Petition for Democratic Lokpal Bill to the President of India

(Submitted to the President of India on 9th May 2011,7.40 pm)

 

To,

          Her Exellency Smt. Pratibha Devi Singh Patil,

          The President of India,

          Rashtrapati Bhawan,

          New Delhi – 110001

 

Subject: Petition for calling attention regarding the enclosed bill on Lokpal prepared by political reformers (Translation into English which was submitted on 09th may, 2011).

 

Respected Her Excellency,

I am submitting a calling attention petition before Her Exellency through this letter. I want to draw attention of the government towards the following facts, which are as under:

1. That the role of parliament and legislature is now becoming secondary day by day. Role of the big industrialists and traders is growing through media day by day. The manner with which the government is blackmailed and compelled to issue the notification for introducing the Lokpal Bill is recent example of this conclusion.

2. That, it is decided by the media, rather than the Business Advisory Committee (BAC) as to which subject would be debated in the parliament. Consequently the parliament has now ceased to be a forum of discussion for real solutions on the real problems of the people. The debate on our plan for birth economic rights of the voters and for inclusive growth has been constantly postponed since 2006. On the contrary the media has been making the parliament to debate on the subjects which are more important for a few media owners and much less important for the people, making mountains out of mole hills.

 

3. The industrialists and traders of our country and abroad have already declared themselves as one pillar of democracy in the name of media. In this situaton, a code of conduct should be imposed on the media, which is already being enforced on the other pillars of democracy. The parliament does not consider the issues which are sub juice in the courts. Likewise the judiciary does not consider the issues which are under consideration of the parliament. Law should be made in order to bring media also in the preview this code of conduct, which could establish that the issues being considered in the media would not be considered in both the parliament and the courts, and media would not comment on the issues being considered in the parliament and in the courts. Such laws will define the jurisdiction of the media; its intervention in the functions of executive, judiciary and legislature will be controlled and responsibility of the media will be determined. Having seen the role played by media in issuing the notification (extra-ordinary gazette, part 1, Section 1, No. 1 (42)/2004 Legislation-1, 8th April, 2011) by the Union Government, it has become obligatory, to enact a law restricting the mutual intervention in jurisdictions.

 

4. To make media responsible to the all sections of the society instead of the only upper strata of society, it has become necessary to enact a new law which ensures representation of scheduled castes/tribes; backward classes, minorities, B.P.L. and A.P.L. Classes in the management and operation of the media.

 

5. That, a law should also be made to give right to the supreme court to cancel such laws, which are enacted by the parliament by blackmailing the government through such illegitimate and undemocratic pressure. This will make misuse of the way impossible in future, by terrorist organizations and foreign financial institutions, which has been used through the medium of media, in issuing notification regarding Lokpal Bill, by the organizations of corporate houses.

 

6. That, the prime minister and the chief justice of the supreme court despite having superb integrity of character cannot prevent corruption on their own strength. As both these authorities become helpless, when the corrupt laws (like laws related to inheritance right and property) itself provoke corruption. That is why the post of Prime minister and justices of the Supreme Court and High Courts should be brought under the purview of some anti-corruption apex power like the Lokpal.

 

7. That, a report was placed on the floor of parliament regarding the Lokpal, prepared by the standing committee of the parliament connected with the home ministry in 2001 (84th report, presented on 26th February 2001 in Lok Sabha and on 7th March in Rajya Sabha). This report suggest inclusion of the P.M. and the justices under the purview of the Lokpal, but does not suggest any method of appointment of the Lokpal which can enhance the democratic value of the post of the Lokpal more than the democratic value of the prime minister’s post. This lacuna was persisting in all the bills which were introduced in the parliament, in 1968, 11971, 1977, 1985, 1989, 1996, 1998, 2001 and 2010. The same lacuna remained in the draft of the Lokpal bill, prepared by the law ministry in 2010. This lacuna is also remained in the draft of the Lokpal bill in the name of Janlokpal, which was submitted by the industrialist organizations of the country and abroad through the pressure of television channels (a bill drafting committee was coercively formed by black mailing the government).

 

8. Lokpal must be an elected post. So that the personal character, political ideology and social behavior of office bearer may become the issue of debate and this office could be protected by any cynical acts and political experiencelessness. This is also necessary for long life of Lokpal office.

