Criticisms of the Jan Lokpal Bill

Some believe that the bill is naïve in its approach to combating corruption. According to Pratap Bhanu Mehta, President, Center for Policy Research Delhi, the bill "is premised on an institutional imagination that is at best naïve; at worst subversive of representative democracy".^[41] The Lokpal concept was criticized by the Human Resource Development (HRD) minister Kapil Sibal because of concerns that it will lack accountability, oppresively, and undemocratically.^[42]

The claim that the Lokpal will be an extra-constitutional body has been derided by Hazare’s closest lieutenant, Arvind Kejriwal. He states the Jan Lokpal Bill drafted by civil society will only investigate corruption offences and submit a charge sheet which would then tried and prosecuted, through trial courts and higher courts. Kejriwal further states that the proposed bill also lists clear provisions in which the Supreme Court can abolish the Lokpal.^[43]

Although Kejriwal has stated that all prosecutions will be carried out through trial courts, the exact judicial powers of LokPal is rather unclear in comparison with its investigative powers. The bill ^[44]requires "...members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers". Although some supporters have denied any judicial powers of Lokpal,^[45] the government and some critics have recognized Lokpal to have quasi-judicial powers. ^[46] The bill states that "Lokpal shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971)shall have the effect subject to the modification that the references therein to the High Court shall be construed as including a reference to the Lokpal." Review of proceedings and decisions by Lokpal is prevented in the bill, stating "...no proceedings or decision of the Lokpal shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary Civil Jurisdiction." How the trials will be conducted is unclear in the bill, although the bill outlines requiring judges for special courts, presumably to conduct trial that should be completed within one year. Without judicial review, there is concern that Lokpal could become a extra-constitutional body with investigative and judicial powers whose decisions cannot be reviewed in regular courts.^[47] Whether or not to include the Prime Minister and higher judiciary under the Lokpal remains as one of the major issues of dispute. Although Hazare proposed Justice Verma, the former Chief Justice of the Supreme Court, as the Chairman of the Lokpal Bill panel,^[48]Justice Verma later expressed his constitutional objections for including the Prime Minister and higher judiciary under Lokpal, stating "this would foul with the basic structure of the constitution". ^[49]