Subject
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Government Lokpal
Bill
(as introduced in Lok Sabha on 4th August 2011)
|
Jan Lokpal Bill
(version 2.3-
as available on
IAC website)
|
NCPRI Draft National
Anti Corruption Lokpal Bill
(as on 20th August 2011)
*Refer to Note 1
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Jurisdiction
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PM only after he/she demits office
Ministers
Elected Representatives
Group A Officers of the Central Government and above,
Office bearers of all non- profit organizations (registered/unregistered)
receiving funds from the public.
|
PM
Ministers
Elected Representatives
All public servants
Judges of the higher judiciary
|
PM with safeguards (detailed below)
Ministers
Elected Representatives
Group A Officers of the Central Government and above.
All officers other than Group A officers- to be covered by Kendriya
Satarkta Lokpal (Central Vigilance Commission) by strengthening
the Central Vigilance Commission Act.
*Refer to Note 2
Judges of the higher judiciary- to be covered under Nyayapalika
Lokpal (Judicial Accountability Commission)by strengthening the
Judicial Accountability and Standards Bill
*Refer to Note 3
|
Setting up of Lokayuktas at the State Level
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Not included
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The Bill envisages the set up Lokayutkas, with similar powers
and functions as the Lokpal, in each of the states
|
The Bill envisages the set up State Anti Corruption Lokayutkas,
with similar powers and functions as the Lokpal, in each of the
states
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Inclusion of Prime Minister
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Prime Minister under the ambit of the Lokpal only after he/she
demits office
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Prime Minister (blanket inclusion)
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Inclusion of the Prime Minister subject to the following safeguards:
Provided that no investigation would be launched against the
Prime Minister unless a reference has been made by a full bench
of the Lokpal to the Chief Justice of India and that the Chief
Justice of India has constituted a full bench of the Supreme Court
which has examined the complaint and the relevant grounds and
evidence and come to the conclusion that such an investigation
is warranted;
Provided further that complaints regarding actions done by others
where the Prime Minister is not directly involved but can be held
responsible as the head of the government or cabinet would not
be entertained (no vicarious liability).
provided that where the Prime Minister is of the opinion that
some information that is asked for by the Lokpal as a part of
an investigation is such that its disclosure might compromise
national security or other critical national interests, the prime
Minster would in confidence brief the CJI, whose decision on whether
the information should be disclosed to the Lokpal, and if so,
under what conditions, would be final.
|
Inclusion of Public Grievances
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No mention
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Included in the bill
|
Not included in the National Anti-Corruption Lokpal.
Grievance redress under a separate legislation- Shikayat Nivaran
Lokpal (Grievance Redress Commission).
*Refer to note 4
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Inclusion of office bearers of non Governmental associations
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All staff, employees and office bearers of any society or association
of persons or trust (whether registered under any law for the
time being in force or not) wholly or partly financed by the Government
or in receipt of any sums under the Foreign Contribution (Regulation)
Act, 1976 or any donation from the public declared as
public servants under the Act, and thus fall under the ambit of
the Bill.
|
Not included
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Not included
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Inclusion of provisions for whistleblower protection
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No mention
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Whistleblower protection to be accorded by the Lokpal- by recommending
changes in work practices of public authorities, investigation
of complaints by whistleblowers and provide protection
|
Not included in the National Anti-Corruption Lokpal.
Whistleblower protection to be covered under a separate legislation-
Lokrakshak Kanoon (Whistleblower Protection Law) by strengthening
the Public Interest Disclosure and Protection to Persons Making
the Disclosure Bill, 2010.
*Refer to Note 5
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Definition of complaint/ what constitutes a complaint
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Definition a complaint means a complaint alleging that a public
servant has committed an offence punishable under the Prevention
of Corruption Act, 1988;
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Definition a complaint means a complaint alleging that a public
servant has indulged in an act of corruption punishable under
Chapter IX of the Indian Penal Code or under the Prevention of
Corruption Act, 1988; which would also include any offence committed
by an elected member of a house of legislature even in respect
of his speech or vote inside the house.
|
"Complaint” means a complaint alleging that a public
servant has committed an offence punishable under Chapter IX of
the Indian Penal Code or under the Prevention of Corruption Act,
1988, Prevention of Money laundering Act, and any other law or
legal instrument that the Government of India may, from time to
time notify
|
Selection Committee
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The Selection Committee comprises of:
The Prime Minister
Speaker of the House of the People
Leader of Opposition of both houses
Union Cabinet Minister to be appointed by the PM
Sitting judge of the SC, nominated by the Chief Justice of India
(CJI)
Sitting Chief Justice of a High Court, nominated by the CJI
eminent jurist nominated by the Central Government
person of eminence in public life
Setting up of the Search Committee optional
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The Selection Committee comprises of:
The Prime Minister
Leader of Opposition in the Lok Sabha
Two judges of the Supreme Court
Two permanent Chief Justices
of the High Court
Chief Election Commissioner (CEC)
The Comptroller and Auditor general (C&AG)
All previous Chairpersons of the Lokpal
Setting up of the Search Committee mandatory
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The Selection Committee comprises of:
The Prime Minister
The Leader of Opposition in the House of the People
One sitting Judge of the Supreme Court to be nominated by the
Chief Justice
of India
Setting up of the Search Committee mandatory
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Removal of a member of the Lokpal
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The Chairperson or any other Member shall be removed from his
office by order of the President on grounds of misbehaviour after
the Supreme Court, on a reference being made to it by the President,
has, on the basis of an inquiry held, reported that the Chairperson
or such other Member ought to be removed.
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The Chairperson or any other member of the Lokpal shall only
be removed from his office by the President, on the recommendation
of the Supreme Court after the Supreme Court, on the complaint
of any person, held an inquiry and found that he could on such
ground be removed.
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The Chairperson or any other Member shall be removed from his
office by order of the President on grounds of misbehaviour after
the Supreme Court, on a complaint being made to it, has, on inquiry
held in accordance with the procedure prescribed in that behalf,
reported that the Chairperson or such other Member, as the case
may be, ought on any such ground to be removed.
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Investigation and Prosecution Wings
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The Lokpal will have separate Investigation and Prosecution Wings
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The Lokpal will have separate investigation and prosecution wings
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The Lokpal will have separate investigation and prosecution wings
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Complaints to be made against the members of the Lokpal
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Any complaint against the Chairperson or Member shall be made
by an application by the party aggrieved, to the President.
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In each State, one or more complaints authority would be established
by the Lokpal to entertain any complaints against any officer
or staff of the Lokpal.
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Any complaint against the Chairperson or Member shall be made
by an application by the party aggrieved, to the Chief justice
of India.
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