 

9. That, a Prime Minister is elected by the peoples’ representatives. Therefore only that authority can supervise the PM, which is elected by even more representatives of the people than the MPs. As the MPs and MLAs already have a right to choose the P.m. & CMs. Hence, the right to elect the Lokpal should be given to the elected Block heads (Block Pramukhs) of the country. Only then, the democratic value of the post of Lokpal can be more than the democratic value of the Prime Minister. There should be provision in the bill so that only that person may be entitled to contest elections for lokpal who are capable for the post of judges of Supreme Court.

 

10. In both the bills proposed in 2010, i.e, the Lokpal bill prepared by the government and Janlokpal bill propagated by media have hoodwinked the crime of bribe givers. The main reason for failure of anti-corruption measures adopted in the past was such partiality. This partiality is being once again repeated. In both the bills there are provisions to encircle the bribe receivers only, in the name of ‘Public Functionary’ and ‘Public Servant’; there is no plan to corner the accused of bribe giving. To make the Lokpal bill free of partiality it should be ensured that the government official would not be punished until the non-government person, who made him corrupt is not identified and punished with the equal punishment.

 

11. There should be a provision of four Vice Lokpals under the Lokpal. The first should work to punish the bribe receivers, the second to punish the industrial houses and industrial organizations, involved in the acts of corruption and the bribe giving. The third would recommend such legislative provisions, international laws and international treaties to constitute international institutions, which can make those international laws and agreements null and void, which protect the corrupt people of the other countries and their ill gained money through corruption. The fourth Vice Lokpal should review such laws and values prevalent in the country. He / She should prepare related laws and values and send them to the government for action to amend the laws which motivate people for corruption.

 

12. An enquiry should be made through a competent commission, as to what were the basic reasons behind the historical activeness shown by media regarding the proposal of Janlokpal in 2011 and its report should be tabled on the floor of parliament.

 

13. In both the drafts of Lokpal bills introduced by the law ministry and propagated by media, no any such process is given how to search the Lokpal , which could make it possible to the finding of a person with some new type of character, so that whose behavior should differ from the persons presently occupying the constitutional posts. Hence, for the Lokpal post, such a person should be searched who is free from the money-desire or allurement of riches and who is free from the special affection to their children. Therefore, the petitioner proposes that the salary and perks of the person occupying the Lokpal post should be nil. Before occupying the post he/she should accept the condition to transfer all his/her personal private property to the consolidated fund of the Indian government.

 

14. That, some unelected people are included in the Lokpal Bill Drafting Committee, saying that they are representatives of the civil society (people). This also means that the ministers included in this committee are not the representatives of the civil society (people). While being elected, it cannot be denied that they are the representatives of the civil society. Money can be spend on the recommendation of elected representatives from the treasury of India, but if unelected people also add some provision in the Lokpal it would their private desire. They should bear themselves the expenditure spends on such works based on their private will. Hence if some institutions like Lokpal would be made on the basis of the private desire; the expenditure of the institution would be charged on the people concerned instead of consolidated fund of India. Then the public money spent on such institution would come under the preview of corruption. It would be kept in the category of misuse of government money. If the expenditure of the private Lokpal of some people would be charged on the people of India, in the coming days the event of misuse of government exchequer would be grow and this situation would be worse than corruption. Hence, the petitioners propose that no any such draft of Lokpal bill should be accepted, in which there is a role of unelected people in its preparation.

 

15. That, the concept of Lokpal had emerged in Sweden in 1809. Today after 200 years the corrupt people are armed with more technical means. Hence, the Ombudsman (Lokpal in Hindi) of 1809 has become an expired medicine. If there is an intention to end corruption through the institution like Lokpal, it is necessary that the procedure of posting of the Lokpal should not be the same which was adopted before 200 years.

 

16. That the countries (Sweden, Austria, Burking faso Denmark, Finland, the Netherland, Poland, Portugal and New Zealand) which have placed the Lokpal of 1809 is providing employment to some persons and this institution has become the medium of industrial houses to govern the government itself. But this institution could not emancipate those countries from the corruption. There has been not occupied any qualitative difference between the countries with the Lokpal and countries without Lokpal.

