Dear Comrades,
| Lokpal and Lokayuktas Bill 2011 Introduced in Lok Sabha |
Government today introduced in
Lok Sabha the Lokpal and Lokayuktas
Bill, aimed at setting up the body of Lokpal at the Centre and Lokayuktas at the level of the States. Government also introduced a Bill for
amending the Constitution for conferment of Constitutional status on both
bodies. Government also withdrew earlier
Lokpal Bill, 2011 as it decided to introduce a new comprehensive Lokpal and
Lokayuktas Bill, 2011 Bill after consideration of the suggestions made by the
Parliamentary Committee which recommended significant changes in the scope and
content of the earlier Bill.
The salient features of the proposed new Bills are as
under:-
Focus on improving accountability
Ø Establishment of
new institution in the Constitution called
Lokpal for the
Ø The Bill provides a
uniform vigilance and anti corruption road map for the nation, both at Centre
and States.
Ø The Bill
institutionalizes separation of investigation from prosecution and thereby
removing conflict of interest as well as increasing the scope for
professionalism and specialisation.
Structure of the Institution:
Ø Lokpal will consist
of a Chairperson and a maximum of eight Members of which fifty percent shall be
judicial Members.
Ø Fifty per cent of
members of Lokpal shall be from amongst SC, ST, OBCs, Minorities and Women.
Ø There shall be an
Inquiry Wing of the Lokpal for conducting the preliminary inquiry and an independent Prosecution Wing.
Ø Officers of
the Lokpal to include the Secretary, Director of Prosecution, Director of
Inquiry and other officers.
Process of
selection:
Ø The selection of
Chairperson and Members of Lokpal shall be through a Selection Committee
consisting of –
§ Prime
Minister;
§ Speaker of Lok
Sabha;
§ Leader of
Opposition in the Lok Sabha;
§ Chief Justice of
§ Eminent jurist to
be nominated by the President of India
Ø A Search Committee
to assist Selection Committee in the process of selection. Fifty per cent of members of Search Committee
shall be from amongst SC, ST, OBCs, Minorities and Women.
Jurisdiction:
Ø Prime Minister to be brought under the purview of the Lokpal with
subject matter exclusions and specific
process for handling complaints against the Prime Minister. Lokpal can not hold any inquiry against the
Prime Minister if allegations relate to:
§ International
relations;
§ External and
internal security of the country;
§ Public
Order;
§ Atomic energy
§ Space.
Any decision of
Lokpal to initiate preliminary inquiry or investigation against the Prime
Minister shall be taken only by the Full Bench with a majority of 3/4th. Such proceedings shall be held in camera.
Ø Lokpal’s
jurisdiction to include all categories of public servants including Group ‘A’,
‘B’, ‘C’ & ‘D’ officers and employees of Government. On complaints referred to CVC by Lokpal, CVC
will send its report of PE in respect of Group ‘A’ and ‘B’ officers back to
Lokpal for further decision. With
respect to Group ‘C’ and ‘D’ employees, CVC will proceed further in exercise of
its own powers under the CVC Act subject to reporting and review by
Lokpal.
Ø All entities
receiving donations from foreign source in the context of the Foreign
Contribution Regulation Act (FCRA) in excess of Rs. 10 lakhs per year are
brought under the jurisdiction of Lokpal.
Ø Lokpal will not be
able to initiate inquiry suo moto.
Other significant
features of the Bill
Ø No prior sanction
shall be required for launching prosecution in cases enquired by Lokpal or
initiated on the direction and with the approval of Lokpal.
Ø A high powered
Committee chaired by the Prime Minister with leader of the opposition in the Lok
Sabha and Chief Justice of India as members, will recommend selection of the Director, CBI.
Ø Provisions for
confiscation of property acquired by corrupt means, even while prosecution is
pending.
Ø Lokpal to be final appellate authority on all decisions by
public authorities relating to provision
of public services and redressal of grievances containing findings of
corruption.
Ø Lokpal to have power of superintendence and direction over any
investigation agency including CBI for cases referred to
them.
Ø The Bill lays down clear time lines for :
§ Preliminary enquiry – three months extendable by three
months.
§ Investigation – six months extendable by six
months.
§ Trial – one year extendable by one year.
Ø The Bill proposes to enhance punishment under Prevention of
Corruption Act :
(a) Maximum punishment from 7 years to 10 years
(b) Minimum punishment from 6 months to 2 years
Ø The Bill proposes to give legal backing to Asset Declaration by
public servants.
Ø The Bill also seeks to make necessary consequential amendments in the
Commissions of Inquiry Act, 1952, the Prevention of Corruption Act, 1988, the
Code of Criminal Procedure, 1973, the Central Vigilance Commission Act, 2003,
and the Delhi Special Police Establishment Act, 1946.
***
RS/SR (Release ID :79168) PIB
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