Lokpal Bill

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After much opposition the Lokpal and Lokayukta Bill 2011 has been passed by the Lok Sabha on 18 December, 2013 and got the President assent in January 2014. The bill was first passed by the Lok Sabha at the fag end of the winter session of 2011, but not by the Rajya Sabha where it was debated but the house was adjourned before voting on it.
A select committee of the Rajya Sabha later suggested changes in the bill which where incorporated and approved by the union cabinet. Following the amendments, the Rajya Sabha passed the bill 17 December, 2013. The Bill aims to set up institution of Lokpal at the Centre and Lokayuktas in states by law enacted by respective legislatures within one year of coming in to force of the Act.
Main provisions of the amended Lokpal and Lokayukta Bill

Lokayukta  - Each state should set up Lokayuktas by law within one year from the commencement of the Act. But the states will have the freedom to determine the nature and type of Lokayukta.
Appointment – The chairperson and Members shall be appointed by the President after obtaining the recommendations  of a selection Committee consisiting of (a) the Prime Minister –chairperson: (b) the Speaker of the house of the people – member : (c) the Leader of Opposition in the House of the people –member:(d) the chief Justice of India or a Judge of the Supreme Court nominated by him – member; (e) one eminent jurist nominated by the President as recommended by the chairperson and members referred to in clauses (a) to (d).

Penalty – Public servant can face imprisonment up to 7 years. While criminal misconduct and habitually abetting corruption can attract jail term up to 10 years.
Jurisdiction – The prime Minister , ministers, current and former members of Parliament, government employees, employees of firms funded or controlled by Centre, societies and trusts that collect public money, receive funds from foreign sources come under the purview of the anti-corruption law.
Investigation – All anti-corruption inquiry should be completed within 60 days and investigation has to be completed within 6 months. The Lokpal shall order a probe only after hearing the public servant. While an inquiry against the PM has to be in –Camera and will have to be approved by two-Thirds of full bench of Lokpal.
Prosecution – Lokpal can initiate prosecution through its Prosecution Wing before the Special Court and the trial has to be completed within two years.
The amended Lokpal Bill, however, seems to have missed out on some major points that were raised in the original Jan Lokpal Bill, for which Anna had spearheaded the mass movement.

Ashutosh Singh
AP (ME)


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