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8/3/2019 List of Amendments to Lokpal
1/30
Amendment No 1
Lokayuktas in states
Reasons for amendment: 18 states already have Lokayuktas. However, they are all very different from
each other in terms of powers, jurisdictions etc. They have proved ineffective in checking corruption due
to critical deficiencies in most of these legislations. Other states do not have any Lokayuktas. Therefore,
it is urged that through the same Act, a uniform institution of Lokayukta should be set up in each state
on the same lines as Lokpal at the centre.
Add:
Similar provisions for Lokayuktas in the States to deal with public servants of respective State will have
to be incorporated in this bill. A copy of the Jan Lokayukta Act drafted by us is attached.
Amendment No 2
Selection of Chairperson and members of Lokpal
Reasons for amendment: The Government Bill suggests a selection committee which has a majority of
members from either the governments side or directly nominated by the government. The Government
Bill suggests a search committee which will be constituted by the selection committee. The Bill does not
lay down any selection process and says that the selection process will be decided by the selection
committee. In effect, the government will have complete power to decide whom to select as Lokpal
chairperson and members.
Replace
section 4
With
Section 4:
(1) The Selection Committee shall consist of the following:-
(i) The Prime Minister of India, who will be the Chairperson of the Selection
Committee.
(ii) The Leader of the Opposition in the LokSabha
(iii) Two judges of Supreme Court of India and two permanent Chief Justices of the
High Courts selected by collegium of all Supreme Court judges
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(v) The Chief Election Commissioner of India
(vi) The Comptroller & Auditor General of India
(vii) The last 3 Chairpersons of Lokpal.
(2) The Selection Committee shall select the Chairperson and the other members of the
Lokpal from out of a short list prepared by the Search Committee. The Chairperson shall
be a person with extensive knowledge of law.
Provided that one of the members shall be selected out of the last five batches of Indian
Police Service in the same manner as other members are selected. Before joining, he will
resign from the service. He will be responsible for the running the investigation wing of
Lokpal.
(3) A Search Committee shall consist of 10 members. 5 of its members shall be selected by
the Selection Committee from amongst the retired Chief Justices of India, the retired
Chief Election Commissioners and the retired Comptroller and Auditor Generals with
impeccable reputation of integrity, who have not joined any political party after
retirement and who are not holding any office under any government. The 5 members
so selected shall, through consensus, co-opt another 5 members from the Civil Society in
the search committee.
(4) The Search Committee before preparing the short list will invite nominations from such
eminent individuals or such class of people, whom they deem fit, for the position of
Chairperson or the members of the Lokpal.
(5) Only persons with impeccable integrity and record of public service particularly in the
field of fighting corruption shall be eligible for being considered for nomination.
(6) The recommendations about nominees should, interalia, contain details of any allegations
faced by that candidate under any law, details of his work against corruption in the past,
reasons why that person is suitable for the job and any other material that the search
committee may decide.
(7) The search committee, using any other means, shall collect as much information about
the background and past achievements of these candidates.
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(8) Such nominations as are received shall be put on a web site for inviting comments from
the people with regard to the suitability or otherwise of the nominees.
(9) The Search Committee after taking into consideration the comments/information
received from the public shall prepare, preferably through consensus, the short list of 3 timesthe number of persons to be appointed as members of the Lokpal.
(10) Any nominations to which objections are raised by any 3 members of the Search
Committee shall not be included in the short list.
(11) Before sending the short list to the Selection Committee, the Search Committee will get
the names of the short listed persons put on a public web site to enable people to send any
relevant information/comments about the shortlisted persons.
(12) The Selection Committee shall, after considering all relevant information about the short
listed candidates, select the required number of persons preferably through consensus.
However, a person shall not be selected if 3 members of the Selection Committee disapprove
such names.
(13) The Selection Committee after selecting the persons to be appointed as members or
Chairperson of the Lokpal shall ascertain their willingness to serve as members or Chairperson,
as the case may be, before recommending the names to the President.
Replace
5. The President shall take or cause to be taken all necessary steps for the appointment of a new
Chairperson and Members at least three months before the expiry of the term of such Chairperson
or Member, as the case may be, in accordance with the procedure laid down in this Act.
With
5. The President shall take or cause to be taken all necessary steps for the appointment of a new
Chairperson and Members at least three months before the expiry of the term of such Chairpersonor Member, as the case may be, in accordance with the procedure laid down in this Act. If the
vacancy arises due to unforeseen reasons, it shall be filled within three months of such vacancy
arising.
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Amendment No 3
Eligibility for becoming Lokpal members or Chairperson
Reasons for amendment: Government Bill makes only retired judges to be judicial members. It also
does not require integrity as an eligibility criterion for them.
Replace
3(3)(a) as a Judicial Member if he is or has been a Judge of the Supreme Court or a
Chief Justice of a High Court
With
3(3)(a) as a Judicial Member if he is a person of impeccableintegrity, outstanding ability and if he
has held a judicial office in the territory of India for at least ten years or should have been anadvocate in a High Court or the Supreme Court for at least fifteen years.
Reasons for amendment: For non-judicial members, government Bill requires 25 years of minimum
experience in anti-corruption policy, public administration, vigilance etc. This formulation appears tailor-
made for retiring bureaucrats. Rather, it would be better to prescribe a minimum age.
