PM nominated cabinet minister Judge of SC nominated by CJI HC Judge nominated by CJI Govt. nominated eminent jurist Govt. nominated person of eminence in public life *Selection committee may , at its discretion constitute search Committee

11. 15 years being an advocate of Supreme Court or High Courtpersons with impeccable integrity and record of public service particularly in the field of fighting corruption shall be eligible for being considered for nomination

12. Accountability of Lok Pal Anna Bill Government Bill Mainly accountable to people All orders of Lok pal are subject to writ jurisdiction of HCs under Art. 226. If HC does not decide within two months, the stay on Lok Pal order is vacated. No further stay. CAG conduct annual audit/ parliamentary committee annual appraisal. Lokpal mainly accountable to Government

13. Removing Lok Pal Anna Bill Government Bill Any citizen can make a complaint to Supreme Court SC to enquire about misbehaviour, infirmity of mind or body, insolvency or paid employment SC may recommend his removal to the President SC recommendations within 3 months President shall remove members of Lok Pal/Chairman on the basis of SC recommendations A complaint to the President by- Any citizen By 100 MPs President shall make a reference to the CJI sui moto or on complaint President shall remove Chairman/Members of Lok on recommendation of CJI That would in effect mean that no proceedings can be initiated without the permission of the Government (President)

14. Lok Pal Staff Anna Bill Government Bill In each state, an Independent complaint authority (five members) Members selected by- CJ of HC of the state Chairman of state Lokayukta Chairman of State Human Rights Commission Complaint against officer/staff of lok pal – public hearing by the complaint authority and decided within two months. HCs will have writ jurisdiction (Art 226) Only Lok pal shall investigate the complaint against any officer, employee or agency under or associated with it Complete enquiry within 30 days

15. Method of Enquiry Anna Bill Government Bill As per Cr PC. After preliminary enquiry, an FIR will be registered. After investigations, case will be presented before a court, where the trial will take place Initiate investigations suomoto, or on the citizen’s complaint Not need permission from anyone Cr PC being amended to give special protection to the accused After preliminary enquiry, all evidence provided to accused; heard why an FIR should not be registered against him. After investigations, again all evidence provided to accused; heard why a case should not be filed against him in the court. Unheard provisions in criminal jurisprudence

16. CBI Anna Bill Government Bill Anti corruption branch of CBI should be merged into Lokpal CVC to be merged with Lokpal Government to retain hold over CBI Recently, government has taken CBI out of RTI, thus further increasing the scope of corruption in CBI

17. Citizen’s Charter Anna Bill Government Bill Every government office to put a citizens charter Tells which official will do what Tells the time limit in which a work will be done by that official Financial penalty of Rs. 500/- per day delay from the salary of Head of Dept. (max. Rs. 50,000) Citizens charter without penalties proposed earlier Government went back on even that

18. Jan-Lokayuktas in States Anna Bill Government Bill Wants its inclusion in the bill so that similar institution could be erected in states The State Information Commissions were set up through single RTI Act. No provision in the bill Already there are Lokayuktas in states U.P. passed Lokayukta law as early as in 1975 Lokayuktas are in existence in 18 states

19. Whistleblowers Anna Bill Government Bill Lokpal provide protection to Whistleblowers Witnesses Victims of corruption No mention in Bill Creates insecurity for whistleblowers Witnesses Victims of corruption by revealing their identities and making available all evidences to the accused at various levels of investigation

20. Punishment for Corruption Anna Bill Government Bill Six months rigorous imprisonment to Life imprisonment Special court may consider more severe punishment for accused holding higher ranks Higher fines if accused are business entities Blacklisting of business entity on conviction Minimum six months Maximum punishment 10 years

21. Punishment for False Charges Anna Bill Government Bill Citizen could be fined up to 1 lakh If frivolous charges against Lokpal staff/officers, then simple imprisonment up to 3 months in addition to fine. Citizen gets minimum 2 years jail maximum 5 years Fine minimum Rs. 25000 and maximum Rs. 2 lakhs

22. Thank You Dr. A.K. Verma Chair Department of Political Science Christ Church College Kanpur