 

17. That, the bill of the Lokpal introduced by the law ministry and the bill which is been propagated by media- both are prescribing an institution which is just extension of the Supreme Court, or which is just anti-corruption cell of the Supreme Court. Its autonomy is somewhat like the Human Rights Commission. Then why such institution should be called LOKPAL (The nurturer of the people) which will neither be elected by the people nor will be responsible to them, nor will work to ensure to live their lives with dignity? It will not be legitimate to call him/her ‘Lokpal’, if he/she will not be elected by the people, will work against corruption only, will not be providing them ‘economic justice’ for saving the wastage of national money in demonstration effect and consumerism of rich section of society. To call him ‘Lokpal’ would be legitimate if he works as a guardian of the people instead of being an institution only promising to provide jobs for the people in the name of eliminating corruption. Otherwise, this establishment only is legitimate and meaningfully called Supreme Board on Anti-corruption rather than ‘Lokpal’.

 

18. No provision is given in both the bills to reform the root causes in the system and circumstances which are fundamentally responsible for germinating corruption. They exercise to dress the pus keeping the abscess intact. That is why the petitioner needed to submit the new enclosed Democratic Draft the Bill on Lokpal.

 

19. That, the communities living below poverty line (BPL) and above poverty line (APL) are the victims of corruption generated by unjust laws and unjust assumptions and superstitions of the contemporary governance. Both the bills of government and media do not seem concerned for them. Hence, both these bills cannot benefit 80 percent population of the country, affected by the corruption of politico-economic system itself.

 

20. The process of selection of the Lokpal, given in the government bill is meaningless, which is almost incapable to punish any accused of corruption. The process given in the media-propagated bill is impractical, unnecessary and dangerous for national security and for democracy.

 

21. That, the petitioner do not want to give right to question their own democratic and constitutional understanding to the people, by submitting this petition before the Joint Bill Drafting Committee, which has been constituted by immoral and illegitimate method and coercively imposed by black mailing the government. Hence, this petition is being submitted before the Her Excellency herself.

 

PRAYER

 

In the light of facts and analysis mentioned above, petitioners pray to Her Excellency as under:

 

1. The Lokpal bill -2010, introduced by the Ministry of Law and Justice should be rejected.

 

2. The notification (extra-ordinary gazette, part 1, Section 1, No. 1 (42)/2004 Legislation-1. 8th April, 2011) issued through black mailing the government by media should be repealed.

 

3. The process to produce bills, only for appeasement, should be given up, through which the Joint Bill Drafting Committee has been constituted.

 

4. Lokpal institution should be formed definitely but it should become the medium of nurturing the people, of ensuring social security, and it should not become the medium of industrial houses to govern the government itself and clamp economic atrocities of the poor / economic slaves of the country.

 

5. For the work proposed to be taken from the Lokpal, another institution should be created separately which should be called Supreme Board on Anti-corruption.

 

6. The suggestion given in the enclosed Lokpal bill prepared by the petitioner should be considered in formulating the final draft of Lokpal bill.

 

7. That, the provisions of the Lokpal bill – 2010 proposed by the Central Government should be accepted provided that all the provisions of the bill of the government should be considered null and void, which delimit any suggestions of this petition and provisions of the enclosed Democratic Lokpal Bill.

 

8. That, the in the Jan Lokpal Bill – 2011, propagated by the media, which delimit any provision given in this petition and enclosed bill should be deemed null and void, and remaining provisions of the Janlokpal Bill- 2011, propagated by media, should be accepted.

 

9. The petitioner should be invited personally to explain his provisions, in the process of constituting the anti-corruption institution / Lokpal.

 

10. Her Exellency will please inform before due time the petitioner, about the action taken by the office of Her Excellency on this petition.

 

 

(Bharat Gandhi)

 

 

09 May, 2011

New Delhi

 

encl: Supreme Board on Anti-corruption / Lokpal (Establishment) bill-2011

 

 

Democratic Bill on Lokpal

(Submitted to the President of India on 9th May 2011,7.40 pm)

 

 

Bill of 2011 No. ………….

