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Monday, December 16, 2013

Lokpal Bill -Key Provisions


The Lokpal Bill creates a new independent agency empowered to investigate charges of graft among government servants

In December, 2011, the Bill was cleared by the Lok Sabha but was stalled in the Rajya Sabha. It was then sent to a parliamentary committee for review.

 The amended version will now be introduced in the Rajya Sabha. That version must then be cleared by the Lok Sabha


1)Lokpal members shall not be affiliated to any political party

2)A panel of Prime Minister, Leader of Opposition (Lok Sabha) and Chief Justice of India to appoint the Lokpal

3)An eminent jurist to be one of the members of Lokpal. The President of India to appoint eminent jurist on the recommendations of the selection panel

4)Lokpal to cover societies, trusts and associations funded by the government

5)The Central Bureau of Investigation or CBI to have separate Director (Prosecution) who reports to the agency's director

6)The CBI's Director (Prosecution) to be appointed on the recommendations of the Chief Vigilance Commissioner. CBI Director & Director (Prosecution) to have fixed term of two years

7)Transfer of investigating officers only take place with the approval of the Lokpal

8)President can suspend a Lokpal member on the recommendation or interim order of the Supreme Court. A Lokpal member can be removed by the President after a Supreme Court inquiry

9)Supreme Court can probe Lokpal member on reference from President of India after a petition signed by at least 100 Members of Parliament

10)Each state must have a Lokayukta within one year of the notification of the Lokpal Act.


Some of the salient features between the earlier draft and the present bill

1)Every state will now have to set up Lokayuktas within 365 days from the date of the Act. Earlier draft said that it will only be applicable to states that give consent

2)The original bill gave power to the Centre to appoint state Lokayuka while the new draft gives this power to the states

3)Lokpal will now be appointed by five-member body. 
Earlier draft doesn't had provision on appointing Lokpal by a five-member body 

4)The new draft states that Lokpal will have jurisdiction over NGOs other than religious bodies while earlier didn't have provision for jurisdiction over NGOs

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