“Lokpal”的意思、由来-开放百科全书

A Lokpal ({{lang-sa|लोकपाल}} lokapāla, "caretaker of people") is an anti-corruption authority or body of ombudsmen who represents the public interest in the Republic of India. The current Chairperson of Lokpal is Pinaki Chandra Ghose. The Lokpal has jurisdiction over central government to inquire into allegations of corruption against its

public functionaries and for matters connected to corruption. The Lokpal and Lokayuktas Act was passed in 2013 with amendments in parliament, following the Jan Lokpal movement led by Anna Hazare in 2011. The Lokpal is responsible for enquiring into corruption charges at the national level while the Lokayukta performs the same function at the state level.l.

As of March 2019, and ever since the related Act of Parliament was passed in India. Retired Supreme Court judge Pinaki Chandra Ghose is appointed as the first Lokpal of India by a committee consisting of Prime Minister Narendra Modi and Chief Justice of India Ranjan Gogoi and Loksabha speaker Sumitra Mahajan on 23 march 2019 wheareas the members are appointed w.e.f 27th March 2019. It comprises of a chair person and 8 members where 4 members (50%) are judicial members who is or has been a Judge of the Supreme Court or a Chief Justice of a High Court while other 4 members (50%) are non-judicial members are people of impeccable integrity and outstanding ability having special knowledge & expertise of not less

than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance & banking, law & management

History

The term "Lokpal" was coined by Dr. L.M.Singhvi in 1963. The concept of a constitutional ombudsman was first proposed in parliament by Law Minister Ashoke Kumar Sen in the early 1960s. The first Jan Lokpal Bill was proposed by Adv Shanti Bhushan ^[4] in 1968 and passed in the 4th Lok Sabha in 1969, but did not pass through the Rajya Sabha.^[5] Subsequently, 'lokpal bills' were introduced in 1971, 1977, 1985, again by Ashoke Kumar Sen, while serving as Law Minister in the Rajiv Gandhi cabinet, and again in 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were never passed.^[6] Forty five years after its first introduction and after ten failed attempts, the Lokpal Bill was finally enacted in India on 18 December 2013.

The Lokpal Bill provides for the filing, with the ombudsman, of complaints of corruption against the prime minister, other ministers, and MPs. The first Administrative Reforms Commission (ARC) recommended the enacting of the Office of a Lokpal, convinced that such an institution was justified, not only for removing the sense of injustice from the minds of citizens, but also to instill public confidence in the efficiency of the administrative machinery.

Following this, the Lokpal Bill was, for the first time, presented during the fourth Lok Sabha in 1968, and was passed there in 1969. However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, and thus the bill was not passed.

The bill was revived several times in subsequent years, including in 2011. Each time, after the bill was introduced to the House, it was referred to a committee for improvements, to a joint committee of parliament, or to a departmental standing committee of the Home Ministry. Before the government could take a final stand on the issue, the house was dissolved again. Several conspicuous flaws were found in the 2008 draft of the Lokpal Bill. The basic idea of a lokpal is borrowed from the Office of the Ombudsman, which has the Administrative Reforms Committee of a lokpal at the Centre,{{clarify|date=July 2012}} and lokayukta(s) in the states.

Jan Lokpal Bill movement

Jan Lokpal Bill (Citizen's Ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists, seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within one year and conduct trials for the case within the next year.

Drafted by Justice Santosh Hegde (a former Supreme Court Judge and former Lokayukta of Karnataka), Prashant Bhushan (a Supreme Court Lawyer) and Arvind Kejriwal (a RTI activist), the draft Bill envisaged a system in which a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth confiscated. It also sought power for the Jan Lokpal to prosecute politicians and bureaucrats without requiring government permission.

Retired IPS officer Kiran Bedi and others, like Anna Hazare, Swami Agnivesh, Sri Sri Ravi Shankar, and Mallika Sarabhai are also members of the movement, called India Against Corruption. Its website describes the movement as "an expression of collective anger of people of India against corruption." It goes on to state: "We have all come together to force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption."

Anna Hazare, an anti-corruption crusader, began a fast-unto-death, demanding that this bill, drafted by Civil Society, be adopted. The website of the India Against Corruption movement calls the Lokpal Bill of the government an "eyewash", and hosts a critique of that government bill. It also lists the difference between the bills drafted by the government and civil

Features of the Jan Lokpal Bill

Powers of the Lokpal

The Lokpal has jurisdiction to inquire into allegations of corruption against anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as officials of the Union government under Groups A, B, C and D. Also covered are chairpersons, members, officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament or wholly or partly funded by the Union or State government. It also covers any society or trust or body that receives foreign contribution above ₹10 lakh (approx. US$ 14,300/- as of 2019).^[8]

The Lokpal, however, cannot inquire into any corruption charge against the Prime Minister if the allegations are related to international relations, external and internal security, public order, atomic energy and space, unless a full Bench of the Lokpal, consisting of its chair and all members, considers the initiation of a probe, and at least two-thirds of the members approve it. Such a hearing should be held in camera, and if the complaint is dismissed, the records shall not be published or made available to anyone.^[9]

A complaint under the Lokpal Act should be in the prescribed form and must pertain to an offence under the Prevention of Corruption Act against a public servant. There is no restriction on who can make such a complaint. When a complaint is received, the Lokpal may order a preliminary inquiry by its Inquiry Wing, or refer it for investigation by any agency, including the CBI, if there is a prima facie case. Before the ordering of an investigation by the agency, the Lokpal shall call for an explanation from the public servant to determine whether a prima facie case exists. This provision, the Act says, will not interfere with any search and seizure that may be undertaken by the investigating agency. The Lokpal, with respect to Central government servants, may refer the complaints to the Central Vigilance Commission (CVC). The CVC will send a report to the Lokpal regarding officials falling under Groups A and B; and proceed as per the CVC Act against those in Groups C and D.^[10]

