Date: 9 th September, 2011

LOKPAL BILL: VISION, MISSION AND OUTCOME-FOCUSED GOALS

For THE PERUSAL OF THE STANDING COMMITTEE

From CORRUPTION FREE INDIA1 (CFI): A YOUTH-LED MOVEMENT2

The purpose of this document is to present a vision, mission and outcome-focused goal for the consideration and deliberate action of the Standing Committee. Corruption Free India (CFI) has thoroughly investigated, discussed and debated amongst its core team various ideas presented in the Jan Lokpal Bill/NCPRI version/Jay Prakash version and versions shared by other members of civil society. CFI believes that inputs from all civil society members merit consideration and review and recognizes that practical difficulties (in implementation), constitutional procedures (not principles) and political factors constitute real roadblocks. Therefore, the CFI Single Point Agenda chooses to focus on the “passage, with a sense of urgency, of an effective Lokpal Bill that delivers real outcomes”.

This document is an attempt at sharing the overarching vision that CFI has developed after taking inputs from various forums and can be said to generally represent the views and expectations of the youth of India. If given the opportunity, CFI youth will be honoured to present before the Standing Committee a more comprehensive and detailed account of the youth’s views on the ideal set of powers and instrumentalities of the Lokpal. In particular, it would interest CFI to present an analysis and comparison chart of the provisions presently being circulated amongst the Standing Committee as against existing legal and regulatory provisions of global anti-corruption agencies.

1 Corruption Free India (CFI) is a youth led movement who’s Single Point Agenda is to achieve a “passage, with a sense of urgency, of an effective Lokpal Bill that delivers real outcomes”.   2 For further communication, please contact Sidhartha Jatar: 9560494646, Jai Dehadrai: 9910634291, Nipun Malhotra: 9871953332, Arjun Srihari: 9958363131, Mehak Budhrani:07709246797, Raviraj Kulkarni: 09833222905, Manav Kapur: 9560287968, Aparajita Bijapurkar: 9818356586 or e-mail 2011cfi@gmail.com/sidharthajatar@gmail.com.

INDEX

1. LOKPAL VISION

Desired Characteristics of Lokpal

Independence (financial and administrative) Power and Authority with necessary checks and balances to ensure accountability Proactive and Prevention-focused action Innovation and Dynamism Time-bound adjudication (Special Courts

Nature of the Lokpal Bill

Coherence Simplicity and Clarity Contemporaneity

2. LOKPAL PURPOSE: MISSION

3. LOKPAL MOTTO

4. LOKPAL GOAL

Achieving Real Outcomes

Outcome #1 –Creating an environment that will allow the Lokpal to Succeed Outcome #2 – Catching petty corruption Outcome #3 – Catching big ticket corruption Outcome #4 – Preventing petty corruption Outcome #5 – Preventing big ticket corruption Outcome #6 – No fear for the honest, high fear for the dishonest Outcome #7 – Recovering black money Outcome #8 – Implementation

5. USE CASES

6. FOR MORE ON CFI

LOKPAL VISION

Desired Characteristics of the Lokpal

1. Independence (financial and administrative):  freedom to act against the corrupt irrespective of their social status, political affiliation, colour or creed; a no-nonsense policy, clockwork efficiency and sophisticated operational methods.

2. Power and Authority with necessary checks and balances to ensure accountability: officers involved in corruption dealt with severely through departmental disciplinary procedures if evidence for court prosecution is insufficient; investigative powers and deterrent terms buttressed by effective enforcement capability.

3. Proactive and Prevention-focused action: opportunities for corruption removed, administrative procedures streamlined, red tape reduced, reminders about the pitfalls of corruption given through talks; training and advice imparted on how to avoid getting involved in corrupt practices, information technology used to obtain and analyse criminal intelligence, informants and undercover agents deployed in a cautious and coordinated manner.

4. Innovation and Dynamism: freedom to initiate new practices without having to encounter red-tape, well trained staff up to date with global best practices.

5. Time-bound adjudication (Special Courts): High conviction rates; swift, accurate and fair trials; effective and balanced rules for plea bargaining.

Nature of the Lokpal Bill

1. Coherence : in defining corruption and in the functioning of different arms of the agency.

2. Simplicity and Clarity : restricted use of legal verbiage; clarity of drafting at par with foreign legislations such as those of Hong Kong (ICAC), Singapore (CPIB) and New South Wales (ICAC).

3. Contemporaneity: Inclusion of best practices from international legislations; Indian anti-corruption agency not sub-par in its structure, authority or effectiveness.

LOKPAL PURPOSE: MISSION

To achieve a level of morality and governance in all government institutions where an individual’s moral character triumphs over greed and vested interests; corruption is prevented rather than only penalized and swift administrative action creates the necessary levels of deterrence.

LOKPAL MOTTO: OUT OF CHARACTER-OUT OF JOB

Immoral conduct by the highest figure or lowest authority to result in dismissal from duty: Lokpal is driven by this motto at all times.