Delete
3(3)(b) as a Member other than a Judicial Member, if he is a person of impeccable
integrity, outstanding ability and standing having special knowledge and expertise of
not less than twenty-five years in the matters relating to anti-corruption policy, public
administration, vigilance, finance including insurance and banking, law, and
management
Add
3(3)(c) The following shall not be eligible to become Chairperson or Member of Lokpal:
(a)Any person, who is not a citizen of India, or(b)Any person, against whom charges were ever framed by any court of law for any
offence involving moral turpitude, or
(c) Any person, who is less than 45 years in age, or(d) Any person, who was in the service of any government and has remitted office
within the last two years, either by way of resignation or retirement.
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Reasons for amendment: Government Bill says that any member of Chairperson will not be eligible for
re-appointment. We have a contrary view. If our selection process is robust and independent, then we
should encourage good members to apply and get selected again.
Delete
9(1)(i) On ceasing to hold office, the Chairperson and every Member shall be ineligible for
reappointment as the Chairperson or a Member of the Lokpal
Amendment No 4
Removal of Chairperson and/or members of Lokpal
Reasons for amendment: In government Bill, power to suspend any member of Lokpal vest completely
in the government. Likewise, power to initiate a process to remove any member or Chairperson of
Lokpal vests with the government. This provision makes Lokpal members and Chairperson completely at
the mercy of the government
Delete
Section 40
Replace
Section 8
With
(1). 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 on any of the following grounds
after the Supreme Court, on the complaint of any person, held an inquiry and found that he could
on such ground be removed :
(a) that he has been guilty of misbehavior; or
(b) that he is unfit to continue in his office by reason of infirmity of mind or body; or
(c) is adjudged an insolvent; or
(d) engages during his term of office in any paid employment outside the duties of his office.
(2) In any such proceeding the Supreme Court may also direct the suspension of such Chairman
or member.
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(3) On receipt of recommendation from the Supreme Court, the President shall forthwith remove
the Chairperson or the member, as the case may be.
(4) Supreme Court shall, as far as possible, make its recommendations within 3 months of receipt
of complaint under this section.
(5) If the complaint is frivolous or has been made with malafide intentions, Supreme Court may
impose a fine or an imprisonment upto one year or both on the complainant.
Amendment No 5
CBI should be merged into Lokpal
Reasons for amendment: If we allow both CBI and Lokpal to entertain anti-corruption cases
simultaneously, it is like having two police stations in the same village. It would create a serious
jurisdictional issue in each case. Therefore, the CBI should either be merged into Lokpal. This is exactly
what was done in Karnataka when Karnataka Lokayukta was set up in 1986. The state vigilance
department and the anti-corruption branch of police, both were merged into newly created Lokayukta
and Lokayukta became one window for any anti-corruption complaint.
Replace
Section 12
With
(1) The Delhi Special Police Establishment, shall stand transferred, alongwith its employees,
assets and liabilities to the Lokpal. The Central Government shall cease to have any control over
it.
(2) Delhi Special Police Establishment so transferred shall form Investigation Wing of Lokpal.
(3) The salaries, allowances and other terms and conditions of services of the personnel
transferred above shall be the same as they were immediately before the commencement of this
Act.
(4) All cases which were being dealt by Delhi Special Police Establishment, which has been
transferred, shall stand transferred to Lokpal.
Reasons for amendment: All cases pending with CBI and relating to anti-corruption should get
transferred to Lokpal.
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Delete
Section 18
Amendment No 6
Jurisdiction of Lokpal
Reasons for amendment: Government Bill says that PM could be investigated only after he has
demitted office. Firstly, it violates the constitution as Pm does not enjoy any such immunity. It also is
contrary to Prevention of Corruption Act. Also, it creates many practical difficulties. If any PM works for
two consecutive terms, then his works for the first few years cannot be investigated because no case
earlier than seven years could be investigated. There are many such difficulties. This also violates Article
14 of the Constitution.
Regarding members of parliament, we feel that investigations into their affairs should be permissible
subject to Article 105 of the Constitution.
The entire bureaucracy from top to bottom must be covered within the purview of Lokpal. Indian anti-
corruption system has thus far suffered very badly due to the fractured mandate enjoyed by our anti-
corruption agencies. In most of the states, Lokayuktas have powers to investigate against politicians
only. State vigilance departments investigate against bureaucracy. Obviously, politicians and
bureaucrats do not indulge in corruption separately. In Karnataka, all politicians and bureaucrats were
together brought within the purview of Lokayukta. We strongly urge that all officers and politicians in
Central government must be brought within the purview of Lokpal.
The judiciary may be brought under the purview of anti-corruption system through a separate Bill, to beintroduced simultaneously, provided the Judicial Conduct Commission so set up is also independentof
the government as well as the judiciary and has the power of investigating and prosecuting judges for
corruption. The Judicial Standards and Accountability bill of the government does not deal with criminal
investigation of judges, nor does it set up an independentcommittee
Replace
(i) Minister means a Union Minister but does not include thePrime Minister
With
(i)Minister means a Union Minister
Replace
section 17
with
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17. The Lokpal shall inquire into any matter involved in, or arising from, or connected with, any
allegation of corruption made in a complaint in respect of any public servant barring judicial
officers of the High Courts or the Supreme Court
Provided that Lokpal shall have jurisdiction over Members of parliament subject to Article 105(2)
of the Constitution.
Add
No investigation or prosecution shall be initiated without obtaining permission from a 7-Member
Bench of the Lokpal against any Member of the Parliament including Prime Minister and
members of the Council of Ministers.
Amendment no 7
Independence and autonomy of Lokpal
Reasons for amendment: We need to carefully ensure the functional, financial and administrative
autonomy of Lokpal.
