Lokpal Bill: Some salient features
Friday, 20 December 2013
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1. Lokayuktas: The
new bill mandates states to set up Lokayuktas within 365 days. States can
determine the type.
Under the old bill, law was applicable to
states only if they give consent. Under old bill, the central government had
power to appoint state Lokayuktas; the new bill gives this power to the states.
2. Constitution
of Lokpal: The Lokpal will consist of a chairperson and a
maximum of eight members, of which 50% shall be judicial members. 50% members
of Lokpal shall be from among SCs, STs, OBCs, minorities and women.
In the old bill, the chairperson was to be
the Chief Justice of India or a present or former judge of the Supreme Court or
a non-judicial member with specified qualifications (Chief Justice or a judge
of a High Court).
3. Selection of
Lokpal: The selection committee will have Prime Minister, Lok
Sabha Speaker, leader of the Opposition in the Lok Sabha and the Chief Justice
of India. A fifth member of the selection committee for selection of Lokpal
under the category of "eminent jurist" may be nominated by the
President on the basis of recommendation of the first four members of the
selection committee.
Under the old bill, President could select
the fifth person.
4. Religious
bodies and trust: The new bill includes societies and trusts
that collect public money, receive funding from foreign sources and have an
income level above a certain threshold. It excludes bodies creating endowments
for or performing religious or charitable functions.
The old bill expanded definition of public servant
by bringing societies and trusts and organisations which receive foreign
donations (over Rs.10 lakh a year) under Lokpal.
5. Prosecution:
In the new bill, before taking a decision on filing a
chargesheet in a case upon consideration of the investigation report, the
Lokpal may authorise its own prosecution wing or the investigating agency
concerned to initiate prosecution in special courts.
Under the old bill, such power was only with
the prosecution wing of the Lokpal.
6. Central
Bureau of Investigation (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.
7. Hearing: The
new bill says a government servant will get a hearing before a decision is
taken by the Lokpal.
8. Prime
minister: The Prime Minister will be under the purview of the
Lokpal with subject matter exclusions and specific process for handling
complaints against the prime minister.
9. 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.
10. 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.
Categories:
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