Contents

 

1. Introduction

2. Identification of forces motivating corruption

3. Clauses to eliminate systemic corruption

4. Provisions regarding restriction on black money and false declaration of property

5. Reserve Bank of Voters to secure equal distribution of amount produced by Voters’ Collective Enterprise

6. Consolidated Fund of Voters

7. Provision regarding discipline and punishment of accused of taking bribe

8. Provisions regarding discipline and punishment of bribe givers

9. Appointment of Vice Lokpals and Lokayuktas to control every kind of corruption

10. Fiscal provision for the Lokpal

11. Provision regarding bringing the part of the prime minister under the purview of the Lokpal

12. Power of Elected Lokpal

13. Provision regarding qualification required for occupying the post of Lokpal

14. Provision regarding removal of the Lokpal from the post

 

Statement of objectives and causes

 

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LOKPAL (Constitution) Bill – 2011

Anti-corruption Supreme Council or Anti-corruption Apex Board/ Lokpal (constitution) Bill – 2011

by Bharat Gandhi and other petitioners

 

The bill created with the objective of constituting an institution, capable to perform its functions with the name of Lokpal, to discipline and punish the persons - giving bribe, compelling to give bribe to the public functionary, taking bribe and compelling to take bribe to earn maximum money in minimum enterprise Be enacted as written hereunder by the parliament in the 62nd year of the Indian Republic.

 

Chapter – One
Introduction

 

1. The brief nomenclature of this law will be Anti-corruption Supreme Council or Anti-corruption Apex Board (constitution) / Lokpal (constitution) Act 2011.

 

2. This will be enforced forth with on the date which may be decided by the government by notification in the gazette.

 

3. This will be extended to the entire union of India.

 

4. Definitions-

(A) Voter- in Hindi Matdata, Matkarta or Matdar.

(B) Votership – Cash amount to be obtained regularly by the voters, from the income produced by their collective enterprise and collective property.

(C) Slaves – The common citizens in Majority below and above the poverty line reserved and groomed by various laws for development of elite and for availability of painful and cheap labor and cheaper export.

 

Chapter – two
Identification of forces motivating corruption

 

1. Any behavior of any individual, of any law or of any clause of the constitution, making money earning possible through least labour or without any labour will be deemed as the motivating force of the corruption, which motivates the individual coinciding with human nature.

 

2. The unlimited inheritance right prevalent in the country, rent of various capital like- interest of cash money, rent of buildings, rent of land and machines, value addition of property, gifts, donations, and bribing prevalent in the government and administrative establishments will be deemed as behavior or laws motivating corruption under the above clause-one.

 

3. The government will introduce bills in the parliament from time to time to amend the individual behavior, laws and constitutional provisions in such a way that the money created without human labor or by the power of capital would be distributed equally among all the citizens and prior opportunity would be ended and new opportunity would not be created, for any individual including government staff to earn more and more money without labor or by least labor.

 

Chapter – three
Clauses to eliminate systemic corruption

 

1. By reforming laws of property the ownership of that position of private property should be let remained with the individual which is gained by his own labor.

 

2. All those legal provisions will be given the status of corrupt laws, which give legal status as private property produced and earned by collective enterprise. Such laws will be reformed and that portion of private property will be given the status of collective property of the citizens, which is produced by the collective efforts but posses into private hands due the corrupt laws.

 

3. Laws like inheritance will be amended which give psychological encouragement to people to do corruption and give them opportunity to secure for and transfer the amount gained by corruption to the next generation.

 

4. The government resorting to the clause-2 and 3 of this law, will assess the share of capital in GDP and deeming it as a category of collective money and collective property, will take all steps required to distribute it regularly in the form of Votership among all the voters in cash, so that the money created by capital should not be obtained only by the capital-holders by corrupt laws and without any labour but should be distributed among all adults citizens.

 

5. As it would be harmful for the political democracy to abandon the election system to constitute the Lok Sabha and seize right of public of forming organization. Without doing this, it would not be possible to give severe punishment against the corrupt behavior of the government staff. Hence, the government would identify those ministries and departments of which have a substitute present in the market, so that every citizen, having purchasing power would buy those services from the market. The government will close ministries and departments and the expenditure incurred on them would be given away by adding in the amount of Votership.