Add proviso to section 16
Provided that the quantum of expenses shall be decided by the Lokpal and it shall not exceed
0.25% of the gross annual revenues of the government of India.
Delete
Proviso to section 11(1) Provided that the President may by rule require that the appointment in
respect of any post or posts as may be specified in the rule, shall be made after consultation with
the Union Public Service Commission
Delete
Proviso to section 11(2):Provided that the regulations made under this sub-section shall, so far as
they relate to salaries, allowances, leave or pensions, require the approval of the President
Add
(1) Lokpal shall have administrative, financial and functional independence from thegovernment
(2) Lokpal shall not need any administrative or financial sanction from any government agencyto incur expenditure.
(3) The Officers in the Lokpal shall be appointed by the Board or any other authority designated
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by the Regulations whether on a permanent basis or on a temporary basis.
(4) The Lokpal shall select and appoint a Secretary to the Lokpal who will have the rank ofSecretary to the Government of India.
(5) Lokpal shall provide by rules for the terms and conditions of service including the allowancesand pension payable to the officers and staff of the Lokpal.
(6) Lokpal shall recruit officers and staff for various functions, including judicial officers,prosecutors, senior counsels etc
Amendment No 8
Delegation of powers and functions
Reasons for amendment: As per Government Bill, Lokpal members will have to give permission or pass
orders for every function, which will make the functioning of Lokpal difficult. Unless Lokpal delegates its
functions, soon it would be overburdened with routine functions.
Add
Definition of Lokpal
Lokpal means and includes,
(i) Benches constituted under this Act and performing functions under this Act;
(ii) Any officer or employee performing under this Act,
(iii) The Board in rest of the cases;
Add
The Lokpal shall consist of a Chairperson and 8 other members and various officers under
them at different levels to perform such functions as are assigned to them under this Act.
Delete
section 14
Replace
Section 37: The Lokpal may, by general or special order in writing, and subject to such conditions
and limitations as may be specified therein, direct that any administrative or financial power
conferred on it may also be exercised or discharged by such of its Members or officers
oremployees as may be specified in the order
With
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The Lokpal may, by general or special order in writing, and subject to such conditions and
limitations as may be specified therein, direct that any power, barring quasi-judicial powers,
conferred on it may also be exercised or discharged by such of its Members or officers
oremployees as may be specified in the order
Amendment No 9
Procedure for enquiry
Reasons for amendment: Government Bill seeks to create a new procedure for enquiry, which is
violative of the CrPC. It seeks to give an opportunity of being heard to the accused at several stages of
investigation. It also provides an opportunity to the accused to take copies of documents at the stage of
start of investigations, which would make the entire process of investigations infructuous. These
sections should be deleted and CrPC should be applicable de-facto.
Delete
Sections 23, 24, 25, 26.
Amendment No 10
Dismissal of government servants
Reasons for amendment: After completion of investigations in any case, whereas on one hand, the case
would go to a court for trial, at the same time, the officer shall face proceedings for departmental
penalties. Evidence collected at the time of investigations is examined from the point of beyondreasonable doubt in trial court. However, in departmental proceedings, even preponderance of
probabilities is sufficient to punish an officer. Under government Bill, the concerned minister should
have the powers to decide punishment against his subordinate, which would never happen because of
the close relationship between the minister and the subordinate as they had been working together.
There could also be a possibility of collusion. Therefore, we strongly propose that Lokpal Bench should
give an opportunity of being heard to the accused officers, conduct open hearings and decide
departmental penalties. These penalties should be recommended by Lokpal to the appointing authority,
on whom it should be binding.
Replace
section 28
with
(1) Penalty under this Act means punishment of dismissal, removal or reduction in rank
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(2) After the completion of an investigation against any government servant the Lokpal may
either initiate prosecution against such public servant or may initiate proceedings for imposition
of penalty or both.
(3) Lokpal shall appoint such officers, who may be retired judges or retired civil servants or suchothers as may be provided, to act as judicial officers for the purpose of this section, at such terms
and conditions as may be provided in regulations.
(4) A bench of judicial officers will conduct an inquiry against such government servant for
imposition of penalty in which full opportunity to show cause would be given to such government
servant. After conclusion of the inquiry the bench shall also determine the penalty, if any, to be
awarded to that public servant. The decision of the bench will be subject to approval by a higher
authority prescribed by the Lokpal by through regulations.
(5) The recommendations so approved shall be binding on the appointing authority.
Reasons for amendment: However, in the case of elected representatives, the Lokpal shall only forward
its report to the competent authority who shall decide whether to remove the concerned public servant
or not.
Replace
section 29(1): Where, after the conclusion of the inquiry or investigation, the findings of the
Lokpal disclose the commission of an offence under the Prevention of Corruption Act, 1988 by a public servant referred to in clause (a) or clause (b) of sub-section (1) of section 17, the Lokpal
may file a case in the Special Court and shall send a copy of the report together with its findings to
the competent authority
with
Where, after the conclusion of the inquiry or investigation, the findings of the Lokpal disclose the
commission of an offence under the Prevention of Corruption Act, 1988 by a public servant
referred to in clause (a) or clause (b) of sub-section (1) of section 17, the Lokpal may file a case in
the Special Court and shall send a copy of the report together with its findings to the competent
authority to consider whether to dismiss that public servant or not.
Delete
Explanation to section 29(3)
Amendment No 11
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Power to direct suspension/transfer of officer pending investigations
Reasons for amendment: If during investigations, Lokpal concludes that an officer may tamper with
evidence if he continues on a post, Lokpal should have the power to direct his transfer or suspension.
