Jan lokpal bill draft (by Anna Hazare supporters)
The Lokpal
The Jan Lokpal Bill proposes the Lokpal to be instituted as a ten member body along with its officers and other employees. The bill provides for the appointment of the Chairperson and members of the Lokpal within six months of enacting the bill. Predictable vacancies in Lokpal are to be filled in advance at least before three months of such vacancy. Unpredictable vacancies are to be filled within one month of such vacancy.
Appointment of the Chairperson and the Members of Lokpal
The draft bill provides that at least four members of the Lokpal must have a legal background. In order to assure that people of integrity are appointed as members of the Lokpal, the bill bars the appointment of any person who has been charge-sheeted under Prevention of Corruption Act or under Indian Penal Code.
Selection Committee
The bill provides for the setting up a selection committee comprising of
- The Chairpersons of both Houses of Parliament
- Two senior most judges of Supreme Court
- Two senior most Chief Justices of High Courts.
- All Nobel Laureates of Indian Origin
- Chairperson of National Human Rights Commission
- Last two Magsaysay Award winners of Indian origin
- Comptroller and Auditor General of India
- Chief Election Commissioner
- Bharat Ratna Award winners
- After the first set of selection process, the outgoing members and Chairperson of Lokpal.
The senior most Justice of Supreme Court shall act as chairperson of the selection committee.
Selection Procedure
- Recommendations shall be invited through open advertisements in prescribed format.
- Each person recommending shall be expected to justify the selection of his candidate giving examples from the past achievements of the candidate.
- The list of candidates along with their recommendations received in the format mentioned above shall be displayed on a website.
- Each member of the selection committee, on the basis of the above material, shall recommend such number of names as there are vacancies.
- A priority list shall be prepared with the candidate receiving recommendations from maximum number of members of selection committee at the top. The candidates recommended by same number of members shall be treated at par.
- This priority list shall be displayed on the website.
- Around three times the names as there are vacancies, shall be shortlisted from the top.
- Public feedback shall be invited on the shortlisted names by putting these names on the website.
- The selection committee may decide to use any means to collect more information about the background and past achievements of the shortlisted candidates.
- Selection committee shall invite shortlisted candidates for discussions, video recordings of which shall be made public.
- All the material obtained so far about the candidates shall be made available to each member of the selection committee in advance. The members shall make their own assessment of each candidate.
- The selection committee shall meet and discuss the material so received about each candidate. The final selections for the Chairperson and members shall be made preferably through consensus. Provided that if three or more members, for reasons to be recorded in writing, object to the selection of any member, he shall not be selected.
- All meetings of selection committee shall be video recorded and shall be made public
The Prime Minister shall recommend the names finalized by the selection committee to the President immediately, who shall order such appointments within a month of receipt of the same.
Powers and Functions of Lokpal
The bill proposes Lokpal to receive complains under Prevention of Corruption Act, complaints of misconduct, grievances and complaints from whistle-blowers. The Lokpal shall also provide protection towhistle blowers.
Lokpal bill draft (tabled by UPA government)
Establishment of Lokpal and the appointment of it's members
An excerpt from Chapter 2, Machinery for Inquiries
4. (1) The Chairperson and Members shall be appointed by the President by warrant under his hand and seal;
(2) Every appointment under sub-section (1) shall be made after obtaining the recommendations of a Committee consisting of -
(a) the Vice-President of India Chairman;
(b) the Prime Minister -member;
(c) the Speaker of the house of the People -member;
(d) the Minister in-charge of the Ministry of Home Affairs in the Government of India -member;
(e) the Minister in-charge of the Ministry of Law and Justice in the Government of India -member;
(f) the Leader of the House other than the House in which the Prime Minister is a member of Parliament -member;
(g) the Leader of the Opposition in the House of the People -member;
(h) the Leader of the Opposition in the Council of States -member;
Provided that in case, there is no Leader of Opposition in the House of the People or the Council of States, the leader of the single largest group or party in opposition to the Government, as the case may be, in such House or Council shall be deemed to be a member of the Committee specified in clause (g) or clause (h), as the case may be;
Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India.
(3) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Committee.
Jurisdiction of the Lokpal and the procedures to be followed
Excerpts from Chapter 3, Jurisdiction and Procedure in respect of inquiries
10. (1) Subject to other provisions of this Act, the Lokpal shall inquire into any matter involved in, or arising from, or connected with, any allegation of corruption made in a memorandum of complaints;
Provided that the Lokpal shall not inquire into any matter involved in, or arising from or connected with, any such allegation of corruption against the Prime Minister in so far as it relates to national security, maintenance of public order, national defense or foreign relations;
Provided that the Lokpal shall not inquire into any matter involved in, or arising from or connected with, any such allegation of corruption against any Member of either House of Parliament unless the recommendation of the Speaker of the House of People or the Chairman of Council of States, as the case may be, is recieved by it.
