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1
Lokpal Bills – A Comparative Picture
Row nos.
Lokpal Bill
Govt version – “Bill no 39 of 2011” (Sections in the same order as in the proposed Bill
i.e. in serial order)
Jan Lokpal Bill
IAC’s Version 2.3 (Sections in this column more-or-less correspond to
govt version. They are NOT IN SERIAL ORDER. Some
sections, which are comparable to more than one
section of the Govt Lokpal Bill, are REPEATED.)
Comparison,
Main Points &
Observations (This draft provides only for the Lokpal for central
public servants. Similar provisions for Lokayuktas in the
States to deal with public servants of the State will
have to be incorporated in the bill)
The footnote to Jan Lokpal Bill on IAC website says
that Jan Lokpal is only for central public servants.
So we must ignore the inclusion of “state
legislature” in Section 2(k) -- the pivotal
definition of “public authority”.
1 LONG TITLE
A Bill to provide for the establishment of the
institution of Lokpal to inquire into allegations of
corruption against certain public functionaries and
for matters connected therewith
or incidental thereto.
A Bill to establish an independent authority to
investigate offences under the Prevention of Corruption
Act, 1988 to detect corruption by expeditious
investigation and to prosecute offenders and to ensure
timely redressal of certain types of public grievances
and to provide protection to whistleblowers.
1. Govt. Lokpal is intended to be an institution to:
• Enquire into allegations of corruption
against SOME public functionaries
• if prima facie case is made out, to present
a case before a special court
• to recommend disciplinary action by the
Competent Authority
2. Jan Lokpal is NOT intended to recommend
disciplinary action by the Govt department. It is
intended to:
� motivate and protect whistleblowers
� hear public grievances against ALL public
authorities at the Centre and in States
� investigate complaints of corruption
� wield powers of detection, search &
seizure
� hold trials (not just hearings)
� award punishments (not just recommend
2
punishment)
� proactively take steps to prevent
corruption before it happens
2 PREAMBLE
WHEREAS the Constitution of India established a
democratic Republic to ensure justice
for all; AND WHEREAS the country's commitment
to clean and responsive governance has to
be reflected in an effective institution to
independently inquire into and prosecute acts of
corruption; NOW, THEREFORE, it is expedient to
establish a strong and effective institution to
contain corruption. BE it enacted by Parliament in
the Sixty-second Year of the Republic of India as
follows:—
No Preamble
1. Govt Lokpal Bill preamble states that it will
establish a strong and effective institution
to contain corruption. It will aim to create
clean and responsive governance.
2. Jan Lokpal Bill has no preamble.
Chapter I Preliminary
3 SHORT TITLE & COMMENCEMENT
(1) This Act may be called the Lokpal Act, 2011.
(2) It extends to the whole of India and also applies
to public servants outside India.
(3) It shall come into force on such date as the
Central Government may, by notification
in the Official Gazette, appoint; and different dates
may be appointed for different provisions
of this Act and any reference in any provision to the
commencement of this Act shall be construed as a
reference to the coming into force of that provision.
1. (1) This Act may be called the Jan Lokpal Act, 2011.
(2) It shall come into force on 120th day of its securing
assent from the President of India.
1. Govt Lokpal Bill will come into force from
its date of being published in the Gazette.
No deadline is imposed for its
implementation, even after date of
President’s assent.
2. Jan Lokpal Bill has a 4-month deadline. It
shall come into force four months after
assent.
3
4 DEFINITIONS
(1) In this Act, unless the context otherwise
requires,—
In this Act, unless the context otherwise requires:-
5 (a) “Bench” means a Bench of the Lokpal;
(b) “Chairperson” means the Chairperson of the
Lokpal;
BENCH, CHAIRPERSON, BOARD & LOKPAL
2(a) “Board” means the Chairman and the other
members of the Lokpal Collectively.
