Government Lokpal Bill Vs Jan Lokpal Bill: Comparative Chart

JanLokpalBillHow will Government’s LOKPAL work?

Suppose some citizen files a complaint to Lokpal against some corrupt government servant.

Before the investigations actually start, the government servant can file a cross complaint against the citizen straight to the special court, without any preliminary enquiry by any agency, that the complaint is false or frivolous. The government will provide free advocate to the government servant to file this case. The citizen will have to defend himself on his own!

Then there is stiffer punishment for the complainant than the corrupt government servant. If the Special Court concludes that the complaint is frivolous or false, the citizen faces a minimum of two years of punishment. But if the corruption charges against government servant are proved, there is a minimum of six months of punishment for the corrupt government servant!
Government’s Lokpal will have jurisdiction over all NGOs in the country but it will have jurisdiction over less then o.5% of all government employees.

Government argued that the LOKPAL would get overwhelmed with too many cases if all public servants were brought under its ambit. So, government has restricted its jurisdiction only to 65,000 Group A officers. Also, state employees will not be covered by Lokpal. There are 4 million central government employees and 8 million state government employees.

In sharp contrast, all NGOs are covered under government’s Lokpal, small or big, whether in state or centre. Even unregistered groups of people in remote villages are covered under the ambit of Lokpal. So, in a remote village, if a group of youngsters detect corruption in panchayat works using RTI, the youngsters can be hauled up by Lokpal but Lokpal would not have jurisdiction over Sarpanch, BDO or their corruption.

Whereas Lokpal would not have jurisdiction over Delhi government officials, it would have jurisdiction over all RWAs in Delhi. All small neighborhood groups who raise donations to do Ramlila or Durga Puja would be under Lokpal’s scanner.

Lokpal could haul up activists from any of the farmers, labour, anti-corruption, land, tribal or any other movements. All the movements – whether registered or not, are under the jurisdiction of Lokpal.

There are 4.3 lakh registered NGOs. But there would be several million unregistered groups across the country. Lokpal would have jurisdiction over all of them.

No one can dispute the fact that corruption in NGOs needs to be addressed. But how can you leave most public servants out of Lokpal’s purview but bring NGOs upto village level within its purview

Issue

View of ‘India against corruption’