11. (1) The Lokpal shall not inquire into any matter concerning any person if the Chairperson or any Member has any bias in respect of such matter or person and if any dispute arises in this behalf, the President shall, on an application made by the party aggrieved, obtain, in such manner as may be prescribed, the opinion of the ChiefJustice of India and decide the dispute in confirmity with such opinion.
(2) The Lokpal shall not inquire into any memorandum of complaints if the memorandum of comlpaints is made after the expiry of five years from the date on which the offence mentioned in such memorandum of complaints is alleged to have committed.
12. (1) Any person other than a public servant may make a memorandum of complaints under this Act to the Lokpal.
Provided further that memorandum of complaints in case of Minister, Minister of State, or Deputy Minister of the Union and Member of either House of Parliament shall be made to the Speaker of the House of People or the Chairman of Council of States, as the case may be, and Lokpal shall consider only such memorandum of complaints as are referred to it by the Speaker of the House of People or the Chaiman of Council of States, as the case may be;
13. (1) If the Lokpal is satisfied, after considering a memorandum of complaints and after making such verifications as it seems appropriate that -
(a) the memorandum of complaints is not made within a period of five years as specified in sub-section (2) of section 11; or
(b) the memorandum of complaints is manifestly false and vexatious;
the Lokpal shall dismiss the memorandum of complaints after recording its reasons therfore and communicate the same to the complainant and the competent authority
14. (1) If, after consideration and verification under section 13 in respect of a memorandum of complaints, the Lokpal promises to conduct any inquiry, it-
(a) shall forthwith forward a copy of the memorandum of complaints to the competent authority;
(b) may make such orders as to the safe custody of documents relevant to inquiry as it deems fit; and
(c) shall at such time as it considers appropriate, forward a copy of the memorandum of complaints to the public functionary concerned and afford him an opportunity to represent his case.
(2) Every inquiry shall be conducted by the Chairperson and the Members sitting jointly and place in which such inquiry is conducted shall be deemed to be an open court to which the public generally may have access so far as the same can conveniently contain them;
Provided that in exceptional cicumstances and for reasons to be recorded in writing, such inquiry may be conducted in camera.
(3) The Lokpal shall hold every such inquiry as expeditiously as possible and in any case complete the inquiry within a period of six months from the date of reciept of memorandum of complaints;
Provided that the Lokpal may, for reasons to be recorded in writing, complete the inquiry within a further period of six months.
(4)Save as aforesaid, the procedure for conducting any such inquiry shall be such as the Lokpal considers appropriate in the circumstances of the case.
17. (1) After the conclusion of inquiry, the Lokpal shall determine whether all or any of the offences alleged in the memorandum of complaints have or has been proved to its satisfaction and by report in writing shall communicate its findings to the complainant, the public functionary and the competent authority.
(2) The Speaker, in the case of the Prime Minister or a Member of the House of the People, and the Chairman of the Council of the States, in the case of a Member of that Council shall, as soon as may be, after the reciept of the report under sub-section (1), cause the same to be laid before the House of the People or the Council of States, as the case may be while it is in session, and if the House of the People or the Council of States, as the case may be, is not in session, within a period of one week from the reassembly of the said House or the Council, as the case may be.
(3) The competent authority shall examine the report forwarded to it under sub-section (1) and communicate to the Lokpal, within a period of ninety days from the date of the reciept of the report, the action taken or proposed to be taken on the basis of the report.
(4) The Lokpal shall present annually to the President a consolidated report on the administration of this Act snd the President shall, as soon as may be after and in any case not later than ninety days from the reciept of such report, cause the same, together with an explanatory memorandum, to be laid before each house of Parliament.
Lokpal bill draft (tabled by UPA government)
Establishment of Lokpal and the appointment of it's members
An excerpt from Chapter 2, Machinery for Inquiries
4. (1) The Chairperson and Members shall be appointed by the President by warrant under his hand and seal;
(2) Every appointment under sub-section (1) shall be made after obtaining the recommendations of a Committee consisting of -
(a) the Vice-President of India Chairman;
(b) the Prime Minister -member;
(c) the Speaker of the house of the People -member;
(d) the Minister in-charge of the Ministry of Home Affairs in the Government of India -member;
(e) the Minister in-charge of the Ministry of Law and Justice in the Government of India -member;
(f) the Leader of the House other than the House in which the Prime Minister is a member of Parliament -member;
(g) the Leader of the Opposition in the House of the People -member;
(h) the Leader of the Opposition in the Council of States -member;
Provided that in case, there is no Leader of Opposition in the House of the People or the Council of States, the leader of the single largest group or party in opposition to the Government, as the case may be, in such House or Council shall be deemed to be a member of the Committee specified in clause (g) or clause (h), as the case may be;
Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India.
