LOKPAL DEBATE

Comparison between
Jan Lokpal Bill, the Government Lokpal Bill and the NCPRI
Formulation

Jurisdiction Setting up of Lokayuktas
at the State Level
Inclusion of
Prime Minister
Inclusion of
Public Grievances
Inclusion of office bearers
of non-Governmental associations
Inclusion of provisions
for whistleblower protection
Definition of complaint/
what constitutes a complaint
Selection Committee Removal of a member
of the Lokpal
Investigation and Prosecution Wings Also available:
1) In text (para) format
2) As a pdf file.
Complaints to be made against the members of the Lokpal
Subject
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

Jurisdiction

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

Not included

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

Inclusion of Prime Minister

Prime Minister under the ambit of the Lokpal only after he/she demits office

Prime Minister (blanket inclusion)

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

No mention

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

Inclusion of office bearers of non Governmental associations

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

Not included

Inclusion of provisions for whistleblower protection

No mention

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

Definition of complaint/ what constitutes a complaint

Definition a complaint means a complaint alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988;

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

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

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

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

 

Removal of a member of the Lokpal

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.

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.

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.

Investigation and Prosecution Wings

The Lokpal will have separate Investigation and Prosecution Wings

The Lokpal will have separate investigation and prosecution wings

The Lokpal will have separate investigation and prosecution wings

Complaints to be made against the members of the Lokpal

Any complaint against the Chairperson or Member shall be made by an application by the party aggrieved, to the President.

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.

Any complaint against the Chairperson or Member shall be made by an application by the party aggrieved, to the Chief justice of India.

Comparison in text/paragraph format

Jurisdiction

Government Lokpal Bill

  • 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.

Jan Lokpal Bill

  • PM
  • Ministers
  • Elected Representatives
  • All public servants
  • Judges of the higher judiciary

NCPRI Draft National Anti Corruption Lokpal Bill

  • 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

Government Lokpal Bill

  • Not included

Jan Lokpal Bill

  • The Bill envisages the set up Lokayutkas, with similar powers and functions as the Lokpal, in each of the states

NCPRI Draft National Anti Corruption Lokpal Bill

  • The Bill envisages the set up State Anti Corruption Lokayutkas, with similar powers and functions as the Lokpal, in each of the states

Inclusion of Prime Minister

Government Lokpal Bill

  • Prime Minister under the ambit of the Lokpal only after he/she demits office

Jan Lokpal Bill

  • Prime Minister (blanket inclusion)

NCPRI Draft National Anti Corruption Lokpal Bill

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

Government Lokpal Bill

No mention

Jan Lokpal Bill

Included in the bill

NCPRI Draft National Anti Corruption Lokpal 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

Inclusion of office bearers of non Governmental associations

Government Lokpal Bill

  • 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.

Jan Lokpal Bill

  • Not included

NCPRI Draft National Anti Corruption Lokpal Bill

  • Not included

Inclusion of provisions for whistleblower protection

Government Lokpal Bill

  • No mention

Jan Lokpal Bill

  • 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

NCPRI Draft National Anti Corruption Lokpal Bill

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

Definition of complaint/ what constitutes a complaint

Government Lokpal Bill

Definition a complaint means a complaint alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988;

Jan Lokpal Bill

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.

NCPRI Draft National Anti Corruption Lokpal Bill

"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

Government Lokpal Bill

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

Jan Lokpal Bill

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

NCPRI Draft National Anti Corruption Lokpal Bill

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

Removal of a member of the Lokpal

Government Lokpal Bill

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.

Jan Lokpal Bill

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.

NCPRI Draft National Anti Corruption Lokpal Bill

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.

Investigation and Prosecution Wings

Government Lokpal Bill

The Lokpal will have separate Investigation and Prosecution wings.

Jan Lokpal Bill

The Lokpal will have separate investigation and prosecution wings.

NCPRI Draft National Anti Corruption Lokpal Bill

The Lokpal will have separate investigation and prosecution wings.

Complaints to be made against the members of the Lokpal

Government Lokpal Bill

Any complaint against the Chairperson or Member shall be made by an application by the party aggrieved, to the President.

Jan Lokpal Bill

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.

NCPRI Draft National Anti Corruption Lokpal Bill

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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Last update: August 22, 2011 11:31 AM (IST)