I am reproducing the full text of the 2013 Lokpal Bill,India in pdf.
Also excerpts and the implications in the Public interest.
”
IMPORTANT DIFFERENCES BETWEEN THE JAN LOKPAL BILL & THE BILL NOW PROPOSED
As per Govt’sLokpal Bill As per Jan Lokpal Bill
Appointment: Lokpal will be selected 5 members:
by PM, Leader of Opposition, Speaker, CJI, and one
jurist nominated by these 4.
(thus majority of those who will select Lokpal will
be from the political class, who themselves will
need to be investigated by the Lokpal)
Lokpal will be appointed by a 7 member
committee, consisting of 2 SC judges, 2 HC judges,
1 nominee of CAG+CVC+CEC, PM and Leader of
Opposition
Removal: For removal, only the Govt, or 100 MPs
can make a complaint to the SC.
(thus rendering the removal largely under control
of the government and the political class, and
compromising its independence)
Any citizen can complain to the SC seeking removal
of any member of Lokpal.
Investigating machinery: The Lokpal would have
to get the complaints investigated by any
investigating agency, including the CBI, all of which
would continue to remain under the
administrative control of the government. The
transfer, postings and post-retirement jobs of CBI
officers would be under the control of the govt,
thus compromising the independence of the
The CBI will be brought under the administrative
control of the Lokpal, so that the investigating
machinery can be made independent of the
government. investigative machinery.
Whistleblower protection: Not mentioned in the
government’s bill.
The Jan Lokpal Bill includes provisions for
protection of whistleblowers.
Citizens Charter: Not mentioned in the
government bill.
(this was one of the unanimous assurances made
by parliament to Anna Hazare when he broke his
fast in August 2011)
The Jan Lokpal instituted a mechanism for
prosecution of government officials if they failed
to fulfill their duties under the citizens charter,
which was to be created in this Bill.
Lokayuktas in the State: Have been left to the
discretion of the state governments.
(this was one of the unanimous assurances made
by parliament to Anna Hazare when he broke his
fast in August 2011)
The Jan Lokpal bill sought to create a Lokayukta
along the same lines as the one at the center.
Frivolous Complaints: Any person making a false
or frivolous complaint could be jailed for up to 1
year, which will deter even honest complainants
from going to the Lokpal.
There was a penalty up to Rs. 1 lakh, but no
provision for imprisonment.
Ambit of the Lokpal: Judiciary excluded
completely and MPs excluded in respect of their
votes and speeches in Parliament.
Included all public servants, including judges and
MPs, with regard to all their public duties.”
The Bill Text excerpts. You may visit the New Indian Express for full version.
”
Bill No. 134 of 2011
THE LOKPAL AND LOKAYUKTAS BILL, 2011
ARRANGEMENT OF CLAUSES
PART I – PRELIMINARY
1. Short title, extent, application and commencement.
PART II – LOKPAL FOR THE UNION
CHAPTER I: DEFINITIONS
2. Definitions.
CHAPTER II: ESTABLISHMENT OF LOKPAL
3. Establishment of Lokpal.
4. Appointment of Chairperson and Members on recommendations of Selection Committee.
5. Filling of vacancies of Chairperson or Members.
6. Term of office of Chairperson and Members.
7. Salary, allowances and other conditions of service of Chairperson and Members.
8. Restriction on employment by Chairperson and Members after ceasing to hold office.
9. Member to act as Chairperson or to discharge his functions in certain circumstances.
10. Secretary, other officers and staff of Lokpal.
CHAPTER III: INQUIRY WING
11. Inquiry Wing.
CHAPTER IV: PROSECUTION WING
12. Prosecution Wing.
CHAPTER V: EXPENSES OF LOKPAL TO BE CHARGED ON CONSOLIDATED FUND OF INDIA
13. Expenses of Lokpal to be charged on Consolidated Fund of India.
CHAPTER VI: JURISDICTION IN RESPECT OF INQUIRY
14. Jurisdiction of Lokpal to include Prime Minister, Ministers, Members of Parliament, Groups A, B, C and D officers and officials of Central Government.
15. Matters pending before any court or committee or authority for inquiry before Lokpal not to be affected.
16. Constitution of benches of Lokpal.
(ii)
17. Distribution of business amongst Benches.
18. Power of Chairperson to transfer cases.
19. Decision to be by majority.
CHAPTER VII: PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION
20. Provisions relating to complaints and preliminary inquiry and investigation.
21. Persons likely to be prejudicially affected to be heard.
22. Lokpa1 may require any public servant or any other person to furnish information, etc.
23. Previous sanction not necessary for investigation and initiating prosecution by Lokpal in certain cases.
24. Action on investigation against public servant being Prime Minister, Ministers or Members of Parliament.
CHAPTER VIII: POWERS OF LOKPAL
25. Supervisory powers of Lokpal.
26. Search and seizure.
27. Lokpal to have powers of civil court in certain cases.
28. Power of Lokpal to utilise services of officers of Central or State Government.
29. Provisional attachment of assets.
30. Confirmation of attachment of assets.
Sources:
http://www.newindianexpress.com/resources/Full-Text-of-the-Lokpal-Bill/2013/12/18/article1952304.ece
Download pdf from the Link below.
http://www.annahazare.org/pdf/Jan%20lokpal%20bill%20by%20Expert%20(Eng).pdf
Lokpal Bill in Hindi at http://ebookbrowsee.net/lokpal-bill-hindi-pdf-d197777856
You must be logged in to post a comment.