PART-1

For instance, in your locality let’s say for example your ward member, your sarpanch, or any other public servant has committed corruption or any malpractice or misusing his/her power. 

Then as a citizen to protect your basic rights what will you do at that instance. 

will you be silent without saying anything to anyone?

Or will you take any further steps to prevent it? Or will you say that every politician or public servant has been corrupted from the inception? 

Or every politician is like taking a jug of water from the ocean because in the ocean the water never dries. even if we take a vast amount.

On your desire of doing something to the country. 

At last on a fine day, you are decided to do something on that public servant issue.

Then at that moment where will, you go to file your complaint. 

Absolutely without any haste to the police station you may think. 

But, the station house officer will register FIR for your case, but after some days that case will be manipulated due to the influence of that public servant on the police station. 

If you say not here then you may opt to go CAC, CAG, CBI, and other bodies that deal with anti-corruption. 

These bodies will take these cases but in these bodies, there are many other cases to deal with. 

And also to deal with these vast cases definitely need huge infrastructure and manpower to deal with which are presently inadequate. 

Then you are in a dilemma where to go, for these types of cases we have….

Our government has decided that there should be an apex and independent body to deal with such types of cases based on investigating public servants. That is….. 

To prevent these kinds of actions, the Indian government has introduced a “Lokpal bill”.

"LOKPAL" word was derived from Sanskrit word Lok (mean people) and pala means (protector/caretaker) meaning [caretaker of people].

The inception of this act started in 1963 when the idea of an Indian (ombudsman) emerged through the halls of Parliament while discussing budget allocation. 

The Administrative Reforms Commission headed by Morarji Desai in 1966 recommended the setting up of a Lokpal at the Centre and Lokayuktas in states. There were nine failed attempts between 1968 and 2011 to pass a Lokpal and Lokayuktas Bill.

An ombudsman is an official who is appointed by the government to investigate the individual Complaints against a complaint like a financial institution, business organization especially government department, or public entities or public servants. 

In other words, he is an officer for investigating cases. 

The term Lokpal, which literally meant “people’s protector” was coined by L.M. Singhvi. 

The main aim behind establishing such an institution was to control the practice of corruption in the public authority. 

Which was eating the core of our government system and also to stop the political corruption as well as misuse of power in the country. 

Yet even after so many recommendations and attempts to pass the bill, the installing of Lokpal in India seemed to have become an impossible task. 

Then like a hero of hope for India, an Anti-Corruption movement was launched by the famous social activist of Civil Society Anna Hazare and Arvind Kejriwal a rti activist in 2011.

which was called for the enactment of the Jan Lokpal Bill. 

After many failed negotiations/discussions he went on a four-day hunger strike.

whichever finally made the government think about it and agreed on setting up a commission composed of the government and members of civil society for drafting a bill.

They came to a compromise and introduced two bills, the Jan Lokpal Bill and the Lokpal Bill. 

Later on, the Jan Lokpal bill is the replacement of the Lokpal bill.

The Lokpal and Lokayukta Act 2013 commonly known as the Lokpal act.

It is an anti-corruption act of the Indian parliament in India that seeks to provide for the establishment of an independent Institution without any type of hands and legs on it. 

That means it should be an independent apex body. Without making it handicapped. But, still, it depends on Central investigating agencies. 

Here Lokpal is nothing but an agency or a watchdog in corruption regarding public figures. 

Lokpal is responsible for enquiring about the corrupted cases at the apex national level. 

On the other hand, Lokayukta is responsible for performing the same act at the state level. 

Because in a huge country like India division of commission must be there. Because for a Better ruling. 

The act also ensures that public servants who act as whistleblowers are protected if a separate Whistleblower Protection Act has been posted for this purpose.  

In the public sector, we can control corruption. 

2016, an amendment to the Lokpal law was passed, which excluded public servants’ spouses and dependent children from the disclosure of assets and liabilities, and said the form and manner of disclosure by public servants would be decided by the government. 

Corruption is one of the reasons in India, to be still a developing country in the world. With having a vast manpower and youth population. 

According to Newton, the first law states that every object will remain at rest or in uniform motion unless compelled to change its state by the action of an external force.

The same follows here too ….. 

This body can’t take suo moto action that means actions on its own. 

So, if you find any such type of malpractice then try to do something without idle. 

Here, too, the Lokpal can’t take action on its own in investigating the particular public servant who is corrupted. 

First, you need to file a case against the convicted person then Lokpal comes to investigate. 

Then if it finds strange things the Lokpal will do a complete investigation on it. 

In between, if it finds false then it will leave the case. 

The investigation should be completed within 6 months. The maximum duration of 1 to 2 years. 

An inquiry has to be completed within 60 days and an investigation to be completed within six months. Lokpal shall order an investigation only after hearing the public servant.

Inquiry against the prime minister has to be held in-camera and approved by two-thirds of the full bench of the Lokpal.

The Lokpal can fine up to Rs. 2 lakh for “false, frivolous or vexatious” complaints. so, be with evidence to file a case. 

Lokpal bill comprises the chairperson and a maximum of 8 numbers out of which 50 percent should be judicial members.

And 50% of the total number should be ST, SC, BC, and minority numbers.

Here there should be participation from all corners. 

In Lokpal, Nobel persons that mean game-changers of the society called public servant like, 

Prime minister, members of parliament, groups A, B, C, D officers are all included. Along with persons who commit malpractice. 

And also not only these where their corruption takes place the committed and committing members are included. 

This is not there is another part to read.

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