Jan Lokpal Bill: Singapore Has One So Why Shouldn’t We!

There are few fights in the world where the two opposing factions can be this easily labeled as white or black, right or wrong, good or evil.  The fight for the Jan Lokpal Bill is one such rare example. Firstly, its objective is noble. It seeks to curb corruption in the Indian society. Secondly, the movement is unquestionable. It is not politically motivated. It is not going to bring the BJP or any other dubious party to power. It is a revolution led by an honest man and supported by the youth. Thirdly, the proposed Jan Lokpal Bill is based on proven measures for tackling corruption. As I will demonstrate in this post, the proposed Jan Lokpal Bill is strikingly similar to the laws of Singapore (the least corrupt nation of the world according to Transparency International)^[1]. This information alone should suffice in putting an end to any dubious argument against the provisions of the bill.
The Singapore Experience
For a nation genuinely seeking to reduce corruption, there can be few better examples to follow that that of Singapore. In 2010, Singapore, along with Denmark and New Zealand, was ranked by Transparency International as the least corrupt nation in the world^[1]. Singapore achieved this position with several synergistic measures (Read: “ Eradicating Corruption-The Singapore Experience^[2]“, by Mr. Muhammed Ali, Acting Assistant Director in 2000 of the Corrupt Practices Investigation Bureau – CPIB). One among these measures was the establishment of the CPIB for investigating corruption related complaints.
It is interesting to note here that the powers granted to the Lokpal under the proposed bill are very similar to those granted to the CPIB under the Singapore law. In the table below, I have compared the proposed version of the Jan Lokpal Bill with the provisions of Singapore’s Anti Corruption Law. I have taken pains to ensure that the sources of my information are absolutely genuine. I have hyperlinked all my sources so that the reader can verify the authenticity of the information.
A Comparision of the proposed Jan Lokpal Bill & Singapore’s Anti-Corruption Law

Proposed Jan Lokpal Bill	Singapore’s Anti Corruption Law
The Lokpal will be completely independent of the government. No minister or bureaucrat will be able to influence their investigations [3]	CPIB’s independence of action was more or less guaranteed constitutionally[4]. It reports directly to the PM’s office.
The loss that a corrupt person causes to the government will be recovered at the time of conviction [3]	Besides fine and imprisonment, the person convicted of corruption offence will be ordered by the court to return the amount of bribe, which he had accepted in the form of a penalty.[2]
The Lokpal can receive complaints from the public [3]	Here is an online form that Singapore citizens can use to file a complaint [5]
Deterrence has been provided against frivolous complaints in the form of financial penalties against the complainant [6]	The CPIB has punished those who have tried to take undue advantage of this law. [7]
Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician [3]	The CPIB has complete police powers. It has the power to arrest, investigate and search. Search can also be performed without warrant, if necessary. [8]
It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption [3]	The law guarantees protection of identity to the person reporting the offense [9]
Enhanced punishment – The punishment would be minimum 5 years and maximum of life imprisonment. [10]	The Singapore courts have in the past sentenced corrupt officers investigated by the CPIB to 14 years of imprisonment. [11]
Its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process [3]	Here the Singapore law differs in application but not on intent. The appointments to the CPIB [12] are made by the President of Singapore who is directly elected [13] by the people, thus reducing the ability of politicians and bureaucrats to influence the selection process.
Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years [3]	Here the Jan Lokpal Bill deviates slightly. However, given that the CPIB manages to clear 98% of its cases within 90 days, this does not appear to a highly unreasonable clause. [14]