(3) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Committee.
Jurisdiction of the Lokpal and the procedures to be followed
Excerpts from Chapter 3, Jurisdiction and Procedure in respect of inquiries
10. (1) Subject to other provisions of this Act, the Lokpal shall inquire into any matter involved in, or arising from, or connected with, any allegation of corruption made in a memorandum of complaints;
Provided that the Lokpal shall not inquire into any matter involved in, or arising from or connected with, any such allegation of corruption against the Prime Minister in so far as it relates to national security, maintenance of public order, national defense or foreign relations;
Provided that the Lokpal shall not inquire into any matter involved in, or arising from or connected with, any such allegation of corruption against any Member of either House of Parliament unless the recommendation of the Speaker of the House of People or the Chairman of Council of States, as the case may be, is recieved by it.
11. (1) The Lokpal shall not inquire into any matter concerning any person if the Chairperson or any Member has any bias in respect of such matter or person and if any dispute arises in this behalf, the President shall, on an application made by the party aggrieved, obtain, in such manner as may be prescribed, the opinion of the ChiefJustice of India and decide the dispute in confirmity with such opinion.
(2) The Lokpal shall not inquire into any memorandum of complaints if the memorandum of comlpaints is made after the expiry of five years from the date on which the offence mentioned in such memorandum of complaints is alleged to have committed.
12. (1) Any person other than a public servant may make a memorandum of complaints under this Act to the Lokpal.
Provided further that memorandum of complaints in case of Minister, Minister of State, or Deputy Minister of the Union and Member of either House of Parliament shall be made to the Speaker of the House of People or the Chairman of Council of States, as the case may be, and Lokpal shall consider only such memorandum of complaints as are referred to it by the Speaker of the House of People or the Chaiman of Council of States, as the case may be;
13. (1) If the Lokpal is satisfied, after considering a memorandum of complaints and after making such verifications as it seems appropriate that -
(a) the memorandum of complaints is not made within a period of five years as specified in sub-section (2) of section 11; or
(b) the memorandum of complaints is manifestly false and vexatious;
the Lokpal shall dismiss the memorandum of complaints after recording its reasons therfore and communicate the same to the complainant and the competent authority
14. (1) If, after consideration and verification under section 13 in respect of a memorandum of complaints, the Lokpal promises to conduct any inquiry, it-
(a) shall forthwith forward a copy of the memorandum of complaints to the competent authority;
(b) may make such orders as to the safe custody of documents relevant to inquiry as it deems fit; and
(c) shall at such time as it considers appropriate, forward a copy of the memorandum of complaints to the public functionary concerned and afford him an opportunity to represent his case.
(2) Every inquiry shall be conducted by the Chairperson and the Members sitting jointly and place in which such inquiry is conducted shall be deemed to be an open court to which the public generally may have access so far as the same can conveniently contain them;
Provided that in exceptional cicumstances and for reasons to be recorded in writing, such inquiry may be conducted in camera.
(3) The Lokpal shall hold every such inquiry as expeditiously as possible and in any case complete the inquiry within a period of six months from the date of reciept of memorandum of complaints;
Provided that the Lokpal may, for reasons to be recorded in writing, complete the inquiry within a further period of six months.
(4)Save as aforesaid, the procedure for conducting any such inquiry shall be such as the Lokpal considers appropriate in the circumstances of the case.
17. (1) After the conclusion of inquiry, the Lokpal shall determine whether all or any of the offences alleged in the memorandum of complaints have or has been proved to its satisfaction and by report in writing shall communicate its findings to the complainant, the public functionary and the competent authority.
(2) The Speaker, in the case of the Prime Minister or a Member of the House of the People, and the Chairman of the Council of the States, in the case of a Member of that Council shall, as soon as may be, after the reciept of the report under sub-section (1), cause the same to be laid before the House of the People or the Council of States, as the case may be while it is in session, and if the House of the People or the Council of States, as the case may be, is not in session, within a period of one week from the reassembly of the said House or the Council, as the case may be.
(3) The competent authority shall examine the report forwarded to it under sub-section (1) and communicate to the Lokpal, within a period of ninety days from the date of the reciept of the report, the action taken or proposed to be taken on the basis of the report.
(4) The Lokpal shall present annually to the President a consolidated report on the administration of this Act snd the President shall, as soon as may be after and in any case not later than ninety days from the reciept of such report, cause the same, together with an explanatory memorandum, to be laid before each house of Parliament.