 

6. After enforcement of clause 5 and 6. Some people may be identified as getting the amount of corrupt money under the clauses 2 and 3 mentioned above. Hence, it would be obligatory for all citizens to declare the value of their property through self-declaration system and paying property tax should be obligatory as per the contemporary interest rate.

 

7. There should be a fundamental right of every citizen on half of the average property of the nation. By adopting the trusteeship principle of Mahatama Gandhi, the individual owning more than average property should be declared as the tenants of the property and it should be obligatory on them to pay the rent to those who are having property less than the average. The government must enact a law to carry this rent to the bank accounts of the citizens in the name of Votership.

 

8. An act should be formulated to give salary and allowance from the consolidated fund of India to those persons, working for political, social and constitutional reforms, through political parties and other organizations so that the social-political worker would be enabled to work for the entire society instead of the rich only. This will remove the corrupt economic system existing for political and social works and will install a virtuous system in place of existing one.

 

Chapter – four
Provisions regarding restriction on black money and false declaration of property

 

9. There will be a legal measure to bring the concerned documents of income tax returns also under the purview of the Right to information.

10. The government has the right to acquire property by giving 20% more than the self-declared value of property of any individual or institution. This right to acquire the property should be given by a new law also to the private individuals and institutions, so that people will afraid of false declaration of property.

 

11. Chairman of the Council / Lokpal should have right to order to individual or to the institution, declaring their property to let it be acquired by any persons or institution, which had deposited the 20% excessive amount in the account of the property-owner and applied for possession before the office of the Lokpal. This provision will create a dread to do corruption in the declaration of property to the income tax department and the black money will be checked.

 

12. Any person can transfer only that property of which the market value is informed through a public affidavit in every fiscal year, prior since five years at the minimum, with the condition, if any other person or institution would deposit 20% excessive amount in his private account the ownership of the same property will be deemed automatically transferred in the name of such depositor.

 

13. If the ownership of the property of first party, under the article mentioned above is transferred into the hands of second party, but the old owner i.e. first party now wish to continue the ownership, he /she would have to deposit minimum 20% excessive amount in the account of second party, than the value given by the second party.

 

14. If a person or institution not using a property and intending that nobody else could use it and such person or institution declares the exaggerated value of his property to safeguard its ownership, it will be obligatory in the affidavit submitted by the owner of the property to deposit the tax in the treasury of Union government to be distributed among the voters in the form of Votership at the contemporary interest rate.

 

Chapter – five
Reserve Bank of Voters to secure equal distribution of amount produced by Voters’ Collective Enterprise

 

15. A Reserve Bank of voters will be established parallel to the Reserve Bank of India in order to ensure the transparent distribution of amount of Votership and to achieve the objective of reorganizing exchange policy of the government in accordance with the personal economic will of the voters’.

 

16. The rights and duties of the Reserve Bank of the Voters’ will be the equivalent to Reserve Bank of India.

17. The Reserve Bank of the Voters’ will be able to prevent any step of the Reserve Bank of India which can harm the private economic interests of the voters’.

 

18. Expenditure on the Reserve Bank of the Voters’ will be charged on the consolidated fund of India.

 

19. Reserve Bank of the Voters’ will be entitled to issue some currency notes in the private economic interests of voters’.

 

20. Only the Lok Sabha will have the right to form laws for the Reserve Bank of the Voters’. Such bills will not require the consent of President and of Rajya Sabha; so that this bank would not be diverted from its basic objective of the personal guardianship of the citizens.

 

Chapter – Six
Consolidated Fund of Voters

 

21. There will be a consolidated fund of voters, parallel to the consolidated fund of India, which will be collected as the collective money by imposing tax on people having property excessive than average.

 

22. The regular payment of Votership will be done from the consolidated fund of voters.

 

23. The consolidated fund of voters will be collected by the Indian government on behalf of the voters, which will be spent by the voters according to their personal will.

 

Chapter – Seven
Provision regarding discipline and punishment of accused of taking bribe

 

24. Lokpal have power to register the complaint regarding corruption against any staff, officer and minister even the Prime Minister.