Government’s view

Comments

Prime Minister Lokpal should have power to investigate allegations of corruption against PM. Special safeguards provided against frivolous and mischievous complaints PM kept out of Lokpal’s purview. As of today, corruption by PM can be investigated under Prevention of Corruption Act. Government wants investigations to be done by CBI, which comes directly under him, rather than independent Lokpal
Judiciary Lokpal should have powers to investigate allegation of corruption against judiciary. Special safeguards provided against frivolous and mischievous complaints Judiciary kept out of Lokpal purview. Government wants this to be included in Judicial Accountability Bill (JAB). Under JAB, permission to enquire against a judge will be given by a three member committee (two judges from the same court and retd Chief justice of the same court). There are many such flaws in JAB. We have no objections to judiciary being included in JAB if a strong and effective JAB were considered and it were enacted simultaneously.
MPs Lokpal should be able to investigate allegations that any MP had taken bribe to vote or speak in Parliament. Government has excluded this from Lokpal’s purview. Taking bribe to vote or speak in Parliament strikes at the foundations of our democracy. Government’s refusal to bring it under Lokpal scrutiny virtually gives a license to MPs to take bribes with impunity.
Grievance redressal Violation of citizen’s charter (if an officer does not do a citizen’s work in prescribed time) by an officer should be penalized and should be deemed to be corruption. No penalties proposed. So, this will remain only on paper. Government had agreed to our demand in the Joint committee meeting on 23rdMay. It is unfortunate they have gone back on this decision.
CBI Anti-corruption branch of CBI should be merged into Lokpal. Government wants to retain its hold over CBI. CBI is misused by governments. Recently, govt has taken CBI out of RTI, thus further increasing the scope for corruption in CBI. CBI will remain corrupt till it remains under government’s control
Selection of Lokpal members 1. Broad based selection committee with 2 politicians, four judges and two independent constitutional authorities. 2. An independent search committee consisting of retd constitutional authorities to prepare first list.3. A detailed transparent and participatory selection process. 1. With five out of ten members from ruling establishment and six politicians in selection committee, government has ensured that only weak, dishonest and pliable people would be selected. 2. Search committee to be selected by selection committee, thus making them a pawn of selection committee3. No selection process provided. It will completely depend on selection committee Government’s proposal ensures that the government will be able to appoint its own people as Lokpal members and Chairperson. Interestingly, they had agreed to the selection committee proposed by us in the meeting held on 7th May. There was also a broad consensus on selection process. However, there was a disagreement on composition of search committee. We are surprised that they have gone back on the decision.
Who will Lokpal be accountable to? To the people. A citizen can make a complaint to Supreme Court and seek removal. To the Government. Only government can seek removal of Lokpal With selection and removal of Lokpal in government’s control, it would virtually be a puppet in government’s hands, against whose seniormost functionaries it is supposed to investigate, thus causing serious conflict of interest.
Integrity of Lokpal staff Complaint against Lokpal staff will be heard by an independent authority Lokpal itself will investigate complaints against its own staff, thus creating serious conflicts of interest Government’s proposal creates a Lokpal, which is accountable either to itself or to the government. We have suggested giving these controls in the hands of the citizens.
Method of enquiry Method would be the same as provided in CrPC like in any other criminal case. After preliminary enquiry, an FIR will be registered. After investigations, case will be presented before a court, where the trial will take place CrPC being amended. Special protection being provided to the accused. After preliminary enquiry, all evidence will be provided to the accused and he shall be heard as to why an FIR should not be regd against him. After completion of investigations, again all evidence will be provided to him and he will be given a hearing to explain why a case should not be filed against him in the court. During investigations, if investigations are to be started against any new persons, they would also be presented with all evidence against them and heard. Investigation process provided by the government would severely compromise all investigations. If evidence were made available to the accused at various stages of investigations, in addition to compromising the investigations, it would also reveal the identity of whistleblowers thus compromising their security. Such a process is unheard of in criminal jurisprudence anywhere in the world. Such process would kill almost every case.
Lower bureaucracy All those defined as public servants in Prevention of Corruption Act would be covered. This includes lower bureaucracy. Only Group A officers will be covered. One fails to understand government’s stiff resistance against bringing lower bureaucracy under Lokpal’s ambit. This appears to be an excuse to retain control over CBI because if all public servants are brought under Lokpal’s jurisdiction, government would have no excuse to keep CBI.
Lokayukta The same bill should provide for Lokpal at centre and Lokayuktas in states Only Lokpal at the centre would be created through this Bill. According to Mr Pranab Mukherjee, some of the CMs have objected to providing Lokayuktas through the same Bill. He was reminded that state Information Commissions were also set up under RTI Act through one Act only.
Whistleblower protection Lokpal will be required to provide protection to whistleblowers, witnesses and victims of corruption No mention in this law. According to govt, protection for whistleblowers is being provided through a separate law. But that law is so bad that it has been badly trashed by standing committee of Parliament last month. The committee was headed by Ms Jayanthi Natrajan. In the Jt committee meeting held on 23rd May, it was agreed that Lokpal would be given the duty of providing protection to whistleblowers under the other law and that law would also be discussed and improved in joint committee only. However, it did not happen.
Special benches in HC High Courts will set up special benches to hear appeals in corruption cases to fast track them No such provision. One study shows that it takes 25 years at appellate stage in corruption cases. This ought to be addressed.
CrPC On the basis of past experience on why anti-corruption cases take a long time in courts and why do our agencies lose them, some amendments to CrPC have been suggested to prevent frequent stay orders. Not included
Dismissal of corrupt government servant After completion of investigations, in addition to filing a case in a court for prosecution, a bench of Lokpal will hold open hearings and decide whether to remove the government servant from job. The minister will decide whether to remove a corrupt officer or not. Often, they are beneficiaries of corruption, especially when senior officer are involved. Experience shows that rather than removing corrupt people, ministers have rewarded them. Power of removing corrupt people from jobs should be given to independent Lokpal rather than this being decided by the minister in the same department.
Punishment for corruption 1. Maximum punishment is ten years 2. Higher punishment if rank of accused is higher3. Higher fines if accused are business entities4. If successfully convicted, a business entity should be blacklisted from future contracts. None of these accepted. Only maximum punishment raised to 10 years.
Financial independence Lokpal 11 members collectively will decide how much budget do they need Finance ministry will decide the quantum of budget This seriously compromises with the financial independence of Lokpal
Prevent further loss Lokpal will have a duty to take steps to prevent corruption in any ongoing activity, if brought to his notice. If need be, Lokpal will obtain orders from High Court. No such duties and powers of Lokpal 2G is believed to have come to knowledge while the process was going on. Shouldn’t some agency have a duty to take steps to stop further corruption rather than just punish people later?
Tap phones Lokpal bench will grant permission to do so Home Secretary would grant permission. Home Secretary is under the control of precisely those who would be under scanner. It would kill investigations.
Delegation of powers Lokpal members will only hear cases against senior officers and politicians or cases involving huge amounts. Rest of the work will be done by officers working under Lokpal All work will be done by 11 members of Lokpal. Practically no delegation. This is a sure way to kill Lokpal. The members will not be able to handle all cases. Within no time, they would be overwhelmed.
NGOs Only government funded NGOs covered All NGOs, big or small, are covered. A method to arm twist NGOs
False, Frivolous and vexatious complaints No imprisonment. Only fines on complainants. Lokpal would decide whether a complaint is frivolous or vexatious or false. Two to five years of imprisonment and fine. The accused can file complaint against complainant in a court. Interestingly, prosecutor and all expenses of this case will be provided by the government to the accused. The complainant will also have to pay a compensation to the accused. This will give a handle to every accused to browbeat complainants. Often corrupt people are rich. They will file cases against complainants and no one will dare file any complaint. Interestingly, minimum punishment for corruption is six months but for filing false complaint is two years.

