Lokpal (ombudsman)
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History
KILL BILL: EIGHT ATTEMPTS, NO RESULTS
The Times of India, Aug 27, 2011
In 43 years, eight Lokpal bills had earlier been introduced but there had been zero consensus. The bill introduced in Lok Sabha on Aug 4, 2011 is the ninth version before Parliament. From 1968 to 2001, the bill has come before Parliament under 7 PMs, beginning with Indira Gandhi The Lokpal Bill was first brought before the fourth Lok Sabha in 1968 and passed in 1969. However, the House was dissolved, resulting in the death of the bill. The Lokpal and Lokayukta Bill, 1968, did not have either the PM or MPs under its purview
Only V P Singh, H D Deve Gowda and Vajpayee agreed to have PMs under law purview. None of these eight bills had judiciary under its purview
Indira Gandhi introduced the bill again in 1971. The legislation was not referred to any committee and it lapsed after the fifth Lok Sabha was dissolved
The third attempt was made by the Janata Party under Morarji Desai. The bill presented to Parliament in July 1977 did not include the PM but allowed for MPs to be brought under its purview. A joint select committee considered the bill and made recommendations, but the sixth Lok Sabha was dissolved soon after
Under Rajiv Gandhi, the Lok Sabha took up the bill once again in 1985 and it was referred to a joint select committee. Later, the bill was withdrawn by the govt
The United Front government under V P Singh was the next to bring a Lokpal bill in 1989, it was sent to a parliamentary standing committee. But the bill lapsed due to dissolution of the Lok Sabha
The Third Front government under Deve Gowda introduced the bill in 1996 and the parliamentary standing committee submitted its recommendations in 1997 suggesting amendments to it. The bill again lapsed after the Lok Sabha was dissolved.
Vajpayee-led NDA govt introduced the bill twice, once during the 12th Lok Sabha and again in the 13th Lok Sabha. While the 12th Lok Sabha was dissolved before the government could take a view on the parliamentary standing committee recommendations, the 13th Lok Sabha too met the same fate before the bill could be passed
Parliamentary rules, rule 193 & 184
TIMES NEWS NETWORK
The Times of India, Aug 27, 2011
The much-awaited Lokpal debate had to be deferred amidst pandemonium. Congress was a short-duration discussion under rule 193, while BJP wants it under rule 184. What are these parliamentary rules, and what’s the difference? Broadly speaking, rule 184 allows voting while rule 193 doesn’t. Here’s more.
Chapter XV in the Lok Sabha rules of business and Chapter XIII in the Rajya Sabha rules of business focus on “short duration discussions”. Chapter XV of Lok Sabha rules comprises the four rules between 193 and 196. While Rule 193 lays down how a member will submit in writing his request for a discussion on a matter of urgent public importance, Rule 195 states very clearly that “there shall be no formal motion before the House nor voting”.
Chapter XIII of the Rajya Sabha rules almost states the same thing with a very similarly worded Rule 178 saying: “There shall be no formal motion before the Council nor voting.”Short duration discussions are, however, different from “motions” for which there are elaborate rules enshrined in Chapter XIV of the Lok Sabha rules and Chapter XII of the Rajya Sabha rules.
While Rule 184 (equivalent of Rule 167 of Rajya Sabha) of Lok Sabha makes it important that the Speaker gives her consent to the motion before the discussion on a matter of general public interest takes place, it is Rule 191 of the Lok Sabha (the same as Rule 173 of Rajya Sabha) which provides for voting.Rule 191 states: “The Speaker shall, at the appointed hour on the allotted day or the last of the allotted days, as the case may be, forthwith put every question necessary to determine the decision of the House on the original question.”
Lokpal (national ombudsman)
All you want to know about Lokpal Bill TNN | Dec 18, 2013
Following are the salient features of the amended Lokpal Bill passed in Dec 2013 by the Rajya Sabha.
Lokayuktas (state-level ombudsmen)
The new bill mandates states to set up Lokayuktas within 365 days. States have the freedom to determine the nature and type of Lokayukta.
The old bill said the law shall be applicable to states only if they give consent to its application.
The old bill gave power to the central government to appoint state Lokayuktas while the new draft gives this power to the states.