 

25. He will enquire into the complaint as per rules given in this act.

 

26. As far as possible such inquiry will not be affected by any authority of the executive, legislature and judiciary of India, by any political and non-political organization of the country or abroad and by any other authority like by any firm or by any company. If Lokpal feels that such influence is being made he would introduce a competent bill before the parliament to make the attempt null and void. Such bill will have the status of law being passed by two third majorities.

 

27. If the Lokpal legitimately wants that the punishment fixed by the Indian penal Code should be made more severe, he will be entitled to recommend the required amendments in law / laws to the Ministry of Law and Justice.

 

28. There are always two sides in the affairs of bribe. Both should be equally held guilty. Hence, the bribe taker would not be punished until the bribe giver is identified.

 

Chapter – Eight
Provisions regarding discipline and punishment of bribe givers

 

29. The crime of person compelling for taking bribe will be deemed equal to the crime committed by the bribe taker. Hence, he/she will also be punished by same punishment which has been given to the bribe taker in the concerned affair.

 

30. The individual being compelled to give bribe would not commit the crime of giving bribe. Instead he would lodge a complaint against the person compelling him to give bribe in the Lokpal office. If he gives the bribe in the name of getting his work done, he would also be equally punished as the bribe taker in the concerned case.

 

31. The government functionary at the lower level of governance and administration mostly compel the non-government persons to give bribe. On the contrary on the higher ranks private persons compel to accept bribe to the government functionaries. These events are taking place due to the absence of any economy for politics. Hence, a private person or body get acquitted from punishment by making appeal to prove his helplessness. But such right of appeal could not be enjoyed by the bribe taker in the cases of corruption incurred on the higher ranks.

 

Chapter – Nine
Appointment of Vice Lokpals and Lokayuktas to control every kind of corruption

 

32. The Lokpal will appoint 4 Vice Lokpals under him in order to control every type of corruption and to prevent the possibility of intervention by any person or institution in the smooth functioning of the office of Lokpal.

 

a) The first Vice Lokpal will work to enquire into the charges of corruption put on government functionaries will prevent intervention in the function of Lokpal and to disciple and punish the bribe takers. He will be called Vice lokpal- Political and Administrative Affairs (cases).

b) The Second Vice Lokpal will work to restrict from intervention in the enquiry and punish to bribe givers and to those income tax payers, who will be above than the line of richnesss defined by the parliament. He will work to discipline and punish the big industrial houses and industrial organizations in the cases of involvement in corruption deeds. He will be called Vice Lokpal - Economic Affairs.

c) The third Vice Lokpal will work to discipline and punish industrialists and traders; political, cultural and financial institution; the leaders and officers keeping relations and getting protection with foreign agencies which are involved in the deeds of corruption. This Vice Lokpal will recommend such legislative provisions to constitute competent international institutions which can make those international laws and agreements defunct which protect the corrupt people of the other countries and the amount gained by them through corruption. He will be called Vice Lokpal - Foreign Affairs.

d) The fourth Lokpal will review those laws of the state and values of the society prevalent in the country and will suggest amendments therein to the government for action, which are motivating people for corruption.

 

33. Every Vice Lokpal will appoint two Lokayuktas each, under them which will be called Central Lokayukt.

 

Chapter – Ten
Fiscal provision for the Lokpal

 

34. As any institution and person is most likely to be influenced by such institution and person from which they get money for their expenditure. If the Lokpal receives money from the consolidated fund of India, he is likely to be influenced by the Indian government. If he receives money from the richest class, they will use the Lokpal for their private interests for success of their acts of corruption. Hence, to make financial provision for the Lokpal a new fund, parallel to the consolidated fund of India will be created which will be called ‘Lok Nidhi ‘ or Peoples Fund.

 

35. Lok Nidhi (Peoples Fund) will be levied as a portion of that income which will be send by the Indian government to the personal accounts of the adult citizens considering them the owner of the collective property of the citizens.

 

Chapter – Eleven
Provision regarding bringing the part of the prime minister under the purview of the Lokpal

 

36. As post of the president, chief justice, Lok Sabha Speaker and the Prime Minister represent the apex power of the state, their function have created discontent in a section of society due to passing time with increased education and invention of technology. In this situation a need is felt necessary of such an electoral system which could satisfy all the classes of the society by the works of these constitutional posts. Till such electoral system is not invented, it has become necessary that by making such emergency management like Lokpal, the post of the PM should be brought under the purview of Lokpal and an effective check on the problems like corruption should be minimized.

