The Lokayukta Khanduri wanted,and the Lokayukta Modi wants

Uttarakhand will rework its bill based on Lokpal Bill,Gujarats pending bill grants limited powers.

Earlier this month,Narendra Modi referred to the Uttarakhand Lokayukta Bill,2011,during a speech in Dehradun,questioning why the Congress government in the state has been sitting on the bill,passed while the BJP was in power and since cleared by the President.

The current government,however,would rather incorporate the provisions of the Lokpal Bill passed in Parliament than settle for what the previous government cleared. Chief Minister Vijay Bahuguna has said Uttarakhand would adopt the central law.

In Modis Gujarat,too,the Lokayukta Commission Bill of 2013 has been pending amid a dispute between the government and the governor,who feels the bill underplays the role of the Gujarat chief justice and makes the chief minister the supreme authority in the appointment of the Lokayukta. With minor changes,and still giving limited powers to the Lokayukta,the government passed the bill a second time in the monsoon session and sent it back to the governor,with whom it is pending. In November,retired judge D P Buch was appointed Lokayukta under the existing Gujarat Lokayukta Act of 1986.

In terms of independence and powers of investigation,the bill of the B C Khanduri-led BJP government in Uttarakhand provides for stronger powers than the new Gujarat bill does:

STRUCTURE

Uttarakhand: Lokayukta is an institution headed by a chairperson and with five to seven members.

Gujarat: It is a commission,headed by a Lokayukta and with up to four Upa-lokayuktas.

PURVIEW

Uttarakhand: Officials of all government and semi-government bodies,the lower judiciary,the chief minister and former chief ministers,all MLAs including ministers.

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Gujarat: Chief minister,other ministers,state public servants,officials in local authority,university,board or corporation owned and run by state.

SELECTION

Uttarakhand: By a committee of seven persons,only two of them part of the state government. A search committee of five members nominated by the selection committee will invite nominations and prepare a shortlist.

Gujarat: By a selection committee comprising the CM as chairperson,assembly speaker and leader of opposition,law minister,vigilance commissioner,and a representative of the high court chief justice. Provision for a search committee that will prepare a panel of candidates.

INVESTIGATION

Uttarakhand: Lokayukta will be independent of the government in investigation and prosecution.

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Gujarat: Lokayukta Aayog to use the services of any government officers or investigating agency in consultation with the government.

DEADLINES

Uttarakhand: Investigation to be completed within six months and in very special cases 12 months. Trial in special courts should ordinarily take six months,extendable by six months in extraordinary cases.

Gujarat: Maximum six months for completion of inquiry.

PUNISHMENT

Uttarakhand: Imprisonment from six months to 10 years. In rarest of rare cases,the punishment may extend to life imprisonment.

Gujarat: No powers of punishment yet. Lokayukta has to submit its investigation report to the government.

Seizure

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Uttarakhand: Lokayukta will have powers to search,attach/confiscate wealth; and also fine persons found involved in corruption to recover losses to the governmen .

Gujarat: No such powers yet.

ACCOUNTABILITY

Uttarakhand:Appraisal by a committee of legislative assembly,audit by CAG,publication of monthly and annual reports,and provisions for removal of chairperson and members on the grounds of misconduct,misbehaviour or incapacity after an inquiry by Supreme Court. A provision for a separate,independent authority to probe complaints against officers and staff of Lokayukta and to punish them.

Gujarat: Lokayukta or Upa-lokayukta can be removed by an order of the governor on the grounds of misbehavior or incapacity after an inquiry by the high court chief justice or any high court judge nominated by the chief justice.