* Lokpal will have power of superintendence and direction over any
central investigation agency including CBI for cases referred to them by
the ombudsman.
* A high-powered committee chaired by the PM will
recommend selection of CBI director. The collegium will comprise PM,
leader of opposition in Lok Sabha and Chief Justice of India PM has been
brought under purview of the Lokpal, so also central ministers and
senior officials.
* Directorate of prosecution will be under overall control of CBI director. At present, it comes under law ministry.
* Appointment of director of prosecution to be based on recommendation of the Central Vigilance Commission.
* Director of prosecution will also have a fixed tenure of two years like CBI chief.
* Transfer of CBI officers investigating cases referred by Lokpal with the approval of watchdog.
* Bill incorporates provisions for attachment and confiscation of
property acquired by corrupt means, even while prosecution is pending.
* Bill lays down clear timelines for preliminary enquiry and
investigation and trial. Provides for special courts Public servants
will not present their view before preliminary enquiry if the case
requires 'element of surprise' like raids and searches.
* Bill grants powers to Lokpal to sanction prosecution against public servants.
* CBI may appoint a panel of advocates with approval of Lokpal, CBI will not have to depend on govt advocates.
Important features
Lokpal will consist of a chairperson and a maximum of eight members, of
which 50% will be judicial members 50% members of Lokpal shall be from
SC/ST/OBCs, minorities and women Selection of chairperson and members of
Lokpal through a selection committee consisting of PM, Speaker of Lok
Sabha, leader of opposition in Lok Sabha, Chief Justice of India or a
sitting Supreme Court judge nominated by CJI Eminent jurist to be
nominated by President of India on basis of recommendations of the first
four members of the selection committee "through consensus" Lokpal's
jurisdiction will cover all categories of public servants All entities
(NGOs) receiving donations from foreign source in the context of the
Foreign Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per
year are under the jurisdiction of Lokpal Centre will send Lokpal bill
to states as a model bill, states have to set up Lokayuktas through a
state law within 365 days
Points of discord on Lokpal
Aam Aadmi Party and NCPRI have said the Lokpal bill passed by
Parliament is a "sarkari jokepal'' that does not adhere to the
resolution which Parliament passed in August 2011 besides raising other
concerns.
Lokpal's appointment
Govt |
Lokpal will be selected by 5 members (PM, leader of opposition in LS,
Speaker, CJI and one jurist nominated by these four) AAP | Majority of
those who will select Lokpal will be from the political class who will
have a vested interest in a weak Lokpal. Jan Lokpal had recommended a
7-member committee including 2 SC judges, 2 HC judges, one nominee of
CAG+CVC+CEC, PM and LoP.
Lokpal's removal
Govt | Only govt or 100 MPs can complain to SC. AAP | Will keep removal
under political control. Jan Lokpal said any citizen can complain and
seek any Lokpal member's removal.
Investigating machinery
Govt | Lokpal would
have to get complaints probed by any investigating agency, including
the CBI, all of which would continue to remain under the administrative
control of govt. AAP & NCPRI | CBI officers' transfers, postings
will be under govt control compromising independence of the
investigative machinery. CBI should be under the Lokpal's administrative
control.
Ambit of the Lokpal
Govt |
Judiciary excluded and MPs' actions in respect of speeches and vote in
Parliament excluded. AAP & NCPRI | Include all public servants
including judges and MPs in discharging public duties.
Whistleblower's protection
Govt | Absent from govt law. AAP & NCPRI | Protection for whistleblowers must be addressed in this law or a separate one.
Citizen's charter
Govt | Absent from govt law. AAP & NCPRI | This was part of the
resolution passed by Parliament in August 2011 and must be adhered to.
Lokayuktas
Govt | Have been left to the discretion of state govts. AAP & NCPRI
| Bill should have been a model legislation for states to adopt
mandatorily.
Frivolous complaints
Govt |
Any person making a false complaint can be jailed for up to 5 years.
AAP | Penalty for frivolous complaint is up to Rs 1 lakh; no
imprisonment.
source:TNN