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ECPSC- 2013

CURRENT AFFAIRS HANDOUT NO 13

LOKPAL BILL

1. Background.

(a) The Administrative Reforms Commission (ARC) while recommending the constitution of Lokpal was convinced that such an institution was justified not only for removing the sense of injustice from the minds of adversely affected citizens but also necessary to instill public confidence in the efficiency of the administrative machinery. Following this, the Lokpal Bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969. However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, and so the bill was not passed at that time.

(b) The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, 2008 most recently in 2011. Each time, after the bill was introduced to the house, it was referred to some committee for improvements a joint committee of parliament, or a departmental standing committee of the Home Ministry, and before the government could take a final stand on the issue, the house was dissolved. Several flaws have been cited in the recent draft of the Lokpal Bill. Meanwhile the activists of India Against Corruption (IAC) have prepared a draft for the bill called Jan Lokpal Bill.

2. Composition of Lokpal. The Lokpal will be a three member body with a chairperson who is or was a chief justice or Supreme Court judge, and two members who are or have been high courts judges or chief justices. The basic framework of the Lokpal is borrowed from the office of the ombudsman in other countries. It provides for filing complaints of corruption against the prime minister, other ministers and members of parliament with the ombudsman. Anyone, except for a public servant can file a complaint and the Lokpal has to complete the inquiry within six months.

3. Significance of the Lokpal Bill.

(a) As corruption has been increasing in India, the Lokpal which seeks to cleanse the system is a significant step. Even though the Lokpal has no judicial powers but only investigative powers, the appointed person’s credibility will itself be a restriction on corruption.

b) The Lokpal has to be independent without any political agenda, according to analysts. A fool-proof Lokpal has a good chance of not only making the ruling politicians fear their own political morality but also make the people active participants in governance. A functioning Lokpal can make a qualitative difference to Indian democracy.

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4. Highlights of the Lokpal bill. (a) Single legislation conferring constitutional status on Lokpal and Lokayukta. Lokayukta will be a model law optional for states to adopt.

(b) Lokpal chairperson will be selected by a panel of PM, Lok Sabha Speaker, leader of opposition in LS, CJI or his nominee (Supreme Court judge) and an eminent jurist nominated by President.

(c) 50%, reservationfor SCs, STs, OBCs, minorities and women among 8 members of Lokpal. 50% of eight members will have judicial background and the reservation clause will apply to them too.

(d) Lokpal to receive complaints against ministers, MPs and all government servants. Similar provision are applicable to Lokayuktas. Lokpal to function as final appellate authority for grievances relating to delivery of public services.

(e) Complaints against chairperson and members to be sent to President, who can remove them after obtaining the Supreme Court's opinion.

(f) PM and all categories of government servants included within Lokpal's ambit. Lokpal cannot look into PM's work relating to international relations, external and internal security, maintenance of public order, atomic energy and space.

g) Complaint of corruption against PM would be subject to in-camera preliminary inquiry by a full bench of Lokpal comprising not less than 75% of its members.

(h) Lokpal will have supervisory control over CBI on investigations into corruption cases referred by it to the agency. Lokpal to have independent inquiry and prosecution wing. CVC too will supervise the CBI in cases referred by it to the agency.CBI director to be selected by a panel comprising PM, leader of opposition in Lok Sabha and the CJI or his nominee judge.

(j) All NGOs receiving more than Rs 10 lakh donation per annum from foreign sources will come within the Lokpal's purview.

5. Response of Political Parties & Civil Society on Lokpal. Political parties responded with a mix of indignation and gave the assurance to consider the apprehensions from civil society and others. Some of the proposals are as given under:-

(a) House has sent Team Anna's four key demands to the standing committee on law and justice. Committee will hold discussions on the Lokpal issue and examine nine separate drafts of the bill, including versions by Aruna Roy and Jaiprakash Narayan.
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(b) Committee will also consider suggestions by various MPs and former CEC T N Seshan and public suggestions. It will then send its report to Parliament. The bill will be then discussed in Parliament and amendments can be made at this stage.
6. Four Key Demands of Team Anna.

(a) Lokpal should be able to carry out an independent probe. (b) Lokpal and Lokayuktas should have suo moto power to start their own investigations.

(c) Selection of Lokpal through consensus of selection panel.

(d) Lower rungs of bureaucracy should be brought under direct control of Lokpal.

7. Current Status The Bill has been passed in Lok Sabha. It was discussed in Rajya Sabha, from there it has been referred to a selected committee. The committee has given its recommendation and the bill is ready for discussion in Rajya Sabha. Union Minister V Narayanasamy has committed that the Lokpal bill will be discussed after 22 Apr 2013 in Parliament during budget session.

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