(Source: ‘India against corruption’)

Top ten myths about introverts

Myth #1 – Introverts don’t like to talk.
This is not true. Introverts just don’t talk unless they have something to say. They hate small talk. Get an introvert talking about something they are interested in, and they won’t shut up for days.

Myth #2 – Introverts are shy.
Shyness has nothing to do with being an Introvert. Introverts are not necessarily afraid of people. What they need is a reason to interact. They don’t interact for the sake of interacting. If you want to talk to an Introvert, just start talking. Don’t worry about being polite.

Myth #3 – Introverts are rude.
Introverts often don’t see a reason for beating around the bush with social pleasantries. They want everyone to just be real and honest. Unfortunately, this is not acceptable in most settings, so Introverts can feel a lot of pressure to fit in, which they find exhausting.

Myth #4 – Introverts don’t like people.
On the contrary, Introverts intensely value the few friends they have. They can count their close friends on one hand. If you are lucky enough for an introvert to consider you a friend, you probably have a loyal ally for life. Once you have earned their respect as being a person of substance, you’re in.

Myth #5 – Introverts don’t like to go out in public.
Nonsense. Introverts just don’t like to go out in public FOR AS LONG. They also like to avoid the complications that are involved in public activities. They take in data and experiences very quickly, and as a result, don’t need to be there for long to “get it.” They’re ready to go home, recharge, and process it all. In fact, recharging is absolutely crucial for Introverts.

Myth #6 – Introverts always want to be alone.
Introverts are perfectly comfortable with their own thoughts. They think a lot. They daydream. They like to have problems to work on, puzzles to solve. But they can also get incredibly lonely if they don’t have anyone to share their discoveries with. They crave an authentic and sincere connection with ONE PERSON at a time.

Myth #7 – Introverts are weird.
Introverts are often individualists. They don’t follow the crowd. They’d prefer to be valued for their novel ways of living. They think for themselves and because of that, they often challenge the norm. They don’t make most decisions based on what is popular or trendy.

Myth #8 – Introverts are aloof nerds.
Introverts are people who primarily look inward, paying close attention to their thoughts and emotions. It’s not that they are incapable of paying attention to what is going on around them, it’s just that their inner world is much more stimulating and rewarding to them.

Myth #9 – Introverts don’t know how to relax and have fun.
Introverts typically relax at home or in nature, not in busy public places. Introverts are not thrill seekers and adrenaline junkies. If there is too much talking and noise going on, they shut down. Their brains are too sensitive to the neurotransmitter called Dopamine. Introverts and Extroverts have different dominant neuro-pathways. Just look it up.

Myth #10 – Introverts can fix themselves and become Extroverts.
Introverts cannot “fix themselves” and deserve respect for their natural temperament and contributions to the human race. In fact, one study (Silverman, 1986) showed that the percentage of Introverts increases with IQ.

(Source: carlkingcreative.com)

Why Positive Thinking Is Bad For You

 

Positive thinking is so firmly enshrined in our culture that knocking it is a little like attacking motherhood or apple pie. Many persons swear by positive thinking and quite a few have been helped by it. Nevertheless, it is not a very effective tool and can be downright harmful in some cases. There are much better ways to get the benefits that positive thinking allegedly provides.Perhaps the statement that best exemplifies positive thinking is “When life hands you a lemon, make lemonade.” It seems so self-evident that this is a good thing that we never question the wisdom of the adage. But it does not take a whole lot of digging to unearth the flaws in this reasoning.