 

37. To constitute the Lokpal and bring under his purview the post of the PM and to maintain the fundamental structure of the constitution of India is possible only when the democratic value of the Lokpal should be more than democratic value of the PM post so that the rights of the Lokpal to rule over the executive and legislature could be held democratic and logical. This is possible only if the process of constituting the Lokpal would be more democratic than the election of the post of the PM. As MPs take part in the election of the PM. It is necessary that in the selection of the Lokpal the MLAs and block Pramukhs should take part presently having greater number than the MPs. As MLAs already have the right to elect the chief minister, so it is better than instead of giving them double right of voting, the Lokpal should be elected by the majority of all the block Pramukhs of the country. Thus the rights of the Lokpal to rule over the executive and legislature could be deemed democratic and rational. The election of Lokpal should be fought only by that person who had been the judge of the Supreme Court or having the qualification to become so.

 

38. In the selection process of the Lokpal, there should not be any intervention and role of any such person who was awarded by any foreign government or institution. So that the foreign powers could not be able to succeed in operating the PM office through Lokpal.

 

39. The parliament will make a law to identify rich persons and institutions to keep the Lokpal unaffected by the power of money and media owners. The list of such persons and institutions will publish on public domain. Parliament will instruct the government to keep vigil on them and Parliament also instruct the government from time to time to evolve the competent draft of bill before the parliament to check the interference of the such powers.

 

Chapter – Twelve
Power of Elected Lokpal

 

40. Lokpal can initiate inquiry on the charges of corruption or of any other kind to take or give the bribe against even the biggest of political or commercial organization, industrialists, traders, justices and even the PM without taking permission from the Lok Sabha speaker, President and High Courts and supreme Court and can punish them himself as per rule.

 

41. Lokpal can send any accused to jail to prevent the intervention in the inquiry with immediate effect.

 

42. Lokpal cannot award death sentence in any type of case as it comes into a savage category but he can give imprisonment for maximum 10 years.

 

43. The Lokpal will equally punish the accused of corruption as well as the person provoking for corruption. If the provoking or motivating is done by any law or institution instead of a person, the accused person will not be punished till such law or institution is reformed.

 

44. The Lokpal will give adequate protection to the people working against corruption and cooperating in inquiry.

 

Chapter – Thirteen
Provision regarding qualification required for occupying the post of Lokpal

 

45. Only that person can fight the election of Lokpal, who has been either a judge of the Supreme Court or has the qualification to become the same.

 

46. Besides other qualification, only such person should be made Lokpal who would make a legal declaration to donate unconditionally to that portion of his mobile or immobile property possessed by him or her to the consolidated fund of the country which is in excess than the national average income with him.

 

47. Lokpal must be prohibited from getting through salary and allowance the amount more than the average income of the nation, so that he or she may be continue to associated with the economic aspirations of the BPL and APL section of the society. Some different type of person should be searched out with some unique character for this post who could save himself from being influenced by the minority elite class.

 

48. After getting posted on the post of Lokpal one should not be able to give any kind of property to his progeny inheritance or to donate to any person or institution. Thus only that person would be able to occupy the post of Lokpal who has no attachment with his offshoots or property. Both these objects have been the main motivators of corruption.

 

49. The process of appointment of the Vice Lokpals will be coherent with the different natures of their work. They will be taken from different spheres. The role of Lokpal will be only to giving them oath and coordinating them.

 

Chapter – fourteen
Provision regarding removal of the Lokpal from the post

 

50. The President of India will have right to remove the Lokpal on the condition that the method of election of the President would be reformed making him the Rashtra Pal and the adult citizens living below poverty line in the country should also be made voters in his election so that the poor of the country who are deprived representation would get at least one representative. Then the democratic value of the post of president would be more than that of the Lokpal and his rights to rule over the Lokpal would be deemed democratic and rational.

 

51. The parliament will have right to recommend about the removal of the Lokpal to the president with condition that the parliament would pass such resolution by simple majority.

