The Lokpal Bill,then and now

Bill: Said it will only be applicable to states that give consent.

Select committee: Lokayukta mandatory for all states,which have the freedom to determine the specifics depending on their requirements.

Cabinet: Accepted. State must set up Lokayuktas within 365 days from the date of the Act.

Eligibility & appointment

Bill: Lokpal chairperson or members shall not be connected with any political party; one member will be an eminent jurist nominated by President.

Select committee: Replace the word “connected” with “affiliated”; one member will be an eminent jurist nominated by the President.

Cabinet: Accepted.

Jurisdiction

Bill: Includes societies,trusts and associations that receive donations from the public over a specified annual amount; those that receive foreign donations over Rs 10 lakh a year.

Select committee: Exclude organisations that receive public donations from the public over a certain specified annual amount.

Cabinet: Not accepted. Exclude only public religious or charitable trusts,and endowments or societies for religious or charitable purposes.

Probe procedure

Bill: If Lok Pal decides to proceed on a complaint,it shall order a preliminary inquiry by the inquiry wing or any other investigative agency.

Select committee: If it decides to proceed,it shall either order a preliminary inquiry,or if a prima facie case already exists it may order an investigation by any investigative agency.

Cabinet: Accepted with modification. The Lokpal should,before concluding there is a prima facie case,call for an explanation from the public servant,and order an investigation only after that.

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Bill: During inquiry,comments of the public servant and competent authority shall be obtained; the public servant shall be given an opportunity of being heard.

Select committee: Replace “shall be obtained” with “may be obtained”; delete provision for giving an opportunity of being heard.

Cabinet: Not accepted.

CBI

Bill: Government to appoint director of CBI on the recommendation of PM,Leader of Opposition in Lok Sabha,and CJI or an SC judge.

Select committee: Appointment of director (2-year term) by a collegium comprising PM,Leader of Opposition and CJI; when cases referred by Lok Pal,power of superintendence over CBI shall vest in Lok Pal; CBI officers investigating such cases can be transferred only with Lok Pal’s approval; for these cases CBI may appoint a panel of advocates (other than government advocates) with Lok Pal’s consent; CBI to have separate directorate of prosecution whose director (2-year term) will be appointed by CVC recommendation.

Cabinet: Accepted all recommendations except the one that requires Lok Pal’s approval for transfer of officers.

Source: PRS Legislative Research

PROGRESS REPORT

*December 27,2011: Lok Sabha passes Lok Pal and Lokayuktas Bill,2011

*May 21,2012: Rajya Sabha refers it to a select committee

November 23: Select committee tables its report

*January 31,2013: Cabinet accepts some,rejects some recommendations of select committee

*August 2: Government circulates amendments