Government Bill gives power to Lokpal only to make a recommendation.
Replace
The word recommend in Section 35(1) with direct
Delete
Section 35(2)
Amendment No 12
Complaints against staff of Lokpal
Reasons for amendment: Government Bill requires Lokpal to enquire and act against its own staff. This
may create a conflict of interest. In addition, we would suggest creation of Independent Complaints
Authority, on the lines suggested by Honble Supreme Court in the case of Police Reforms.
Replace
section 41
with
Independent Complaints Authority:
(1) 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. A similar complaints authority
shall also be made at national level.
(2) Such complaints authority shall consist of 5 members to be selected and nominated by a
Committee of 3 persons consisting of:
i) The Chief Justice of the High Court of the State;
ii) The Chairman of the State LokAyukata
iii) The Chairman of the State Human Rights Commission
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(3) The Complaints Authority shall be chaired by a retired High Court judge and shall have two
retired civil servants and two members of civil society.
(4) The complaints received against any officer or staff of the Lokpal shall be inquired into
by the Complaints Authority in a public hearing and shall be decided within 2 months of thereceipt of the complaint. The officer or staff of the Lokpal shall be given proper opportunity to
tender his defence. If the officer or member is found guilty of misbehavior or dishonest
investigation or corruption, the authority may order his dismissal, removal or reduction in rank.
(5) The final orders passed by the Complaints Authority will be subject to the writ
jurisdiction of the High Court under Article 226 of the Constitution.
(6) In suitable cases it would also be open to the complaints authority to direct suspension
of the officer or staff of the Lokpal.
(7) Lokpal shall provide for the expenses related to the functioning of complaints authority.
(8) Complaints authority shall work in benches in accordance with regulations made under this
Act.
Amendment No 13
Punishment for frivolous or malafide complaints
Reasons for amendment: In government Bill, punishment for frivolous complaint is far more serious
than that for corruption itself.
Replace
Sections 49 and 50
With
(1) Notwithstanding anything contained in this Act, if someone makes any complaint under
this Act, which lacks any basis or evidence and is held by Lokpal to be meant only to harass
certain authorities, Lokpal may impose such fines on that complainant as it deems fit, but the
total fine in any one case shall not exceed Rs one lakh.
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Provided that no fine can be imposed without giving a reasonable opportunity of being heard to
the complaintant.
Provided further that merely because a case could not be proved under this Act after
investigation shall not be held against a complainant for the purposes of this section.
(2) Such fines shall be recoverable as dues under Land Revenue Act.
(3) A complaint or allegation once made under this Act shall not be allowed to be
withdrawn.
Amendment No 14
Expanding the definition of corruption
Add
Act of corruption includes -:
i) anything made 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.
ii) willfully giving any undue benefit to any person or obtaining any benefit from any
public servant in violation of any laws or rules,
iii) victimization of a whistleblower or a witness.
iv) repeated violation of citizens charter by any public servant.
v) Wilfully taking up employment or paid assignment/consultancy with entities with
whom the public servant has had official dealings.
ii to v above shall be treated to be criminal Misconduct within the meaning of Section 13
of the Prevention of Corruption Act 1997.
Amendment No 15
Duty to stop corruption in ongoing works
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Reasons for amendment: If corruption is going on in any work and it comes to the knowledge of Lokpal,
then rather than waiting for corruption to take place and then punish officers later, Lokpal should have a
duty to stop corruption at that stage itself. However, the government Bill is silent on that.
Add
1. Lokpal shall have powers to recommend cancellation or modification of a lease, license, permission, contract or agreement, if it was obtained by corrupt means and to
recommend blacklisting of a firm, company, contractor or any other person, involved in
an act of corruption. The public authority shall either comply with the recommendation
or reject the same within a month of receipt of recommendation. In the event of
rejection of its recommendation, the Lokpal may approach appropriate High Court for
seeking appropriate directions to be given to the public authority.
2. If during any investigation under this act, the Lokpal is satisfied that any preventiveaction is necessary in public interest to prevent the ongoing incidence of corruption, it
may make any recommendation to the public authority concerned to stay the
implementation or enforcement of any decision or take any such action as is
recommended by the Lokpal. The public authority shall either comply with therecommendation of the Lokpal or reject the same within 15 days of the recommendation
thereof. In the event of rejection of its recommendation, the Lokpal may approach the
appropriate High Court for seeking appropriate directions to be given to the public
authority.
Amendment No 16
Power to take suomoto action
Reasons for amendment:Lokpal should have powers to take action suomoto if any information comes
to its knowledge rather than waiting for someone to complain. Government Bill is silent on this
important aspect.
Add
Lokpal shall have powers to initiate suomoto appropriate action under the Act on receipt of
any information from any source.
Amendment No 17
Power to get its orders complied with
Reasons for amendment: Government Bill does not give any powers to Lokpal to get its orders complied
with.
Add:
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A Lokpal bench may punish a public servant with imprisonment up to 6 months or with fine or
both, if he fails to comply with its order for ensuring their compliance
Amendment No 18
Power to tap telephones
Reasons for amendment: Presently, almost 32 investigative and intelligence agencies have powers to
tap telephones. However, they need permission from Home Secretary to do that. Lokpal will be an
independent agency. If it were to obtain permission from Home secretary, the information would get
leaked and the entire operation would become infructous. Moreover that would also compromise the
functional autonomy of the Lokpal. Therefore, we propose that Lokpal Bench should have powers to
allow phone tapping rather than they having to obtain permission from Home Secretary.
