The Union Cabinet has approved the proposals
submitted by the Department of Personnel & Training for moving
official amendments to the Lokpal and Lokayuktas Bill, 2011 as reported
by the Select Committee of Rajya Sabha.
The Lokpal and Lokayuktas Bill, 2011 was passed by the Lok Sabha on 27th
December, 2011. The Bill was taken up for discussion and passing in the
Rajya Sabha on 29.12.2011. Discussions remained inconclusive.
Thereafter, the Rajya Sabha adopted a motion on 21.05.2012 to refer the
Bill to a Select Committee of the Rajya Sabha for examination and
report.
The Select Committee submitted its report to the Rajya Sabha on
23.11.2012. The Select Committee has, in its Report, made
recommendations suggesting amendments to Clause 3(4), 4(1 )(e),
14(1)(g), 14(1)(h), 20(1), 20(2), 20(3), 20(5), 20(6), 20(7), 20(8), 23,
25, 37, 46, 63-97 and Part-II of the Schedule. The Committee has also
recommended consequential amendments in other provisions of the Bill as
may be necessary.
Significantly, the Committee has recommended to do away with Part-III of
the Bill which deals with setting up of the Lokayukta in the States.
The Committee has recommended replacement of Part-Ill of the Bill with a
new Section 63 which provides for setting up of the institution of
Lokayukta through enactment of a law by the State Legislature within a
period of 365 days from the date of commencement of the Act. Government
has decided to accept this recommendation.
Some of the other important recommendations made by the Committee and
decisions taken by the Government on them are as follows:
(a) In clause 3(4) of the Bill (dealing with disqualifications for
becoming Member of Lokpal), the Select Committee has recommended that
the words "connected with any political party" may be replaced by the
words "affiliated with any political party", so as to overcome the
ambiguity associated with the word "connected with any political
party`". Government has decided to accept this recommendation.
(b) In clause 4(1 )(e) of the Bill (composition of the Selection
Committee for selection of Lokpal), 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 (viz.. Prime Minister,
Speaker (Lok Sabha), Leader of Opposition (Lok Sabha) and Chief Justice
of India). Government has decided to accept this recommendation.
(c) The Select Committee has recommended exclusion of bodies and
institutions receiving donations from the public from the purview of
Lokpal. Since bodies receiving donations from the public were also
covered in the original Lokpal Bill, 2011 and the Department related
Parliamentary Standing Committee had also endorsed this inclusion and
had additionally, recommended the inclusion of entities receiving
donations from foreign sources under the Foreign Contributions
Regulation Act (FCRA), Government has decided not to accept this
recommendation and seek an official amendment in the Bill as reported by
the Select Committee. However, having regard to Section 10(23BBA) of
the Income Tax Act (regarding exemption of income of bodies /authorities
established under Central or Provincial Act for administration of
public religious or charitable trusts or endowments or societies for
religious or charitable purposes registered under Societies Registration
Act), 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.
(d) In clause 20(1) of the Bill, the Select Committee has
recommended that the Lokpal should be given the power to order an
investigation straightaway (without first ordering a preliminary
inquiry) in case Lokpal finds that a prima facie case exists. Government
has decided to accept 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 only then decide whether there
exists a prima facie case for ordering investigation.
(e) The Committee has recommended that in clause 20(2) of the Bill, the
seeking of comments from the public servant during the preliminary
inquiry should not be mandatory and has accordingly suggested the
addition of the word "may" in the said clause. As the affording of an
opportunity to the public servant and to the government/competent
authority at this stage, would help clear doubts in several cases and
would substantially reduce the number of cases going for regular
investigation. Government has decided to oppose this recommendation of
the Select Committee and move an official amendment for the purpose.
Similar recommendation of the Select Committee to dispense with
opportunity of hearing to the public servant before ordering regular
investigation by the Lokpal in clause 20(3) of the Bill, is also
proposed not to be accepted.
(f) 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.
(g) The Select Committee has recommended a number of amendments in
the Bill with a view to strengthening the Central Bureau of
Investigation (CBI), including (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 Government
Advocates, with the consent of the Lokpal for handling Lokpal referred
cases, (iv) transfer of officers of CBI investigating cases referred by
Lokpal with the approval of Lokpal, (v) provision of adequate funds to
CBI for investigating cases referred by Lokpal, etc. Government has
decided to accept all these recommendations except one. i.e. seeking
approval of Lokpal for transfer of officers of CBI investigating cases
referred by Lokpal, as it would, in Government`s view, affect the smooth
functioning of the CBI.
Source : PIB Release, 31 Jan, 2013
