NEW DELHI, Nov 23:
The report of the Select Committee on Lokpal Bill tabled in the Rajya Sabha today makes it mandatory for the States to have a Lokayukta within one year of the Lokpal Act coming into force, but gives them freedom in creating their own laws to set up ombudsman at their level.
The Select Committee also tabled a Lokpal Bill as amended by it and panel chief Satyavrat Chaturvedi said the same legislation will be discussed by the upper house.
He said the Government will not have to consider the amendments proposed by the Committee and the bill “as amended” by the panel will come up for discussion.
Chaturvedi said the bill passed by Parliament will be a “model legislation” for the States to follow.
In reply to a poser, he said it will be upto the State legislatures to place the Chief Minister under the ambit of the State ombudsman.
The report was tabled by Committee member Shantaram Naik amid pandemonium created by members of Samajwadi Party and BSP over reservation for SCs and STs in Government job promotions.
The controversial bill, which was passed by the Lok Sabha last year, faced opposition hurdle in the Rajya Sabha on various provisions, including the one making it mandatory for States to set up Lokayuktas.
In view of the sharp divide, the bill was referred to the Select Committee. The panel, which was to submit its report during the Monsoon Session, adopted it on November 19.
Earlier, sources in the Law Ministry had suggested that the bill, along with the Select Committee’s recommendations, will have to be considered by the Union Cabinet.
Once the bill is passed in the Rajya Sabha, it will travel back to the Lok Sabha for approval of the amended version.
The Prime Minister has been exempted from the ambit of Lokpal on issues of external and internal security, atomic energy, international relations and public order.
Despite suggestions by the Law Ministry during depositions before the Committee suggesting ‘insulation’ to officials of the PMO, the Committee, headed by Satyavrat Chaturvedi, has not recommended any changes.
The Select Committee has also not suggested any change in the provision relating to “reservation”. The original provision said not less than 50 per cent of the members of Lokpal would be from SC, ST, OBC, minorities and women.
The Committee’s report said, “these provisions merely aim at providing representation to diverse sections of the society in the institution of Lokpal” and only indicates “the quantum of representation and not reservation”.
While the bill passed by the Lok Sabha provides for an eminent person in the Selection Committee to be appointed by the President, the panel has recommended appointed of such a person based on the recommendations of the first four members of the committee – Prime Minister, Lok Sabha Speaker, Leader of the Opposition in the Lok Sabha and the Chief Justice of India.
The Committee has also recommended streamlining the procedure for conduct of preliminary inquiry and investigation by the Lokpal. It said the ombudsman, on receipt of a complaint, is authorised to directly order investigation where there exists a prima facie case.
It has suggested doing away with giving an opportunity to a public servant to be heard as it is not in consonance with the accepted criminal procedure.
Partially accepting suggestions made by parties like BJP and JD (U) on making CBI independent of Government control, the Select Committee has recommended that its chief be appointed by a collegium comprising the Prime Minister, Leader of Opposition in the Lok Sabha and the Chief Justice of India.
It also recommended that CBI should have a separate Directorate of Prosecution under a Director who should function under the agency chief. It said the Director of Prosecution should be appointed by the CVC.
The CBI chief and the head of prosecution should have a fixed tenure.
It said for cases referred by Lokpal, CBI may appoint a panel of advocates, “other than Government advocates”, with the consent of the ombudsman.
CBI officers investigating cases referred by Lokpal will only be transferred by the approval of the anti-corruption watchdog.
The Committee said the power of superintendence and direction of CBI in relation to Lokpal referred cases must vest in Lokpal.
It said the Government will make available expenditure necessary in the opinion of CBI chief to carry out effective investigations.
On the issue of suspension of Chairman or member of Lokpal, Government was of the view that since President is the appointing authority, he should have the power to remove.
The members in the committee said that instead of it being an executive decision, there should be “judicial application of mind”.
“The final view that emerged in the Committee was that the suspension of Chairperson/Members shall be operative only after the recommendation/interim order of the Supreme Court to that effect,” the report said suggesting amending the clause accordingly.
The panel also recommended that NGOs getting direct support in form of funds from the Government be only covered by Lokpal or the proposed institution will be flooded by complaints. (PTI)
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