Add:
For the purposes of investigation of offences related to acts of corruption, the appropriate Benchof the Lokpal shall be deemed to be designated authority under Section 5 of the Indian Telegraph
Act empowered to approve interception and monitoring of messages of data or voice
transmitted through telephones, internet or any other medium as covered under the Indian
Telegraph Act read with Information and Technology Act 2000 and as per rules and regulations
made under the Indian Telegraph Act 1885.
Amendment No 19
Powers under FEMA and PMLA
Reasons for amendment: While investigating any case under Prevention of Corruption Act, in order to
ensure that the same officer takes the case to logical end, it is proposed that the Investigating Officer of
Lokpal should have powers under FEMA and PMLA also.
Add:
The Investigating Officers of Lokpal authorized to investigate offences under the Prevention of
Corruption Act 1988 shall have all the powers which are vested in a Police Officer while
investigating offences under the Code of Criminal Procedure, as well as the powers conferred on
the director of enforcement under the Foreign Exchange Management Act, 1999 as well as under
the Prevention of Money Laundering Act, 2002.
Amendment No 20
Other miscellaneous powers and functions of Lokpal
Add
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(1) Lokpal shall have powers to make recommendations to public authorities, in consultationwith them, to make changes in their work practices to reduce the scope for corruption and
whistleblower victimization. The concerned authority shall send its compliance report to
Lokpal within two months specifying detailed reasons, wherever they choose to reject any of
the recommendations.
(2) Lokpal shall prepare a sentencing policy for the offences under Prevention of Corruption Actand revise it from time to time.
(3) Lokpal shall ensure that the time limits mentioned in this Act are strictly adhered to.(4) Lokpal shall ensure the integrity of its functionaries(5) While investigating any offence under Prevention of Corruption Act 1988, Lokpal shall be
competent to investigate any offence under any other law in the same case.
(6) Lokpal shall inquire into the assets declaration statements filed by all successful candidatesafter any election to any seat in any House of the Parliament.
(7) Lokpal shall prepare an appropriate reward scheme to encourage complaints from withinand outside the government to report acts and evidence of corruption.
Provided that the total value of such reward shall not exceed 10% of the value of the loss
recovered or loss prevented.
Amendment No 21
Transparency and accountability of Lokpal
Reasons for amendment: Lokpal should be completely transparent and accountable in its functioning to
prevent it from becoming corrupt. The government Bill is quite weak in this aspect. Therefore, we
strongly recommend inclusion of the following provisions.
Add:
1. The investigation in any case shall not be closed by the investigating officer withoutrecording reasons for such closure.
2. The hearings in any proceedings before the Lokpal shall be held in public except inexceptional circumstance where it is not in public interest to do so and the reasons for the
same shall be recorded in writing before those proceedings are held in camera. The hearings
held in public shall be video recorded and shall be made available to the public on payment
of copying cost.
3. A Parliamentary Committee shall do an annual appraisal of the functioning of Lokpal. TheLokpal shall submit a compliance report, mentioning detailed reasons where it does not
accept the recommendations of this committee, to the Parliament. It shall be placed on the
table of the two Houses of Parliament.
4. The Lokpal shall publish every month on its website the list of cases received during the previous month, list of cases disposed with brief details of each such case, outcome and
action taken or proposed to be taken in that case, list of cases which are pending and
minutes and records of Board meetings.
5. The Lokpal shall maintain complete transparency in its functioning and shall ensure that full
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records of any investigation or inquiry conducted under this Act after its conclusion is made
public by being put on a public web site.
Amendment No 22
Whistleblower protection
Reasons for amendment: Presently, if anyone raises his voice against corruption, he is victimized. That
person turns to police for protection, which is under the influence of local politicians and hence
compromised. Lokpal, being an independent body, should have a duty to provide protection to
whistleblowers against physical and professional victimization.
Add
(1) Whistleblower means any person, who provides information about corruption in a public
authority or is a witness or victim in that case or who faces the threat of
(i) professional harm, including but not limited to illegitimate transfer, denial of
promotion, denial of appropriate perquisites, departmental proceedings,
discrimination or
(ii) physical harm, or
(iii) is actually subjected to any harm;
because of either making a complaint to the Lokpal under this Act, or for filing an
application under the Right to Information Act, 2005 or by any other legal; action aimed
at preventing or exposing corruption or mal-governance.
(2) Any public official or any other person having information of any corruption in any public
authority would be encouraged to send the information confidentially to the Lokpal; and it shall
be the duty of the Lokpal to get an inquiry made into such information and if necessary get an
investigation made under the Prevention of Corruption Act.
(3). It shall be the duty of the Lokpal to provide full protection to whistle blowers from any
physical harm or administrative harassment. Identity of such whistle blowers shall also be
protected if the whistle blower so desires.
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(4). For achieving this objective it shall be competent for the Lokpal to give suitable direction
to any security agencies for providing security as well as to any other authority to ensure that no
harassment is caused to such whistle blower.
(5). Orders under this section shall be passed expeditiously and in any case within a month ofreceipt of complaint. Immediate action will be taken in cases involving a threat of physical
victimization.
(6) The investigations in complaints by whistleblowers facing physical or professional
victimization shall be fast tracked and completed within three months of receipt of the same.
Amendment No 23
Appeal against the orders of Lokpal
Reasons for amendment: Where will the appeal against orders of Lokpal lie? Government Bill is silent
on that.
