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This is an archive article published on August 17, 2011

The Lokpal alternative

The National Campaign for Peoples Right to Information has suggested multiple organs to address corruption.

The National Campaign for Peoples Right to Information has suggested multiple organs to address corruption,an approach different from the Jan Lokpal proposal as well as the Governments bill. The NCPRI wish-list:

1 Enacting a legislation for the setting up of Lokpal/ Lokayukta Anti-Corruption Lokpals (Rashtriya/Rajya Bhrashtachar Nivaran Lokpal) at the Centre and in each of the states,that would receive,investigate and ensure effective prosecution of complaints about corruption relating to all elected representatives,including the Prime Minister,Chief Ministers,Central and state ministers,MPs,MLAs,MLCs,elected councillors,etc,and all class-A officers,and to prosecute those against whom sufficient evidence is found. They would also have the power to investigate and prosecute any other person who is a co-accused in any of the cases being investigated or prosecuted by the Lokpal.

2 Amending the Judicial Accountability and Standards Bill,currently before Parliament,to ensure that the judiciary is also made effectively and appropriately accountable,without compromising its independence from the executive or the integrity of its functions.

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3 Drafting an act that provides for the setting up and functioning of Public Grievances Lokpal (Shikayat Nivaran Lokpal) at the Centre and in each of the states. These commissions would have powers to ensure that detailed citizens charters and norms of functioning are prepared for each public authority. They would also ensure that other entitlements and rights are codified,and that the obligations of each public authority are fulfilled. The grievance redress commissions would have decentralized institutional mechanisms going right down to each ward/block level,and would ensure a bottoms up people centric approach so that complaints and grievances could be dealt with speedily and in a decentralised,participatory and transparent manner. The functioning of the grievance redress processes could be linked to the RTI Act and also to recent,time-bound,service delivery laws providing for the imposition of penalty on officials who do not meet the prescribed time frames for providing services to the public. The experience of the Delhi Grievance Redress Commission could also be instructive.

4 Strengthening the institution of the CVC and bringing under its purview all officers not covered under Lokpal Bill. Towards that end,providing the institution with adequate investigative and prosecution powers and resources. Creating similar,independent,State Vigilance Commissions for each of the states,and also strengthening departmental inquiry procedures.

5 An effective legislation to protect whistleblowers will be enacted. In addition,each of these institutions would also have provisions for protecting whistleblowers and their identity.

Each of these institutions and authorities will function transparently and will have to be accountable to the public for their actions (and inactions) through strong and effective accountability measures. An option that can be considered is that only one law be enacted that would contain all these proposed institutions and measures. However,the institutions must be separate and independent of each other.

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