Salient features of amendments to lokpal
and lokayuktas bill 2011 approved by the cabinet on January 31, 2013 are as below:-
Ø
Collegium for Selection of Lokpal: The Bill provides
for selection of Members of Lokpal by a Selection
Committee comprising the Prime Minister, Speaker (Lok
Sabha), Leader of Opposition (Rajya
Sabha), Cheif Justice of
India or a Supreme Court judge nominated by CJI and an eminent jurist nominated
by the President. The Select Committee
has recommended that the fifth member of the Selection Committee (i.e., eminent
jurist) may be nominated by the President on the basis of recommendation of the
first four members of the Selection Committee. Government has accepted this
recommendation.
Ø
Jurisdiction over
bodies receiving donations from public: The Select Committee has recommended
exclusion of bodies and institutions receiving donations from the public from
the purview of Lokpal. Government has decided to exempt only such
bodies or authorities established, constituted or appointed by or under any
Central or State or Provincial Act providing for administration of public
religious or charitable trusts or endowments or societies for religious or
charitable purposes registered under the societies Registration Act. Other non governmental bodies receiving
donation from the public would thus remain within the purview of Lokpal.
Ø
Power to order
investigation straight away: Select Committee has recommended that the Lokpal should be given power to order an investigation
straightaway (without first ordering a preliminary inquiry) in case Lokpal finds that a prima facie case exists. Government has accepted this recommendation
subject to the modification that the Lokpal should,
before coming to a conclusion that there exists a prima facie case for
entrusting the matter for investigation, call for the explanation of the public
servant and then decide whether there exists a prima facie case for ordering
investigation.
Ø
Opportunity of
Hearing to public servant: The Select Committee has recommended that the
seeking of comments from the public servant during the preliminary inquiry by
the investigating agency should not be mandatory [clause 20 (2)]. Committee has also recommended that the
opportunity of hearing by Lokpal before ordering
investigation may be dispensed with [clause 20 (3)]. The affording of an opportunity to the public
servant and to the government/competent authority at the preliminary inquiry
stage and before ordering formal investigation would help clear doubts in
several cases and would substantially reduce the number of cases going for
regular investigation. Therefore, Government has
decided not to accept this recommendation of the Select Committee and move an
official amendement for the purpose.
Ø
Power to order
prosecution of public servants: The Select Committee has recommended that the
power to grant sanction for prosecution of public servants could be shifted to
the Lokpal in place of the Government. The Select Committee has also recommended
that Lokpal may be required to seek comments of the
competent authority and the public servant before taking such decision. Government has decided to accept this
recommendation of the Select Committee.
Ø
Strengthening of CBI: The Select Committee
has recommended a number of amendments in the Bill for strengthening the
CBI. These include-
(i)
The setting up of a Directorate of
prosecution headed by a Director of Prosecution under the overall control of
Director, CBI;
(ii)
The appointment of the Director of
Prosecution on the recommendation of the Central Vigilance Commission;
(iii)
Maintenance of a panel of advocates by
CBI, other than the Government Advocates, with the consent of the Lokpal for handling Lokpal
referred cases;
(iv)
Provision of adequate funds to CBI for
investigating cases referred by Lokpal;
(v)
Transfer of officers of CBI
investigating cases referred by Lokpal with the
approval of Lokpal.
Government
has decided to accept all these recommendations except the last one, i.e.,
seeking approval of Lokpal for transfer of officers of CBI investigating
cases referred by the Lokpal , which is proposed not
to be accepted as it would affect the smooth functioning of the CBI.
Other
salient features of the Bill
Ø
Powers of supervision
over CBI :
The Bill confers powers of superintendence on the Lokpal
over the Delhi Special Police Establishment (CBI) in respect of matters
referred by the Lokpal for inquiry/investigation.
Ø
Appointment of
Director, CBI:
A high powered Committee chaired by the Prime Minister will recommend
selection of the Director, CBI.
Ø
Attachment/confiscation
of ill-gotten property: The Bill contains provisions for
attachment/confiscation of property acquired by corrupt means, even while
prosecution is pending.
Ø
Enhancement of
punishments under Prevention of Corruption Act: The Bill proposes to
enhance punishments under Prevention of Corruption Act:
(a) Maximum punishment from 7 years to 10 years
(b) Minimum punishment from 6 months to 2 years.
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KSD/SAMIR/RV