Lokpal bill introduced

• The Lokpal and Lokayuktas Bill, 2011 introduced in Lok Sabha on Thursday has two parts: the first part is a Constitutional Amendment Bill requiring a two-thirds majority in Parliament.
• The 116 amendment seeks to give constitutional status to Lokpal, a nine-member ombudsman that will receive complaints of corruption from the public against certain public functionaries and act on them.
• The Part II of the Bill seeks to create the institution of Lokpal and Lokayuktas who will serve as anti-corruption agencies in States, requiring a simple majority to pass this Bill.
• The Lokpal will be accountable to Parliament. It shall comprise a chairperson and a maximum of eight members of which 50 per cent shall be judicial members. Fifty per cent of the members of Lokpal shall be from amongst Scheduled Castes, Scheduled Tribes, Other Backward Castes, Minorities and Women.
• The Selection Committee shall comprise the Prime Minister, Speaker of the Lok Sabha, Leader of Opposition in Lok Sabha, the Chief Justice of India and an eminent jurist nominated by the President of India.
• A Search Committee will assist the Selection Committee. The Central Bureau of Investigation will not be under the administrative control of the Lokpal. It shall remain under the control of the government, unlike what Team Anna wanted. The government will continue to decide its budget, transfers and postings.
• There will be no separation of the prosecution and investigative wings of the CBI, as was earlier suggested. The CBI will report to the Lokpal the cases referred to it.
• The ombudsman has the right to conduct preliminary inquiry into complaints through an inquiry wing comprising police officers. Lokpal can refer cases to other agencies like the Central Vigilance Commission.
• The Bill provides that the Director of CBI will be selected by a panel comprising the Prime Minister, Leader of Opposition in the Lok Sabha and the Chief Justice of India. Team Anna wants the Lokpal to be involved in the selection of the CBI.
• The Bill provides for the Prime Minister to be brought under the Lokpal's jurisdiction except in matters relating to international relations, external and internal security, public order, atomic energy and space. Decision to initiate proceedings against Prime Minister shall be taken in-camera by the full bench with a majority of three-fourth.
• Lokpal will have jurisdiction in respect of Ministers and MPs outside of Parliament, but only after the full bench and at least three-fourth members approve such an inquiry.
• In the case of government officers and employees, the Bill provides that complaints referred to the CVC in case of Group A and B officers will be sent back to the Lokpal after Preliminary Enquiry. On Group C and D employees, the CVC will proceed further in exercise of its own powers.
• No sanction or approval shall be required to conduct a preliminary inquiry by the Lokpal into complaints against public servants.
• The Bill lays down that preliminary enquiry will be completed in three months extendable by another three months. Investigation should take six months, extendable by six months and trial should be completed in one year extendable by one year.
• The Bill proposes enhancement of maximum punishment if convicted, from seven to 10 years and the minimum punishment from six to two years.
• Team Anna has sought inclusion in the Bill of Prime Minister, higher judiciary, lower bureaucracy, Citizens's Charter, CBI and Lokayuktas. It also wanted protection to whistle-blowers.
• In this Bill the government has included Prime Minister with riders. Lower bureaucracy has been included but right of investigation has been taken away. A separate Citizen's Charter Bill has already been introduced in Parliament. A separate Judicial Accountability Bill is being conceived. The CBI continues to remain with the government. The formation of Lokayuktas through a central legislation has been included in the Bill.