First, did fate really hand you a lemon or was this merely your initial, unthinking response? Second, is a lemon really a bad thing, something that you would rather not have, but now that you do have it you will somehow salvage something by making lemonade? Finally, it is quite stressful to be handed a lemon until such time as you figure out how to make lemonade. Do you really have to go through this phase?

No matter what happens to us in life we tend to think of it as “good” or “bad”. And most of us tend to use the “bad” label three to ten times as often as the “good” label. And when we say something is bad, the odds grow overwhelming that we will experience it as such. And that is when we need positive thinking. We have been given something bad, a real lemon, and we better scramble and make some lemonade out of it and salvage something out of this “bad” situation.

How tiring and tiresome!

Now think back on your own life. Can you recall instances of something that you initially thought was a bad thing that turned out to be not so bad after all or perhaps even a spectacularly good thing? Like the time you just missed a train and had to wait a whole hour for the next one and it was horrible except that your neighbor also missed it so you talked for the first time and a beautiful friendship developed. You will find many instances in your life, some of them very significant such as the job you desperately wanted but didn’t get only to find that a much better one came by and you would not have been able to accept it if not for the earlier rejection.

Now lets propose something radical and revolutionary. Lets propose that, no matter what happens to you, you do not stick a bad thing label on it. No matter what. You are fired from your job…your mortgage lender sends you a foreclosure notice . . . your spouse files for divorce . . . or whatever. This seems so far-fetched as to be laughable. Of course these are horrible tragedies and terrible things to happen. Or are they? Is it possible, just possible, that you have been conditioned to think of these happenings as unspeakable tragedies and hence experience them as such?

Viktor Frankl in his book Man’s Search for Meaning narrates the tale of the beautiful girl of privilege who was grateful to be in a concentration camp because she was able to connect with a spiritual side of her that she never knew existed. Observations like this led Frankl into his life’s work of determining why, when faced with extreme adversity, some persons positively flourish while others disintegrate.

Many who rise so triumphantly never label what they go through as bad and lament over it. They simply take it as a given as if they were a civil engineer surveying the landscape through which a road is to be built. In this view, a swamp is not a bad thing. It is merely something that has to be addressed in the construction plan.

And if you never label something as bad, then you don’t need positive thinking and all of the stress associated with getting something bad and experiencing it as such till you figure out how to make lemonade out of it simply goes away.

That is the huge pebble in the positive thinking shoe. “This is bad. Really bad. It’s a lemon. But somehow I will make some lemonade out of it and then perhaps it won’t be so bad.” First you think its bad and then you think you will somehow make it less bad and there is a strong undercurrent that you are playing games and kidding yourself. Some people succeed. Many don’t. And those who don’t are devastated that the model they were trying so hard to build caved in on them. That’s why positive thinking can sometimes be harmful.

Can you actually go through life without labeling what happens to you as good or bad? Sure you can. You have to train yourself to do this. You have been conditioned to think of things as bad or good. You can de-condition yourself. It is neither easy nor fast but it is possible.

Lets say you break your leg. There is stuff you have to do like go to an orthopedist and get it set and go to therapy when the cast comes off. But all the rest of the stuff you pick up “Why did this have to happen to me? Bad things always come my way. I am in such pain. Who will hold the world up now that I am disabled?” is simply baggage. You don’t have to pick up this load and the only reason you do is because you were never told that you didn’t have to.

I am telling you now. Don’t pick up that useless burden. Don’t label what happens to you as bad. Then you won’t need positive thinking and much of the stress in your life will simply disappear. Poof! Just like that.

© 2010 Srikumar Rao, author of Happiness at Work: Be Resilient, Motivated, and Successful — No Matter What

Author Bio
Srikumar S. Rao is the author of Happiness at Work: Be Resilient, Motivated, and Successful — No Matter What (Published by McGraw-Hill). He conceived “Creativity and Personal Mastery,” the pioneering course that was among the most popular and highest rated at many of the world’s top business schools. It remains the only such course to have its own alumni association. His work has been covered by major media including the New York Times, the Wall Street Journal, the Financial Times, Time, Fortune, BusinessWeek, the London Times, the Guardian and the Daily Telegraph. CNN, PBS, and Voice of America, and dozens of radio and TV stations have interviewed him.