A Comparison of
some Available Anti-Corruption Laws in India
RTI Act, 2005
viz-à-viz
JanLokpal (CBI, CVC, CAG).
Part - I
- Recently, there has been a campaign that a strong JanLokpal can convict the corrupt persons and put them in jail.
Question: Can RTI or JanLokpal convict corrupt persons and put them in jail.
Answer: A big NO. Neither RTI nor Proposed JanLokpal can convict corrupt persons, and put them in jail.
Lokpal is an investigative body which can only investigate, access material information and frame charges which indicts a person, whether that indictment is correct or incorrect, ultimately falls under the domain of the Judicial Branch of the Government.
So, as far as convictions (putting corrupt people in jail) are concerned, unless Judicial Reforms are implemented the outcome of JanLokpal leaves much left to be desired.
Recent Example:
Kindly check the outcome of Karnataka Lokayukta Santosh Hegde's recent decision indicting Karnataka CM Yeddyurappa.
This Lokayukta decision, is now pending before the High Court for conviction proceedings.
(Mr. Santosh Hegde incidentally is one of the drafters of JanLokpal Bill version)
- Thus, RTI as well as Lokpal:
Both Are Anti-Corruption Laws;
Both Have Investigative Powers to Access Information (Material Evidence);
Yet, Both Do Not Have the Power to Convict (Sending To Jail) A Corrupt Person;
Then, What Is The Difference Between The Two??
- Please Read Further, to go through the Comparison Between the Two:
| RTI Act, 2005. | JAN LOKPAL / LOKPAL |
| ENACTED | PROPOSED |
| 1. PREAMBLE (Objective for Enactment) | |
| 1.1 Anti-Corruption Law: An excerpt from the law: Quote: Section 2(j) "right to information" means: (i) inspection of work, documents, records; (ii) .... Section 3 "Subject to the provisions of this Act, all citizens shall have the right to information" Unquote Please Note: Every citizen has become an inspector. | 1.1 Anti-Corruption Law: An excerpt from the proposed law: Quote: A Bill to establish an independent authority to investigate offences under the Prevention of Corruption Act, 1988 to detect corruption by expeditious investigation and to prosecute offenders Unquote Please Note: Empowers a small set of people as inspectors on behalf of the citizens. |
| 1.2 A standard method to access material information is by filing an application under the RTI Act. | 1.2 Lokpal is conferred with policing powers like interrogation, intercepting communications etc. which leads access to material information. (If RTI is used intellectually than these policing powers are less relevant for accessing material information) |
| 1.3 Thus, RTI is based on exposing corruption by accessing material information (evidence), e.g. Adarsh, CWG etc etc. | 1.3 Ultimately, Lokpal too is also based on exposing corruption by accessing material information (evidence).
|
| 2. WHO IS UNDER RTI --- Continued in Part II | |
Further Comparison on various other aspects between RTI & JanLokpal to be continued .....
Best Regards,
Sunil Ahya.
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