Existing System
No politician or senior officer ever goes to jail despite huge evidence because Anti Corruption Branch (ACB) and CBI directly come under the government. Before starting investigation or initiating prosecution in any case, they have to take permission from the same bosses, against whom the case has to be investigated.
No corrupt officer is dismissed from the job because Central Vigilance Commission, which is supposed to dismiss corrupt officers, is only an advisory body. Whenever it advises government to dismiss any senior corrupt officer, its advice is never implemented.
No action is taken against corrupt judges because permission is required from the Chief Justice of India to even register an FIR against corrupt judges.
Nowhere to go - People expose corruption but no action is taken on their complaints.
There is so much corruption within CBI and vigilance departments. Their functioning is so secret that it encourages corruption within these agencies.
Weak and corrupt people are appointed as heads of anti-corruption agencies.
Citizens face harassment in government offices. Sometimes they are forced to pay bribes. One can only complaint to senior officers. No action is taken on complaints because senior officers also get their cut.
Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.
Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.
System Proposed by civil society (Jan Lokpal Bill)
Lokpal at centre and Lokayukta at state level will be independent bodies. ACB and CBI will be merged into these bodies. They will have power to initiate investigations and prosecution against any officer or politician without needing anyone's permission. Investigation should be completed within 1 year and trial to get over in next 1 year. Within two years, the corrupt should go to jail.
Lokpal and Lokayukta will have complete powers to order dismissal of a corrupt officer. CVC and all departmental vigilance will be merged into Lokpal and state vigilance will be merged into Lokayukta.
Lokpal & Lokayukta shall have powers to investigate and prosecute any judge without needing anyone's permission.
Lokpal & Lokayukta will have to enquire into and hear every complaint.
All investigations in Lokpal & Lokayukta shall be transparent. After completion of investigation, all case records shall be open to public. Complaint against any staff of Lokpal & Lokayukta shall be enquired and punishment announced within two months.
Politicians will have absolutely no say in selections of Chairperson and members of Lokpal & Lokayukta. Selections will take place through a transparent and public participatory process.
Lokpal & Lokayukta will get public grievances resolved in time bound manner, impose a penalty of Rs 250 per day of delay to be deducted from the salary of guilty officer and award that amount as compensation to the aggrieved citizen.
Loss caused to the government due to corruption will be recovered from all accused.
Enhanced punishment - The punishment would be minimum 5 years and maximum of life imprisonment.