Add:
Any orders passed by any bench of the Lokpal or any officer of the Lokpal shall be subject to the
writ jurisdiction of the High Court under Article 226 of the Constitution of India. Ordinarily, High
Courts shall not stay the order. However, if it does, it will have to decide the case within two
months, else the stay would be deemed to have been vacated after two months and no furtherstay in that case could be granted.
Amendment No 24
Punishments
Reasons for amendment: Punishments under present anti-corruption system are quite inadequate.
They ought to be increased.
Add
(1) For any act of corruption, the punishment shall not be less than six months of rigorous
imprisonment and may extend up to imprisonment for life.
(2) The Special Court may take into consideration the higher rank of an accused person to
inflict a more severe punishment.
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(3) If the victim of corruption is from socially and economically backward sections, the
punishment shall be higher.
(4) If the beneficiary of an offense is a business entity, in addition to the other punishments
provided for under this Act and under the Prevention of Corruption Act, a fine of up to five times
the loss caused to the public shall be recovered from the accused and the recovery may be made
from the assets of the business entity and from the personal assets of its Managing Directors, if
the assets of the accused person are inadequate.
(5) If any company or any of its officer or Director is convicted for any offence under Prevention
of Corruption Act, that company and all companies promoted by any of that companys
promoters shall be blacklisted and be ineligible for undertaking any government work or contract
in future.
(6) If a public servant is convicted under the Prevention of Corruption Act, such public servant
shall stand removed from his office.
(7) Wherever Lokpal directs imposition of financial penalty on any officer under this Act to be
deducted from his salary, it shall be the duty of the Drawing and Disbursing Officer of that
Department to implement such order, failing which the said Drawing and Disbursing Officer shall
make himself liable for similar penalty.
Amendment No 25
Citizens charters
Reasons for amendment: A common man faces corruption in his day to day life to get his work done.
This issue must be addressed through this Bill.
Add
Definition: Grievance means a claim by a person that he could not get satisfactory redressal
according to a citizens charter despite approaching a Grievance Redressal Officer of that
Department;
(1) Each public authority shall prepare a specific charter within a reasonable time not exceeding
one year from the coming into force of this Act.
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(2) Every citizens charter shall enumerate the public authoritys commitments to the
citizens which are capable of being met within a specific time limit and shall designate the officer
whose duty would be to fulfill the commitment of the public authority.
(3) If any public authority does not prepare its citizens charter within a year, Lokpal shall notifythe citizens charter on its own after consulting the public authority and the same shall be
binding on that authority.
(4) Each public authority shall make an assessment of the resources required to implement the
citizens charter and the government shall provide such resources.
(5) Each public authority shall designate an official called Public Grievance Redressal Officer
in each station where the public authority has an office, to whom a complaint could be made for
any violation of the citizens charter.
(6) The Senior most officer of that public authority in that office will be designated as the
Public Grievance Redressal Officer.
(7) It shall be the duty of the Grievance Redressal Officer to get the grievance redressed
within a period of 30 days from the receipt of the complaint.
(8) In the event of even the Grievance Redressal Officer not getting the grievance redressed
within the specific period of 30 days a complaint could be made to the Lokpal.
(9) The Lokpal after hearing the Grievance Redressal Officer would impose suitable penalty
not exceeding Rs. 500/-for each days delay but not exceeding Rs. 50,000/- to be recovered from
the salaries of the Grievance Redressal Officer. However, if the victim is from socially and
economically backward sections, the punishment shall be double.
(10) Apart from levying the penalty on the Grievance Redressal Officer, the Lokpal may also in
suitable cases recommend to the appropriate authority to have departmental punishment
imposed on the Grievance Redressal Officer.
(11) The Lokpal will also issue a direction to an appropriate authority to get such grievances
redressed within the time to be fixed by the Lokpal.
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(12) Every public authority shall review and revise its Citizens Charter at least once every year
through a process of public consultation to be held in the presence of a representative of Lokpal.
(13) Lokpal may direct any public authority to make such changes in their citizens charter as are
mentioned in that order and that public authority shall make such changes within a month of thereceipt of such order.
Provided that such changes shall have to be approved by at least a three member bench of
Lokpal.
(14) There shall be at least one officer of the Lokpal in each district to receive grievances who
shall be called an Appellate Grievance Officer. However, in such places where there is more
concentration of central government offices, there shall be more Appellate Grievance Officers as
may be required.
(15) A social audit of each Appellate Grievance Officer shall take place every six months, in which
he shall present himself before the public, present the data related to his functioning, respond to
public queries and incorporate suggestions from public in his functioning. The public hearing
shall be attended by a senior officer from Lokpal.
(16) No case can be closed by Appellate Grievance Officer till the citizens grievance is redressed
or the case is rejected by the Appellate Grievance Officer.
Amendment no 26
Time Bound investigations and appeals
Reasons for amendment: Government Bill is silent on the time within which investigation should be
completed. It also does not deal with the problem of indefinite delays in appellate process that exists
today.
Add
1. Every investigating officer shall endeavour to complete the investigation of an offence withina period of 6 months but when necessary he may obtain extension of time from a Bench of
the Lokpal. In any case the period of investigation shall not extend 18 months.
2. The Chief Justices of High Courts will constitute such number of special benches in respectiveHigh Courts to hear cases under this Act, to ensure that an appeal in any case is decided as
expeditiously as possible and not later than six months.
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3. The judges of Special Courts and the appellate benches set up by High Courts to hear casesunder this Act will deal only with cases under this Act.
Amendment No 27
Amendments to other Acts
Reasons for amendment: Amendment needs to be made in some other laws to prevent delays at
various stages of trial and appeals.
