Discussions on Lokpal Bill are likely to begin in the Lok Sabha on Tuesday. The revised Bill was introduced in the House yesterday by the Minister of State in the Prime Minister's Office, Mr. V. Narayanasamy.
Even before the Bill was formally introduced in the House, the leader of Opposition Mrs. Sushma Swaraj described the mandatory Constitution of State Lokayuktas as against the spirit of the federal structure of the Constitution.She said her party will move an amendment motion against this.
Responding to her concerns, the leader of the House and Finance Minister, Pranab Mukherjee rejected the charge that the Bill was brought in haste. He urged the members to discuss the pros and cons of the Bill during the debate. The Finance Minister gave the details of the discussions held for preparation of this comprehensive legislation and referred to the agitation launched by civil society groups.
Members from SP, RJD and Shiv Sena opposed the Bill. Members belonging to BJD and JD (U) said that the proposal for establishing state Lokayuktas is against the federal structure of the Constitution.
The anti-graft Bill provides for Constitutional status to Lokpal and the Lokayuktas. The Lokpal will have superintendence over the cases referred to CBI. It will have the powers to carry out preliminary investigation and will also have a Prosecution Wing.
The Lokpal institution will be headed by the Chairperson and a maximum number of eight Members. Fifty per cent of them will be judicial Members. The Bill proposes 50 per cent reservation for the Scheduled Castes, Scheduled Tribes, OBCs, Women and Minorities in the Lokpal Bench and in the Search Committee.
The Lokpal and the Members will be selected by a Committee consisting of the Prime Minister, Lok Sabha Speaker, Leader of the Opposition in the Lok Sabha, Chief Justice of India or a Supreme Court Judge nominated by him and a Jurist of eminence, nominated by the President.
The Prime Minister will be under the purview of the Lokpal with certain safeguards that will keep out aspects like international relations, public order, atomic energy, space, and internal & external security from the inquiry.
The probe on any complaint against the Prime Minister will be decided by the full Bench, of which at least three-fourth should agree. The probe will be confidential. If a complaint is dismissed, the concerned records will not be made public. Another important provision in the Bill is the change in the mode of appointment of the CBI Director.
The Lokpal Bill provides for an Appointment Committee consisting of the Prime Minister, Leader of the Opposition in the Lok Sabha and the Chief Justice of India or a Supreme Court Judge. The Lokpal can also ask the CBI to conduct the initial inquiry, to be completed within 180 days.
The Lokpal may refer complaints against specified categories of public servants to the Central Vigilance Commission. The Commission will send its report of preliminary inquiry in respect of Group A and Group B Officers back to Lokpal for further decision. In respect of Group C and Group D employees, the Commission shall take action under its own powers.
The Bill seeks to establish a more effective mechanism to receive complaints about allegations of corruption against public servants including Ministers, MPs, Chief Ministers, Members of Legislative Assemblies and public servants as a policy of zero tolerance against corruption.
The Bill also provides for constitution of state Lokayuktas across the country.
AIR correspondent reports, according to the financial memorandum attached with 'The Lokpal and Lokayuktas Bill, 2011', the anti-corruption body is expected to incur an expenditure of 200 crore rupees in a financial year.