So Why Is The Government Fighting The Bill?
This analysis brings us to the main point. If the Jan Lokpal Bill appears to be a no-brainer, why is the government fighting it? The government’s proposed version aims to make the Lokpal a toothless body which can work only in an advisory capacity (no police powers) and which can investigate only those complaints forwarded to it by the speaker of the Lok Sabha or the Chairman of the Rajya Sabha (no complaints can be received from the public).^[15]
The answer to this question is simple. Power. An independent, powerful Lokpal will deprive Indian politicians of their primary source of livelihood – the misuse of power for personal gain. The specter of a strong body with prosecution powers haunts them because they fear accountability.
The Way Forward
Given the lack of strong political leadership, it is unlikely that the government is going to put in serious efforts to pass a bill that greatly diminishes its own power. The passage of this bill appears unlikely without a strong people’s movement.
So far, the movement appears to have made an impact. The government has agreed to the demands of 50% representation of civil society activists on the drafting committee for the Jan Lokpal Bill ^[16]. But, the real test lies ahead. As time passes, the movement will lose steam. The politicians know it. They know how to buy time. To be passed into a law, the bill needs to be approved by the parliament and it would be no mean task trying to pass a strong anti-corruption bill through a Lok Sabha whose membership includes 150 members with criminal charges against them ^[17].
This is why it is so important that the movement continues till the end – till the day the bill is passed into a law. The movement for the Jan Lokpal Bill is a spotless movement with a noble objective, advocating a proven policy and it is worth every bit of the effort we put in.

source:rajeshgoradia.com

PM appeals to Anna to end his fast; Pranab to lead talks with activists.

Even as Anna Hazare announced that his fast against corruption will continue - the 74-year-old  is now on his eighth day without food - his widely-welcomed movement against corruption seems to be heading into its third act.

In a sign that both Anna's advisors and the government want to find a compromise, activist Arvind Kejriwal met Law Minister Salman Khursheed.  Often described as the hardliner in Anna's team, Mr Kejriwal had regretted this morning that the government had still to invite Team Anna  to a new round of talks.

"Time is running out," said Mr Khursheed. "We need to find a solution fast...and a solution is possible through such talks," he said. 

After the meeting, Mr Kejriwal told reporters that the government has indicated Finance Minister Pranab Mukherjee will lead the negotiations with the activists. Sources in the Congress also say that the party is pressuring Rahul Gandhi to write to Anna. Government sources said that the PM may also send a written appeal to Anna, asking him to end his hunger strike. 

The government's frantic attempts to engage Team Anna is provoked by the frail condition of Anna and by the seemingly inexhaustible supply of goodwill that draws people in unprecedented numbers to his sit-in at Ramlila Maidan in the capital. Appearing on stage this morning  amid reports of his worsening health, "I am fine...I have lost 5.5 kilos but my fight continues." (Who is Anna Hazare?)

Anna said he still wants his version of the anti-corruption Lokpal Bill to be passed in Parliament.  Till that happens, he vowed, he will not end his hunger strike.

But his associates indicated subtle new elasticity in their comments today.

Team Anna objects to the government's version of the Lokpal Bill, on the grounds that it provides safe passage to public servants accused of corruption.  The activists who front the India Against Corruption movement have drafted their own version of the Bill.  Two weeks ago, the government ignored Team Anna's bill and introduced its own in Parliament. The activists declared war and delivered on their threat that Anna would start a fast and appeal to Indians to join his demonstration against corruption.

The government had underestimated Anna's appeal in a country confronting massive graft in everyday life and in its political landscape.   While many of the thousands who show up to support Anna don't know how his bill differs from the government's, they say he will help cleanse a system rabid with official improbity.

Anna's health, the fanatical response to him, and the Opposition's support for him has forced the government into a corner from which it's trying to pry its way out.  In the hope of engaging with the Opposition, an all-party meeting has been set for 3.30 tomorrow afternoon. Spiritual guru Sri Sri Ravi Shankar is being used as a channel for negotiations between all three sides - the government, the Opposition and the activists. Sources say the Congress is also pressuring General Secretary Rahul Gandhi to intervene and broker peace with Anna and his associates.

Among Anna's main objections to the government's draft of the Lokpal Bill is that it doesn't apply to the PM, senior judges or junior bureaucrats.  While the government may agree to let the Bill apply to the Prime Minister, the activists say they could be persuaded to accept other pieces of legislation that would tackle corruption among senior judges and junior bureaucrats.

The government's version of the Lokpal Bill has been placed with the Standing Committee of Law and Justice and Personnel - a panel that combines 31 MPs from different parties. Now a Congress MP, Praveen Aron, has tabled Anna's version of the Bill before the same committee. Congress sources say his gesture was encouraged by his party because it allows the Standing Committee to deliberate Anna's Bill as well, or add features from it to the government's version.

NDTV