The Inquiry Wing or any other agency will have to complete its preliminary inquiry and submit a report to the Lokpal within 60 days. It has to seek comments from both the public servant and “the competent authority,” before submitting its report. There will be a ‘competent authority’ for each category of public servant. For instance, for the Prime Minister, it is the Lok Sabha, and for other Ministers, it will be the Prime Minister. And for department officials, it will be the Minister concerned.^[11]

A Lokpal Bench consisting of no less than three members shall consider the preliminary inquiry report, and after giving an opportunity to the public servant accused of corruption for his/her defence, decide whether it should proceed with the investigation. It can order a full investigation, or initiate departmental proceedings or close the proceedings. It may also proceed against the complainant if the allegation is false. The preliminary inquiry should normally be completed within 90 days of receipt of the complaint.^[12]

After the investigation, the agency ordered to conduct the probe has to file its investigation report in the court of appropriate jurisdiction, and a copy of the report has to be filed before the Lokpal. A Bench of at least three members will consider the report and may grant sanction to the Prosecution Wing to proceed against the public servant based on the agency’s chargesheet. It may also ask the competent authority to take departmental action or direct the closure of the report. Previously, the authority vested with the power to appoint or dismiss a public servant was the one to grant sanction under Section 197 of the Code of Criminal Procedure and Section 19 of the Prevention of Corruption Act. Now this power will be exercised by the Lokpal, a judicial body. In any case, the Lokpal will have to seek the comments of the ‘competent authority’ as well as the public servant’s comments before granting such sanction.^[13]

The Lokpal will have a Secretary, who will be appointed by the Lokpal Chairperson from a panel of names prepared by the Union government. The Secretary will be of the rank of Secretary to the Government of India. The Lokpal will have to appoint an Inquiry Wing, headed by a Director of Inquiry, and a Prosecution Wing, headed by a Director of Prosecution. Until these officers are appointed, the government will have to make available officers and staff from its Ministries and Departments to conduct preliminary inquiries and pursue prosecution. The institution will also have to appoint other officers and staff.^[14]

Public servants will have to declare their assets and liabilities in a prescribed form. If any asset(s) found in their possession is/are not declared, or if misleading information about these are furnished, it may lead to an inference that assets were acquired by corrupt means. For public servants under the State governments, the States have to set up Lokayuktas to deal with charges against their own officials.^[15]

Fundamental duties

Anna Hazare, a Gandhian rights activist, had started a fast unto death at Jantar Mantar in New Delhi demanding the passing of the bill. Hazare called off his hunger strike on 9 April 2011, bringing to an end his 98-hour protest after the government issued a gazette notification constituting a 10-member Joint Committee of government ministers and civil society activists, including him, to draft a bill for the creation of an effective Lokpal. Thousands of people from all over India, especially youth, supported Anna Hazare's cause by attending candle lit marches and conducting online campaigns through social media.

Recently yoga guru, Swami R, fasted for this cause for 9 days from 4 to 12 June 2011. He wanted the Government of India to accept various demands, which mainly included those related to the Lokpall Bill.

Anna Hazare on 8 June 2011, declared that he would again fast unto death on 16 August, if the Lokpal bill were not passed by the Parliament of India by 15 August, which is the Independence Day of India.^[16]

On 16 June, Civil Society reported that only 15 points, of 71, that they recommended have been agreed to by the Joint Committee consisting of five central ministers. Following differences with the Civil Society, the team of five central ministers decided to forward two drafts of the Lokpal Bill to the Cabinet, one from each side. Anticipating some sort of police action against his fast, intended for 16 August, social activist Anna Hazare said he would ask the Supreme Court to prevent any situation similar to the police crackdown on Baba Ramdev and his supporters at Ramlila Maidan.

"The government said, ‘we will suppress the agitation of Anna Hazare as had been done in the case of Ramdev’. Is this democracy or autocracy? You cannot suppress.... That is why we will go to the Supreme Court tomorrow," Hazare told reporters, adding "the Constitution has given right to every citizen to lodge a protest. We will launch the agitation from August 16."^[17]

On 27 December 2011, the Lokpal bill was passed by the Lok Sabha after a day-long debate and amendments. The Indian Army, the Indian Air Force and the Indian Navy have been kept out of the jurisdiction of the Lokpal. The bill also keeps the CBI independent.

The Lokpal and Lokayuktas Act, 2013

The historic Lokpal and Lokayuktas Act, 2013 was passed by Indian Parliament paving the way for establishment of a Lokpal (Ombudsman) to fight corruption in public offices and ensure accountability on the part of public officials, including the Prime Minister, but with some safeguards.

Lokpal will consist of a chairperson and a maximum of eight members, of which 50% will be judicial members 50% members of Lokpal shall be from SC/ST/OBCs, minorities and women. Selection of chairperson and members of Lokpal through a selection committee consisting of PM, Speaker of Lok Sabha, leader of opposition in Lok Sabha, Chief Justice of India or a sitting Supreme Court judge nominated by CJI. Eminent jurist to be nominated by President of India on basis of recommendations of the first four members of the selection committee "through consensus". Lokpal's jurisdiction will cover all categories of public servants. All entities (NGOs) receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are under the jurisdiction of Lokpal. Centre will send Lokpal bill to states as a model bill. States have to set up Lokayuktas through a state law within 365 days.

On May 15th 2018, Mukul Rohtagi (Former Attorney General of India) has been appointed as an eminent jurist in the selection panel of Lokpal.

List of Chairpersons of Lokpal Committee