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Difference between Government and activist drafts

Highlights

Difference between Draft Lokpal Bill 2010 and Jan Lokpal Bill[13]
Draft Lokpal Bill (2010)	Jan Lokpal Bill (Citizen's Ombudsman Bill)
Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.	Lokpal will have powers to initiate suo moto action or receive complaints of corruption from the general public.
Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".	Lokpal will have the power to initiate prosecution of anyone found guilty.
Lokpal will have no police powers and no ability to register an FIR or proceed with criminal investigations.	Lokpal will have police powers as well as the ability to register FIRs.
The CBI and Lokpal will be unconnected.	Lokpal and the anti corruption wing of the CBI will be one independent body.
Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.	Punishments will be a minimum of 10 years and a maximum of up to life imprisonment.

Detailed

The following table details differences between the Government and activist backed versions^[14][15].

Issue	The Jan Lokpal Bill [3]	Government's Lokpal Bill [1]
Prime Minister	Can be investigated with permission of seven member Lokpal bench.[14]	PM cannot be investigate by Lokpal.[16]
Judiciary	Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench.[14]	Judiciary is exempt and will be covered by a separate "judicial accountability bill".[15]
MPs	Can be investigated with permission of seven member Lokpal bench.[14]	Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated.[15]
Lower bureaucracy	All public servants would be included.[15]	Only Group A officers will be covered.[15]
Central Bureau of Investigation (CBI)	The CBI will be merged into the Lokpal.[15]	The CBI will remain a separate agency.[14]
Removal of Lokpal members and Chair	Any person can bring a complaint to the Supreme Court, who can then recommend removal of any member to the President.[14]	Any "aggrieved party" can raise a complaint to the President, who will refer the matter to the CJI.[14]
Removal of Lokpal staff and officers	Complaints against Lokpal staff will be handled by independent boards set-up in each state, composed of retired bureaucrats, judges, and civil society members.[14]	Lokpal will conduct inquiries into its own behavior.[14]
Lokayukta	Lokakyukta and other local/state anti-corruption agency would remain in place.[15]	All state anti-corruption agencies would be closed and responsibilities taken over by centralized Lokpal.[15]
Whistleblower protection	Whistleblowers are protected law.[14]	No protection granted to whistleblowers.[14]
Punishment for corruption	Lokpal can either directly impose penalties, or refer the matter to the courts. Penalties can include removal from office, imprisonment, and recovery of assets from those who benefited from the corruption.[14]	Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current law.[14]
Investigatory powers	Lokpal can obtain wiretaps, issue rogatory letters, and recruit investigating officers. Cannot issue contempt orders.[14]	Lokpal can issue contempt orders, and has the ability to punish those in contempt. No authority to obtain wiretaps, issue rogatory letters, or recruit investigating officers.[14]
False, frivolous and vexatious complaints	Lokpal can issue fines for frivolous complaints (including frivolous complaints against Lokpal itself), with a maximum penalty of 1 lakh.[14].	Court system will handle matters of frivolous complaints. Courts can issue fines of Rs25,000 to 2 lakh.[14]
Scope	All corruption can be investigated.[15]	Only high-level corruption can be investigated.[15]

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