LOKPAL GOAL: OUTCOME-FOCUSED

Achieving Real Outcomes

Outcome #1 Creating an environment that will allow the Lokpal to Succeed

E.g. Passing parallel legislation in the form of grievance redressal, citizens charter, whistleblower protection, judicial accountability, election reform to simplify the task of the Lokpal.

Outcome #2 – Catching petty corruption

E.g. Enabling easy access for the common man to a complaint mechanism; ensuring immediate and time-bound action or implementation from the local authority against corrupt official.

Outcome #3 – Catching big ticket corruption

E.g. Making public, through video, professionally conducted hearings and proceedings of all persons under investigation.

Outcome #4 - Preventing petty corruption

E.g. Requiring every public entity to put up a “petty corruption elimination plan” in public domain with the Lokpal satisfying itself of the adequacy of the plan.

Outcome #5- Preventing big ticket corruption

E.g. Eliminating or substantially reducing discretionary powers, eliminating loopholes in tax legislation, improving contract drafting.

Outcome #6 – No fear for the honest, high fear for the dishonest

Striking fear in the corrupt and minimizing pain for the honest.

Outcome #7 – Recovering black money

E.g.1. Offering a VDS (Voluntary Disclosure Scheme) in conjunction with plea bargaining tools.2. Summarily confiscating any moneys or assets found overseas beyond specific limits allowed by

RBI.

Outcome #8 – Implementation

Committee with sole objective of overseeing time-bound implementation and addressing issues of mid-course correction based on initial experiences.

USE CASES

(Includes for effect, hypothetical examples of ending private corruption)

The purpose of use cases is to illustrate how an anti-corruption agency can help in producing real outcomes. These are not meant to be case-studies but only hypothetical cases which give insights into the potential impact an effective anti-corruption institution can have.

Use Case #1 – Traffic Police Harassment Prevented

Before Lokpal: A driver violates a traffic law. The traffic police refuse to give a parchi and instead pocket a slightly lesser amount.

After Lokpal: Traffic police insist on giving a parchi.

What Changed? : Traffic Police prepared a prevention plan which involved use of undercover operatives. A series of meetings were held by senior officers who communicated that corruption was now a high risk activity with quick and severe administrative punishment. Few traffic police were caught and punished and word spread quickly. Traffic Police started doing their duty and were mostly honest.

Use Case #2 – CWG Type Projects On Time and well below Budget

Before Lokpal CWG Type projects are delayed and cost much more than what they should.

After Lokpal: CWG Type projects get done before schedule and cost much less What Changed? : Organizing committee (OC) prepared a corruption prevention plan which involved whistleblower protection, random inspections and other best practices. OC executives started focusing on getting work done on time and below budget instead of figuring out how to delay projects to increase the corruption money paid to them.

Use Case #3 – Petrol Adulteration with Kerosene Stops

Before Lokpal: A law requiring refiners to add colour to kerosene to prevent it from being used for petrol adulteration is repealed. Payoff from oil refiners and mafia to get law changed. Official loses life trying to battle mafia. After Lokpal: Law Mafia and industry lobbies find it more and more difficult to get laws changed in their favour as the corruption prevention plan of the oil ministry conflicts with their desire to change the law for vested purposes. Refiners start adding colour to kerosene. Undercover force helps oil ministry by reporting new methods of adulteration if there is innovation in adulteration by Mafia.

What Changed? : Oil minister and secretary petroleum worried that they may be asked to step down and transferred to Siachen Glacier (!) to study climate change and so they got their act together, cracked the whip and made adulteration history.

Use Case #4– Black Money in Real Estate becomes rare

Before Lokpal: People selling and buying property routinely have a large black money component. Law is not enforced because the politicians do not want it enforced.

After Lokpal: Law is strictly enforced and black money in real estate dries up.

What Changed? : Finance Minister and the Revenue secretary along with experts from Lokpal sent written statements to the concerned tax department demanding a reason for the law not having been implemented. Once people knew that the government was serious about implementing laws, black money dried up because the fear of getting caught was very high.

Use Case #5 – Fund Diversion Reduces

Before LokPal: Funds meant to set up youth clubs in rural areas and sanctioned by the sports ministry are diverted. 1,75,000 youth clubs are not set up. After LokPal: Money meant for youth clubs reaches youth clubs. What Changed? Sports Ministry and secretary along with Lokpal initiate rapid response teams to catch fund diversion and a few people are caught. Word travels and fund diversion reduces.

FOR MORE ON CFI

Please view our web-links:

a) CFI Petition b) CFI nine-point solution to the Lokpal Logjam c) Facebook Page d) Media Coverage

CFI proposal – “Let us all refrain from being over-cautious in fear of creating a Frankenstein monster, lest we unwittingly succeed in creating a harmless mouse”.