This Article is From Dec 22, 2011

Lokpal Bill: Some highlights

Lokpal Bill: Some highlights
New Delhi: The UPA government has finally tabled the Lokpal Bill and it shall be debated and voted upon on December 27, Tuesday next.


Here are some of the highlights of the Lokpal Bill:

  • The 74-page Lokpal Bill has two parts: first part is a constitutional amendment bill - needs 2/3 majority - so government will need support of opposition parties

  • The 116th amendment seeks to give constitutional status to Lokpal - a new nine-member ombudsman agency that will receive complaints from the public about corrupt government servants and act on them

  • Part B seeks to create the institution of Lokpal and Lokayuktas, who will serve as anti-corruption agencies in states. A simple majority is required to pass this part of the bill

  • Even before the bill is tabled, the government has decided on an amendment - to bring back the minority quota for the nine members of the Lokpal.  This means that the 50% reservation will extend to Scheduled Castes and Tribes (SCs/STs), women, Other Backward Classes (OBCs) and minorities.  The constitution does not allow for reservation on the basis of religion.  So to get the amendment approved, a two-third majority is needed.  The BJP is unlikely to support the amendment.   Lalu Prasad and Mulayam Singh Yadav insist on it. 

  • The Lokpal will be accountable to the Parliament

  • The Central Bureau of Investigation (CBI) will not be controlled administratively by Lokpal. Government will continue to decide its budget, transfers and postings of officials

  • Lokpal cannot initiate proceedings against an officer on its own; a complaint has to be lodged with the ombudsman before it orders an inquiry

  • The Director of CBI to be chosen by panel of PM, Leader of Opposition and Chief Justice of India. Team Anna wants the Chief Justice to be replaced by the Lokpal chief

  • No sanction is required for prosecution of public servants

  • No separation of prosecution and investigative wings of CBI, as was earlier suggested by some parties

  • CBI will report to Lokpal on cases referred to it by the ombudsman

  • Lokpal has the right to conduct preliminary inquiry through an inquiry wing, made up of police officers

  • Lokpal can refer cases to other agencies like the Central Vigilance Commission (CVC)

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