Issue
Our view
Government?s view
Comments
Prime Minister
Lokpal should have power to investigate allegations of corruption against PM. Special safeguards provided against frivolous and mischievous complaints
PM kept out of Lokpal?s purview.
As of today, corruption by PM can be investigated under Prevention of Corruption Act. Government wants investigations to be done by CBI, which comes directly under him, rather than independent Lokpal
Judiciary
Lokpal should have powers to investigate allegation of corruption against judiciary. Special safeguards provided against frivolous and mischievous complaints
Judiciary kept out of Lokpal purview.
Government wants this to be included in Judicial Accountability Bill (JAB). Under JAB, permission to enquire against a judge will be given by a three member committee (two judges from the same court and retd Chief justice of the same court). There are many such flaws in JAB. We have no objections to judiciary being included in JAB if a strong and effective JAB were considered and it were enacted simultaneously.
MPs
Lokpal should be able to investigate allegations that any MP had taken bribe to vote or speak in Parliament.
Government has excluded this from Lokpal?s purview.
Taking bribe to vote or speak in Parliament strikes at the foundations of our democracy. Government?s refusal to bring it under Lokpal scrutiny virtually gives a license to MPs to take bribes with impunity.
Grievance redressal
Violation of citizen?s charter (if an officer does not do a citizen?s work in prescribed time) by an officer should be penalized and should be deemed to be corruption.
No penalties proposed. So, this will remain only on paper.
Government had agreed to our demand in the Joint committee meeting on 23rd May. It is unfortunate they have gone back on this decision.
CBI
Anti-corruption branch of CBI should be merged into Lokpal.
Government wants to retain its hold over CBI.
CBI is misused by governments. Recently, govt has taken CBI out of RTI, thus further increasing the scope for corruption in CBI. CBI will remain corrupt till it remains under government?s control
Selection of Lokpal members
Broad based selection committee with 2 politicians, four judges and two independent constitutional authorities. 2. An independent search committee consisting of retd constitutional authorities to prepare first list. 3. A detailed transparent and participatory selection process.
With five out of ten members from ruling establishment and six politicians in selection committee, government has ensured that only weak, dishonest and pliable people would be selected.
Search committee to be selected by selection committee, thus making them a pawn of selection committee
No selection process provided. It will completely depend on selection committee
Government?s proposal ensures that the government will be able to appoint its own people as Lokpal members and Chairperson. Interestingly, they had agreed to the selection committee proposed by us in the meeting held on 7th May. There was also a broad consensus on selection process. However, there was a disagreement on composition of search committee. We are surprised that they have gone back on the decision.
Who will Lokpal be accountable to?
To the people. A citizen can make a complaint to Supreme Court and seek removal.
To the Government. Only government can seek removal of Lokpal
With selection and removal of Lokpal in government?s control, it would virtually be a puppet in government?s hands, against whose seniormost functionaries it is supposed to investigate, thus causing serious conflict of interest.
Integrity of Lokpal staff
Complaint against Lokpal staff will be heard by an independent authority
Lokpal itself will investigate complaints against its own staff, thus creating serious conflicts of interest
Government?s proposal creates a Lokpal, which is accountable either to itself or to the government. We have suggested giving these controls in the hands of the citizens.
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