LOKPAL BILL

• The Bill: The Lokpal and Lokayuktas Bill, 2011
•  Piloted by: Law Minister Kapil Sibal
• The word 'lokpal' was coined by: Dr L.M.Singhvi in 1963.
• In 1966, Morarji Desai led First Administrative Reforms Commission recommended setting up of Lokpal at Centre and Lokayukta in states to look into complaints against public functionaries, including MPs
• Sending out a clear message against corruption in high places ahead of the 2014 Lok Sabha elections, the Rajya Sabha has passed by voice vote a Bill for setting up a Lokpal with vast powers to look into complaints against the Prime Minister, his Cabinet colleagues and Central Government officials, conduct searches, attach property and supervise the CBI and the CVC.

STRUCTURE:

• The Lokpal will have a chairperson, who is/has been a Chief Justice of India, a judge of the Supreme Court or an eminent person.
• It will have a maximum of eight members, half of whom will be judicial members.
• The chairperson and the members will be appointed by the President on the recommendations of a five-member selection committee, headed by the Prime Minister and comprising the Lok Sabha Speaker, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or his nominee and one eminent jurist.
• The chairperson and the members can be removed only on a petition signed by at least 100 MPs and on an inquiry conducted by the Supreme Court.

 POWERS:

• The Lokpal will have powers to give direction to the Delhi Special Police Establishment in respect of matters referred to it for preliminary inquiry, summon and enforce attendance of any person and examine him on oath, utilize the services of any officer, organization or investigating agency of the Central Government or any state government.
• At the recommendations of the Lokpal, the Central Government shall constitute special courts to hear and decide the cases arising out of the Prevention of corruption Act.
• The bill also incorporates provisions for attachment and confiscation of property acquired by corrupt means, even while prosecution is pending.

 CBI:

• For independence of the CBI, in the new bill a directorate of prosecution will be formed. Appointment of the director of prosecution will be on the recommendation of the Central Vigilance Commissioner.
• Transfer of officers of CBI investigating cases referred by Lokpal will be only with the approval of Lokpal who will also have superintendence over CBI in relation to Lokpal referred cases.

 INVESTIGATION:

• Inquiry has to be completed within 60 days and investigation to be completed within six months. Lokpal shall order an investigation only after hearing the public servant.
• Inquiry against the prime minister has to be held in-camera and approved by two-thirds of the full bench of the Lokpal.

PENALTY:

• False and frivolous complaints - imprisonment up to one year and a fine of up to Rs.1 lakh. Public servants - imprisonment up to seven years. Criminal misconduct and habitually abetting corruption - jail term up to 10 years.
• The Bill is an improvement over the one passed by the Lok Sabha in 2011. Under the amended Bill, no hearing will be granted to public servants before a preliminary inquiry to retain the element of surprise raids. Secondly, CBI officers investigating cases cannot be transferred without the Lokpal’s consent. The Bill delinks Lokpal and Lokayuktas. Asserting federal principles, states have got the right to have Lokayuktas of their choice.