Add
(1) The provisions of sections 105C to 105I of CrPC shall apply to offences under the Prevention of
Corruption Act whether or not they are transnational in nature.
(2) Section 389(3) of CrPC shall not apply to offences under Prevention of Corruption Act.
(3) The right to file appeals under section 377 or 378 of CrPC shall be exercised by Lokpal.
(4) Under section 372 of CrPC, the power to file an appeal shall be with the complainant as well.
(5) Notwithstanding anything contained in Section 397 of CrPC, no court shall ordinarily call for
records in cases related to trial of offences in Prevention of Corruption Act during any trial by a
special court.
Provided that if the court calls for records, the same shall be returned within a month.
(6) Section 4 (4) of Prevention of Corruption Act shall be amended as Notwithstandinganything contained in the Code of Criminal Procedure, 1973 a Special Judge shall hold the
trial of an offence on day-to-day basis, and shall not grant adjournment for any purpose
unless such adjournment is, in its opinion, necessary in the interests of justice and for
reasons to be recorded in writing
Reasons for amendment: Government Bill says that section 19 of Prevention of Corruption Act would
not apply to Lokpal Bill. However, this section ought to be deleted.
Replace
Section 27
With
(1) Section 19(1) and 19(2) of the Prevention of Corruption Act shall be deleted.
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(2) Section 6A of the Delhi Special Police Establishment Act shall not be applicable to the
proceedings under this Act.
(3) Section 197 of Cr. PC shall not applicable to any proceedings under this Act.
(4) Any permission which is required under any law for initiating investigation or initiating
prosecution under any Act shall be deemed to have been granted once the Lokpal has granted
permission to initiate investigation or prosecution for any offences under the Prevention of
Corruption Act.
Reasons for amendments: Prevention of Money Laundering Act says that if the amount of corruption in
any case is above a particular limit then the Enforcement Directorate would investigate that offence. It is
important to give jurisdiction over all cases involving corruption to Lokpal.
Add
(1) The power of the Lokpal to investigate offences under the Prevention of Corruption Act shall
be with the Lokpal notwithstanding any provision in the Prevention of Money Laundering Act,
2002.
(2) The jurisdiction of the special courts under the Prevention of Corruption Act, 1988 to try
offences under such act shall be with the Special Court notwithstanding any provision in the
Money Laundering Act, 2002.
Amendment No 28
Other provisions to prevent corruption
Reasons for amendment: One of the major reasons for corruption is the award of government
largesse to private entities by way of leases, contracts etc. which are often given without
transparency and competitive bidding. Another form of corruption is encouraged by conflicts of
interest created when public servants dealing with private entities go on to take upjobs/assignments/consultancies with such entities. These are some provisions, which must be provided
to check this kind of corruption
Add:
(1) No government official shall be eligible to take up jobs, assignments, consultancies, etc. with
any person, company, or organisation that he had dealt with in his official capacity.
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(2) All contracts, public-private partnerships, transfer by way of sale, lease, and any form of
largesse by any public authority shall be done with complete transparency and by calling for
public tender/auction/bids unless it is an emergency measure or where it is not possible to do so
for reasons to be recorded in writing. Any violation of this shall make the contract/largesse void.
The details of all such transactions would be put up by the public authority on a public website.
(3) All contracts, agreements or MOUs known by any name related to transfer of natural
resources, including land and mines to any private entity by any method like public-private
partnerships, sale, lease or any form of largesse by any public authority shall be put on the
website within a week of being signed.
(4) Any bribe giver may be granted immunity from prosecution by the special court if he
voluntarily and gives timely information to the Lokpal about the giving of bribe by him withentire evidence for the purpose of getting the concerned bribe taker/public servant caught and
convicted, provided he also relinquishes all the illegitimate benefits which he had received by the
giving of that bribe. If the information provided by such bribe giver is subsequently found to be
false, the immunity could be withdrawn by the special court.
Amendment No 29
Miscellaneous
Reasons for amendment: If any public servant does not submit his annual property return in time, there
should be a deterrent that he would not get his next months salary till he submits it. Karnataka
Lokayukta Act has this provision
Add
47 (7) If any public servant fails to submit his property statement by 31stJuly of that year, he shall
not be eligible to draw his salary for the month of August, unless the competent authority
certifies that such failure was due to reasons beyond his control and the public servantsubsequently furnishes such statement.
Reasons for amendment: Act done in good faith is already protected in Prevention of Corruption Act.
This section is redundant.
Delete
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Section 51
Reasons for amendment: The Act prescribes a time limit that no case shall be entertained by
Lokpalwhich are earlier than seven years. Though we agree with this, however, Lokpal should have a
discretion to entertain any case in larger public interest.
Add
Proviso to section 54: Provided that Lokpal may entertain any case beyond seven years also if
Lokpal feels that larger public interest would be served.
Reasons for amendment: Government Bill requires Lokpal to provide free legal help to accused. We do
not approve of this.
Delete
Section 56
Reasons for amendment: Some of the issues on which the central government has been given powers
to make rules, we feel that the Lokpal should have power to make rules on these issues.
Delete
Section 60(2)(a), (c), (d), (f), (h), (m), (o)
Add the above to section 61(2)
Add following in section 61(2):
1. Work norms for each category of officers and staff of Lokpal.2. The Lokpal may regulate the procedure for the transaction of its business or that of its
officers as also allocation of its business amongst the different benches of Lokpal.
Replace
Section 62
With
Every rule and every regulation made under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament.