Constitution of Lokpal:
The Lokpal will consist of a chairperson and a maximum of eight members, of which fifty percent shall be judicial members. Fifty percent members of Lokpal shall be from among SC, ST, OBCs, minorities and women.
The older version said the chairperson shall be the Chief Justice of India or a present or former judge of the Supreme Court or a non-judicial member with specified qualifications (chief justice or a judge of a high court).
Selection of Lokpal:
The selection committee will have Prime Minister, Lok Sabha Speaker, leader of the opposition in Lok Sabha and the Chief Justice of India. A fifth member of the selection committee for selection of Lokpal under the category of "eminent jurist" may be nominated by the President on the basis of recommendation of the first four members of the selection committee.
In the old bill, selection of the fifth person was left entirely to the President.
Religious bodies and trust:
The new bill includes societies and trusts that collect public money, receive funding from foreign sources, and have an income level above a certain threshold, it excludes bodies creating endowments for or performing religious or charitable functions.
The old bill expanded definition of public servant by bringing societies and trusts which receive donations from the public (over a specified annual income) and, organisations which receive foreign donations (over Rs 10 lakh a year) within the purview of the Lokpal.
Prosecution:
In the new version, before taking a decision on filing a chargesheet in a case upon consideration of the investigation report, the Lokpal may authorise its own prosecution wing or the concerned investigating agency to initiate prosecution in special courts.
Under the old bill, prosecution of the case could be done only by the prosecution wing of the Lokpal.
Central Bureau of Investigation:
For independence of the CBI, in the new bill a directorate of prosecution will be formed. Appointment of the director of prosecution will be on the recommendation of the Central Vigilance Commissioner.
Transfer of officers of CBI investigating cases referred by Lokpal will be only with the approval of Lokpal who will also have superintendence over CBI in relation to Lokpal referred cases.
Hearing:
The new bill says a government servant will get a hearing before a decision is taken by the Lokpal.
Prime Minister:
The Prime Minister will be under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the Prime Minister.
Investigation:
Inquiry has to be completed within 60 days and investigation to be completed within six months. Lokpal shall order an investigation only after hearing the public servant.
Inquiry against the prime minister has to be held in-camera and approved by two-thirds of the full bench of the Lokpal.
Penalty:
False and frivolous complaints - imprisonment up to one year and a fine of up to Rs.1 lakh. Public servants - imprisonment up to seven years. Criminal misconduct and habitually abetting corruption - jail term up to 10 years.
Lokpal's journey to transparency
1966
Morarji Desai led First Administrative Reforms Commission recommends setting up of Lokpal at Centre and Lokayukta in states to look into complaints against public functionaries, including MPs
1968-2001
Successive governments introduce Lokpal bill eight times
2002
Justice MN Venkatachaliah led Constitution Review Commission stresses the need for Lokpal and Lokayuktas
2004
UPA-I's national common minimum programme promises that Lokpal bill would be enacted
2005
Veerappa Moily led Second Administrative Reforms Commission reiterates that Lokpal be established without delay
2011
Jan: UPA-II's GoM headed by Pranab Mukherjee suggests a range of anti-corruption measures, including the Lokpal bill
Apr 5: Anna Hazare begins his first fast at Jantar Mantar demanding enactment of Jan Lokpal bill drafted by his team
Apr 9: Anna ends fast as the government forms a joint drafting committee consisting of ministers and civil society members
Jun 21: The last meeting of the drafting committee ends with the two sides coming up with separate drafts
Aug 4: Govt introduces a Lokpal bill, widely attacked as fl awed
Aug 8: Bill referred to standing committee
Aug 16: Anna launches second fast for Jan Lokpal bill
Dec 22: Govt re-introduces Lokpal and Lokayuktas bill
Dec 27: Lok Sabha passes bill
Dec 29: Introduced in Rajya Sabha
2012
Re-introduced in Rajya Sabha. Referred to select committee
2013
Dec 10: Anna Hazare begins fast in his village in Maharashtra, demanding urgent introduction of a new anti-corruption law
Dec 13: Amended bill tabled in Rajya Sabha
(With inputs from IANS)
