- The Lokpal cannot, under the proposed Bill, investigate any case against the Prime Minister in the arena of external affairs and defence. This means corruption in defence deals, a la Bofors for instance, will be completely outside its jurisdiction.
- It will have jurisdiction only over members of Parliament and ministers, besides truncated jurisdiction over the Prime Minister. Bureaucrats will continue to be dealt with under the existing mechanism.
- The Lokpal will not have powers to inquire into complaints, suo motu. Complaints against MPs can only be made to the Speaker, who will then decide whether to forward them to the Lokpal for investigation.
- Since the Speaker is invariably from the ruling party, this will lead to a surfeit of investigations against Opposition MPs and none against members of the party in power. That is not all. After completing its inquiry, the Lokpal will have no power to take action. The best it can do is forward the report to the Speaker and the Prime Minister for such action as the latter may deem fit.
- The composition of the Lokpal - three retired judges - is equally unsatisfactory. By limiting the choice to retired judges, the Bill creates a vested interest within the judiciary to give decisions in favour of the government. A strong and independent judiciary is, perhaps, the only safeguard against excesses of the executive.
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