Reasons for amendment: In order to prevent arbitrariness by the Chairperson, the following section
should be added.
Add:
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All policy level decisions including formulation of regulations, assignment and delegation of
functions and powers shall be taken by the Board in accordance with regulations.
Reasons for amendment: The process to file a complaint with Lokpal should be simple, just like filing an
FIR in any police station
Add:
A complaint by any person may be made in the form of a First Information Report as provided
under the Code of Criminal Procedure which will not require any payment of fee or affidavit and
could be sent to any office of the Lokpal and shall not be rejected merely on the basis of motive
or intention of the complainant.
Amendment No 30
Statement of Objects and Reasons
Replace
Their Statement of objects and reasons
With
Statement of Objects and Reasons from Jan Lokpal Bill
Amendment No 31
Allocation of business
Replace
Section 19(1)(b), 19(3), 19(4), 20, 21, 22
With
(1) Board means the Chairman and the other members of the Lokpal Collectively.
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(2) Board will make a policy with respect to the manner in which the benches shall beconstituted, work allocated amongst benches, cases transferred and grievances with respect
to allocation of any case to any bench be addressed.
Amendment No 32
Chairperson of Lokpal
Replace
3(2)(a) a Chairperson, who is or has been a Chief Justice of India or a Judge of the Supreme Court
With
3(2)(a) a Chairperson, who shall be one of the judicial members
Amendment No 33
Judiciary within the jurisdiction of Lokpal
Reasons for amendment: We had earlier suggested that investigation into allegations of corruption by
Supreme Court or High Court judges should also be investigated by Lokpal. However, government and
some honorable retired judges suggested that these matters should be looked into by a separate agency
constituted through Judicial Standards and Accountability Bill (JSA Bill). The government has presented
this Bill in the Parliament. Standing Committee has also given its report on the same. Unfortunately,
neither the Bill nor the standing committee report talks about criminal investigations and prosecution
into complaints of corruption against judges. We, therefore, suggest that either the investigations into
allegations of corruption should be done by Lokpal only. We can provide for safeguards against frivolous
complaints by requiring a seven member bench of Lokpal to give sanction for preliminary enquiry,
registration of a case and for filing prosecution.
Alternately, the government may suitably amend the JSA Bill. We If government desires to do that, we
can separately submit a set of amendments that would be required in JSA Bill.
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Amendment No 34
Amendments to the Constitution of India
We are reading in the newspapers that the government proposes to amend the Constitution of India
and give the Lokpal Constitutional status. If a constitutional amendment is being considered, we would
propose the following two amendments to strengthen anti-corruption systems:
1. Article 105:Reasons for amendment: National Commission to Review the working of the Constitution under the
Chairmanship of Justice Shri M.N. Venkatachaliah made following observations:
The law of immunity of members under the parliamentary privilege law was tested in PV Narsimha Rao
Vs. State (CBI/SPE), (AIR 1998 SC 2120). The substance of the charge was that certain members of
Parliament had conspired to bribe certain other members to vote against a no-confidence motion in
Parliament. By a majority decision the Court arrived at the conclusion that while bribe-givers, who were
members of Parliament, could not claim immunity under article 105, the bribe-takers, also members of
Parliament, could claim such immunity if they had actually spoken or voted in the House in the manner
indicated by the bribe-givers. It is obvious that this interpretation of the immunity of members of
Parliament runs counter to all notions of justice, fair play and good conduct expected from members of
Parliament. Freedom of speech inside the House cannot be used by them to solicit or to accept bribes,which is an offence under the criminal law of the country. The decision of the court in the aforesaid case
makes it necessary to clarify the true intent of the Constitution. To maintain the dignity, honour and
respect of Parliament and its members, it is essential to put it beyond doubt that the protection against
legal action under article 105 does not extend to corrupt acts.
A second issue that was raised in this case concerned the authority competent to sanction prosecution
against a member in respect of an offence involving acceptance of a consideration for speaking or voting
in a particular manner or for not voting in either House of Parliament. A Member of Parliament is not
appointed by any authority. He is elected by his or her constituency or by the State Assembly and takes
his or her seat on taking the oath prescribed by the Constitution. While functioning as a Member he or
she is subject to the disciplinary control of the presiding officer in respect of functions within the
Parliament or in its Committees. It would, therefore, stand to reason that sanction for prosecution
should be given by the Speaker or the Chairman, as the case may be.
Suggestion: The Commission made the following recommendation:
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The Commission recommends that article 105(2) may be amended to clarify that the immunity enjoyed
by Members of Parliament under parliamentary privileges does not cover corrupt acts committed by
them in connection with their duties in the House or otherwise. Corrupt acts would include accepting
money or any other valuable consideration to speak and/or vote in a particular manner. For such acts
they would be liable for action under the ordinary law of the land. It may be further provided that no
court will take cognisance of any offence arising out of a Member's action in the House without prior
sanction of the Speaker or the Chairman, as the case may be. Article 194(2) may also be similarly
amended in relation to the Members of State Legislatures.
2. Article 311:Reasons for amendment: Over the years, it has been seen that this article, rather than providing
protection to honest officers, is providing protection to dishonest ones. Despite committing graveoffences, the officers go unpunished.
Suggestion:
Replace
Article 311 (1) No person who is a member of a civil service of the Union or an all-India service or a civil
service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an
authority subordinate to that by which he was appointed.
With
Article 311 (1) No person who is a member of a civil service of the Union or an all-India service or a civil
service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an
authority subordinate to that by which he was appointed or by Lokpal or Lokayukta, as the case may be.