In
the run up to the Budget session of Parliament, the Cabinet has decided to accept some of the key recommendations of the Select Committee on the Lokpal and Lokayuktas Bill, 2011. The Bill, passed by the Lok Sabha
in December 2011, was referred to a Select Committee by the Rajya Sabha. The Select Committee gave its recommendations on the Bill
a year later in November 2012. At the Cabinet meeting held on January 31, 2013,
the government has accepted some of these recommendations (see here for PRS comparison
of the Bill, Select Committee recommendations and the approved amendments).
Key approved amendments
Lokayuktas: One of the most contentious issues in the Lokpal
debate has been the establishment of Lokayuktas at the state level. The Bill
that was passed by the Lok Sabha gave a detailed structure of the Lokayuktas.
However, the Committee was of the opinion that while each state has to set up a
Lokayukta within a year of the Act coming into force, the nature and type of
the Lokayuktas should be decided by the states. The Cabinet has agreed with the
suggestion of the Committee.
Inclusion of NGOs: Currently, “public servant” is
defined in the Indian Penal Code to include government officials, judges,
employees of universities, Members of Parliament, Ministers etc. The Bill
expanded this definition by bringing societies and trusts which receive
donations from the public (over a specified annual income) and, organizations
which receive foreign donations (over Rs 10 lakh a year) within the purview of
the Lokpal. The Committee had however objected to the inclusion of
organisations that receive donations from the public on the ground that bodies
such as a rotary club or a resident’s welfare association may also be covered
under the Lokpal. Bringing such entities within the Lokpal’s purview would make
it unmanageable. The Cabinet decided not to accept this recommendation stating
that this view had been accepted by the Standing Committee while examining the
version of the Bill introduced in the Lok Sabha. However, the government has
exempted trusts or societies for religious or charitable purposes registered
under the Societies Registration Act.
Procedure of inquiry and investigation: A key recommendation of the
Committee was to allow the Lokpal to directly order an investigation if a prima
facie case existed (based on the complaint received). The Cabinet has accepted
this suggestion but suggested that the Lokpal should, before deciding that a
prima facie case exists, call the public servant for a hearing. An
investigation should be ordered only after hearing the public servant. Also,
the Cabinet has not accepted the recommendation of the Committee that a public
servant should be allowed a hearing only at the end of the investigation before
filing the charge-sheet and not at any of the previous stages of the inquiry.
Power to grant sanction: One of the key reasons cited for
delays in prosecuting corrupt public officials is the requirement of a sanction
from the government before a public servant can be prosecuted. The Bill shifts the power to grant
sanction from the government to the Lokpal. It states that the investigation
report shall be considered by a 3-member Lokpal bench before filing a
charge-sheet or initiating disciplinary proceedings against the public servant.
The Committee recommended that at this point both the competent authority (to
whom the public servant is responsible) and the concerned public servant should
be given a hearing. This has been accepted by the Cabinet.
Reforms of CBI: There are divergent views over the role and
independence of the CBI. The Committee made several recommendations for
strengthening the CBI. They include: (a) the appointment of the Director of CBI
will be through a collegium comprising of the PM, Leader of the Opposition of
the Lok Sabha and Chief Justice of India; (b) the power of superintendence over
CBI in relation to Lok Pal referred cases shall vest in the Lokpal; (c) CBI
officers investigating cases referred by the Lokpal will be transferred with
the approval of the Lokpal; and (d) for cases referred by the Lokpal, the CBI
may appoint a panel of advocates (other than government advocates) with the
consent of the Lok pal. All the recommendations regarding the CBI has been
accepted by the Cabinet except one that requires the approval of the Lokpal to
transfer officers of CBI investigating cases referred by the Lokpal.
Eligibility of Lokpal member: According to the Bill, any person connected with a political party cannot be a
member of the Lokpal. The Committee’s recommendation was to change the term connected to affiliated to remove any ambiguity about the
meaning. This suggestion was accepted by the government.
Now the interesting question is what happens if the Rajya Sabha passes
the Bill with these amendments. The Bill will have to go back to the Lok Sabha
for its approval since new amendments were added by the Rajya Sabha. If the Lok
Sabha passes these amendments, the office of the Lokpal may finally see the
light of day