 

Statement of Objective and causes

 

It is observed today that the struggle against corruption has been accelerated but the corruption has increased with a bigger pace. In fact the main reason of this is the constant error in identifying the corruption and the corrupt people. The people who are besieging against corruption on one hand are also supporting the corruption of the established system on other hand. Corruption prevailing in the public sector is deemed as a big threat to society due to the efforts of media. But the same media is condemned to hoodwink when faced with the sight of corruption done and get done by their own managers. Due to various laws regarding unlimited right of inheritance, children of the super rich section of society become owners of big capital without doing anything and the state power having ownership of a very small capital, in comparison to them helplessly bows down before their corruption. The real control of the political power on the economic power-holders has came to the end and consequently the current democracy and state are being directed by the order of the only rich section of the society instead of the order of the general public.

Today public functionaries like doctors, engineers, IAS, PCS, MPs and MLAs have understood the fact that because of the provisions regarding inheritance they can transfer only property in the names of their children but not degrees, diplomas, honor and prestige earned by high degree of patriotism, dutifulness, honest behavior, public responsibility, accountability and hard work. They look that the children of the billionaire can become a billionaire because of legal provisions but the children of the doctors, engineers, IAS, PCS, MPs and MLAs cannot become the same. Examinations and various tests are imposed only on the children of the persons working in public sector. This experience has been motivating public functionaries to work only for their children. Due to these faulty laws honesty, patriotism and dutifulness have become meaningless. If theoretically it is accepted that everybody works only for their own children, then one would be called corrupt who works for the nation and the society. If some people should be permitted to work only for their children, then how the rest of them be compelled to work for nation, culture and society? In fact, when the persons working in the government sphere are accused of corruption, they feel such discriminating compulsion with themselves, and some people even make corruption itself a weapon to rebel against the system. They feel that why not the inheritance law should be delimited and caparison should be impaired on the people of industry and trade to work for the nation, instead of their children.

Looking at all the dimensions of the problem of corruption and the growing fever thereof, it has now become necessary that all types of income which comes without labour the labor of the owner should be deemed corrupt. Everybody should be treated corrupt, who possess such income. Such person may belong from any field. One may be from the government sector, or from industry and trade sector. The money produced in the economy without labour, should be calculated and should be distributed among all the voters in the form of Votership. Then the competition to snatch this income between the state and market forces will come to an end. Today the people from industry and trade want to usurp this money produced in the economy without labour should come to them in the name of rent of the capital and people from government sector want that it should come to them by way of corruption. Most of the people who are fighting against corruption are neither ignorant about all the aspects of this problem nor deliberating and conspiring to pour all the wealth of the country produced without labour in the bag of capitalists in the name of rent and value addition. Hence, it is clear that some people are fighting a real battle against corruption, while some are fighting the pseudo battle.

Because the fake battle being fought against corruption, the battle of citizens’ partnership in the growth created by economy becomes a back burner. The debate is suppressed as to which types of taxes, how much taxes and which quantity of the taxes should be imposed in order to aggregate the sufficient portion of GDP in the form of revenue required for the development of common public. For the people fighting the fake battle against the corruption it is more important that out of tax revenue of 10 crore rupees, 4 crores leaked through corruption should be used correctly irrespective of the 40 crores being left untouched with the rich. They are least interesting in accumulating it as tax and put in the service of public sector. Such people fight for 5 crores but leave 40 crores untouched.

People fighting pseudo battle against corruption accept easily all the consumerism, luxury, extravagance and tearing the law into pieces of rich section of society for progeny. Their objection is only that no person working in the government sphere should be able to do any such ill deed. In fact a widow can maintain her widowhood, provided the widowers or wifeless persons should have self restriction and good conduct. The honest people working in the government sector are like the widows whose widowhood is being destroyed by the debauches of trade and industry sector. In this entire prospective the community of people raising pseudo and fake battle against corruption is like that rustic panchayat (jury of villages) which is punishing the widow finding her pregnant with illegal fetus one hand and on the other same panchayat is allowing debauch for free wandering into the colony of widows. That is why the battle against corruption is giving no results and such battles have become professional battles. In this bill deeming corruption as a serious problem, non-favoring measures have been suggested.

 

New Delhi

09 May, 2011

(Bharat Gandhi and other petitioners)