Mail News Service
\nNew Delhi, Dec 22: 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
\nLokpal 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.
\nThe salient features of the proposed new Bills are as under:-
\n Focus on improving accountability
\n\u00d8 Establishment of new institution in the Constitution called Lokpal for the Union and Lokayukta for the States. These autonomous
\nand independent bodies, shall have powers of superintendence and direction for holding a preliminary inquiry, causing an investigation to be made and prosecution of offences in respect of complaints under any law for the prevention of corruption.
\n \u00d8 The Bill provides a uniform vigilance and anti corruption road map for the nation, both at Centre and States.
\n\u00d8 The Bill institutionalizes separation of investigation from prosecution and thereby removing conflict of interest as well as increasing the scope for professionalism and specialisation.
\n Structure of the Institution:
\n \u00d8 Lokpal will consist of a Chairperson and a maximum of eight Members of which fifty percent shall be judicial Members.
\n\u00d8 Fifty per cent of members of Lokpal shall be from amongst SC, ST, OBCs, Minorities and Women.
\n\u00d8 There shall be an Inquiry Wing of the Lokpal for conducting the preliminary inquiry and an independent Prosecution Wing.
\n\u00d8 Officers of the Lokpal to include the Secretary, Director of Prosecution, Director of Inquiry and other officers.
\n Process of selection:
\n\u00d8 The selection of Chairperson and Members of Lokpal shall be through a Selection Committee consisting of \u2013
\n\u00a7 Prime Minister;
\n\u00a7 Speaker of Lok Sabha;
\n\u00a7 Leader of Opposition in the Lok Sabha;
\n\u00a7 Chief Justice of India or a sitting Supreme Court Judge nominated by CJI;
\n\u00a7 Eminent jurist to be nominated by the President of India \u00d8 A Search Committee to assist Selection Committee in the process of selection. Fifty per cent of members of Search Committee shall
\nbe from amongst SC, ST, OBCs, Minorities and Women.
\nJurisdiction:
\n \u00d8 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:
\n\u00a7 International relations;
\n\u00a7 External and internal security of the country;
\n\u00a7 Public Order;
\n\u00a7 Atomic energy\u00a7 Space.
\n 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.
\n\u00d8 Lokpal\u2019s jurisdiction to include all categories of public servants including Group \u2018A\u2019, \u2018B\u2019, \u2018C\u2019 & \u2018D\u2019 officers and employees of Government. On complaints referred to CVC by Lokpal, CVC will send its report of PE in respect of Group \u2018A\u2019 and \u2018B\u2019 officers back to Lokpal for further decision.
\nWith respect to Group \u2018C\u2019 and \u2018D\u2019 employees, CVC will proceed further in exercise of its own powers under
\nthe CVC Act subject to reporting and review by Lokpal.
\n\u00d8 All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of
\nRs. 10 lakhs per year are brought under the jurisdiction of Lokpal.
\n\u00d8 Lokpal will not be able to initiate inquiry suo moto.<\/p>\n
Other significant features of the Bill<\/p>\n
\u00d8 No prior sanction shall be required for launching prosecution in cases enquired by Lokpal or initiated on the direction and with the
\napproval of Lokpal.
\n\u00d8 A high powered Committee chaired by the Prime Minister with leader of the opposition in the Lok Sabha and Chief Justice of India
\nas members, will recommend selection of the Director, CBI.<\/p>\n
\u00d8 Provisions for confiscation of property acquired by corrupt means, even while prosecution is pending.<\/p>\n
\u00d8 Lokpal to be final appellate authority on all decisions by public authorities relating to provision of public services and redressal of
\ngrievances containing findings of corruption.<\/p>\n
\u00d8 Lokpal to have power of superintendence and direction over any investigation agency including CBI for cases referred to them.<\/p>\n
\u00d8 The Bill lays down clear time lines for :<\/p>\n
\u00a7 Preliminary enquiry \u2013 three months extendable by three months.<\/p>\n
\u00a7 Investigation \u2013 six months extendable by six months.<\/p>\n
\u00a7 Trial \u2013 one year extendable by one year.<\/p>\n
\u00d8 The Bill proposes to enhance punishment under Prevention of Corruption Act :<\/p>\n
(a) Maximum punishment from 7 years to 10 years<\/p>\n
(b) Minimum punishment from 6 months to 2 years<\/p>\n
\u00d8 The Bill proposes to give legal backing to Asset Declaration by public servants.<\/p>\n
\u00d8 The Bill also seeks to make necessary consequential amendments in the Commissions of Inquiry Act, 1952, the Prevention of
\nCorruption Act, 1988, the Code of Criminal Procedure, 1973, the Central Vigilance Commission Act, 2003, and the Delhi Special Police
\nEstablishment Act, 1946.<\/p>\n\n