Know how Kejriwal's Jan Lokpal bill is better than Centre's Lokpal bill

New Delhi: Heading for a confrontation with the Centre, the AAP government on Wednesday night declared it was going ahead with tabling of the Jan Lokpal Bill in the Delhi assembly ignoring Union Law Ministry's view that the Center's prior approval was required. Delhi chief minister Arvind Kejriwal has also threatened to resign on the issue of introducing Jan Lokpal Bill. Let's have a look at five points that make Delhi's Jan Lokpal Bill better than the Centre's Lokpal Bill: 1. Centre's Lokpal Bill: Lokpal will be selected by five members: by PM, Leader of Opposition, Speaker, Chief Justice of India and one jurist nominated by these four. Delhi Jan Lokpal Bill: Selection committee will be comprised of 7 members including Chief Minister of Delhi, Leader of Opposition, two judges of Delhi High Court, one person from previous chairpersons of Lokpal, and two other members to be co-opted by other members.2. Centre's Lokpal Bill: The Lokpal would have to get the complaints investigated by any investigating agency, including the CBI, all of which would continue to remain under the administrative control of the government. The transfer, postings and post-retirement jobs of CBI officers would be under the control of the govt, thus compromising the independence of the investigative machinery. Delhi Jan Lokpal Bill: The Lokpal in Delhi can suspend the officer during investigation. He/she can recommend punishment amounting to dismissal, removal or reduction in rank. He/she can attach property and assets acquired by the corrupt officer. He/she can punish public servant with six months imprisonment or fine or both if he fails to comply with Lokpal's orders. Lokpal will have powers to issue search warrant to officers not less than ACP rank or equivalent.3. Centre's Lokpal Bill: No mention of Whistleblower protection and Citizens Charter in the government's bill. Delhi Jan Lokpal Bill: In case of threat to whistleblowers, investigation shall be fast tracked and completed within 3 months.4. Centre's Lokpal Bill: Any person making a false or frivolous complaint could be jailed for up to 1 year, or a fine of up to Rs. 1 lakh, which will deter even honest complainants from going to the Lokpal. Delhi Jan Lokpal Bill: If the complaint is found to be malafide, the court may impose a fine of up to Rs. 5 lakh or an imprisonment up to one year or both.5. Centre's Lokpal Bill: The Lokpal Bill as passed by parliament makes no reference to fine imposed on Grievance Redressal Officer in case they fail to discharge their duties within prescribed time. Delhi Jan Lokpal Bill: Penalty of up to Rs. 500 each day but not exceeding Rs. 50, 000 to be recovered from the salaries of the Grievance Redressal Officer or government official responsible for the non delivery of the service. What's wrong with Kejriwal's Jan Lokpal • Rule 55(1) of Transaction of Business Rules, 1993, says Centre's approval is necessary before passage of certain Bills. • A home ministry order of 2002 says the Delhi government needs to send any new legislative proposal to the L-G, who sends is to the ministry. • Delhi's Jan Lokpall Bill would also need to be cleared by the President, as is true for any Bill with provisions for public expenditure. • AAP government's decision bypass the Centre by means of a specially convened Assembly session thus violates norms. • Delhi is a Union Territory and, as per Article 239 (A) of the Constitution, Parliament prevails over the Assembly. • The Centre has already passed a Lokpal Bill and states cannot bring in different law over the exiting one. • AAP's move is unconstitutional, say experts, as Delhi already has Lokayukta. That act can be amended.