BJP Lokpal Bill drafts: Wanted PM,little else

Although the BJP has been silent on the specifics of the proposed Lokpal Bill,a look at the two similar Bills that the National Democratic Alliance.

Although the BJP has been silent on the specifics of the proposed Lokpal Bill,a look at the two similar Bills that the National Democratic Alliance (NDA) government had introduced in 1998 and 2001 gives an indication about the main opposition partys idea of a Lokpal Bill.

The NDAs 1998 draft had brought the Prime Minister under the Lokpal ambit,but the 2001 draft nuanced it a little,excluding his acts related to national security and maintenance of public order from the Lokpal purview.

The NDA Bills proposed to cover every public functionary who holds or has held the office of the PM,Minister,Minister of State or Deputy Minister of the Union or who is or has been an MP. The NDA never proposed inclusion of the higher judiciary. In fact,the 2001 Bill kept out judges of the Supreme Court and Election Commissioners.

There was no mention of the conduct of MPs within Parliament either in the NDA drafts.

While the UPA government suggested that officers of the rank of Joint Secretary and above should be covered,the NDA drafts said the Lokpal may inquire into any act or conduct of any person other than a public functionary,in so far as it considers it necessary to do so for the purpose of its inquiry into any such allegation.

The UPA governments draft proposed declaration of assets by ministers and MPs,but the NDA drafts did not have any such provision.

NDA drafts vs UPA BILL

POWERS: NDA Bills suggested that Lokpal should have quasi-judicial powers of a civil court. The UPA proposes an investigation wing for Lokpal with police powers and a prosecution wing,and says he will have powers to attach proceeds of corruption.

Story continues below this ad

TENURE: NDA Bills fixed a three-year tenure or until attaining the age of 70,whichever is earlier. The UPA draft has fixed a five-year tenure or until attaining the age of 70.

REMOVAL: NDA Bills said he cannot be removed except by an order of the President. For that,misbehaviour or incapacity has to be proved by a committee consisting of Chief Justice of India and two senior-most SC judges. The UPA draft says removal after an SC inquiry on reference by the President.

COMPOSITION: NDA bills said a serving or retired Chief Justice or judge of the SC can be the chairperson. Two members who are serving or retired judges of the SC or chief justices of High Courts. The UPA draft proposes a 11-member body and does not reserve the post for serving or retired judges.

APPOINTMENT: A Vice President-headed committee consisting of PM,Lok Sabha Speaker,Home Minister,Leader of the House other than the House in which the PM is a member and Leaders of the Opposition in both the Houses. The UPA draft has a wider selection panel including a serving SC judge nominated by the CJI and Cabinet Secretary.

Story continues below this ad

COMPLAINTS: NDA Bills says a non-public servant can make a complaint before 10 years from the date of commission of the offence. Inquiries have to completed within six months. UPA draft says inquiry should be completed within a month.