2(c) “Lokpal” means and includes,
(i) Benches constituted under this Act and performing
functions under this Act;
(ii) Any officer or employee performing under this
(iii) The Board in rest of the cases;
2(d) “Lokpal Bench” means a Bench of 2 or more
members of the Lokpal acting together in respect of
any matter in accordance with the regulations. Each
bench shall have a member with legal background.
2(f) “Full bench” means a bench with seven members
with or without the Chairperson
1. Govt Lokpal Bill:
• Does not define “Lokpal”
• defines “Bench” in a sketchy way
2. Jan Lokpal Bill has a detailed approach to
decision-making process:
� It defines “Lokpal” as meaning its
Benches, its employees and officers
performing functions under this Act, and
the Board taking decisions.
� It relates different bench strengths to the
importance of the decision being made.
� It specifies that “Full Bench” means seven
of its total strength of eleven, with or
without Chairperson.
6 COMPETENT AUTHORITY
(c) “competent authority”, in relation to—
(i) a member of the Council of Ministers, means the
Prime Minister;
(ii) a member of Parliament, other than a Minister,
means—
No Equivalent Provisions
1. Govt. Lokpal has a detailed definition of
“competent authority” in relation to different
public servants, including Union ministers, MPs,
chairpersons of autonomous bodies constituted by
the Central Govt. (Although not specified here, the
Competent Authority is generally the authority
empowered by law to hold a particular public
servant answerable e.g. in case of govt. employees,
the head of department empowered to call for
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(A) in the case of a member of the Council of States,
the Chairman of that Council; and
(B) in the case of a member of the House of the
People, the Speaker of that House;
(iii) an officer in the Ministry or Department of the
Central Government, means the Minister in charge
of the Ministry or Department under which such
officer is serving;
(iv) a chairperson or members of any body, or Board
or corporation or authority or company or society or
autonomous body (by whatever name called)
established or constituted by an Act of Parliament
or wholly or partly financed by the Central
Government or controlled by it, means the Minister
in charge of the administrative Ministry of such
body, or Board or corporation or authority or
company or society or autonomous body;
(v) an officer of any body or Board or corporation or
authority or company or society or autonomous
body (by whatever name called) established or
constituted by an Act of Parliament or wholly or
partly financed by the Central Government or
controlled by it, means the head of such body or
Board or corporation or authority or company or
society or autonomous body;
(vi) any other case not falling under sub-clauses (i)
to (v) above, means the Central Government:
Provided that if any person referred to in sub-clause
Departmental Enquiry and order Disciplinary
Action.)
2. Jan Lokpal ignores the key concept of Competent
Authority. Jan Lokpal aims to effectively disable
Departmental Vigilance, Enquiry and Disciplinary
Action and take over those functions.
REASONS, JUSTIFICATIONS AND IMPLICATIONS:
� Jan Lokpal aims to centralize such powers
with the Lokpal.
� Currently, such powers -- wielded in every
department and PSU – have no
standardization. Vigilance, departmental
enquiries and internal investigations in
various departments are done with
varying degrees of strictness or laxity.
Subjective elements and internal politics
play a large part in all of them.
� Punishments meted out as disciplinary
action are usually mild e.g. letter of
reprimand and warning, withholding
promotions and increments etc. Unlike
the proposed Jan Lokpal punishments,
prosecution and imprisonment are
usually not sought against corrupt public
servants.
� On the flip side, as this function is
dispersed throughout the system,
Departmental Enquiry and disciplinary
Action happens reasonably promptly i.e.
in some months or a couple of years. This
is unlike centralized court procedures
with their long pendencies.
5
(iv) or sub-clause (v) is also a Member of Parliament,
then the competent authority shall be—
(A) in case such member is a Member of the Council
of States, the Chairman of that House; and
(B) in case such member is a Member of the House
of the People, the Speaker of that House;
� Jan Lokpal Bill will end the autonomy of
each and every central government
department by taking over vigilance and
departmental enquiry functions. (This is
detailed in the provisions and
explanations that follow.)
7
No Equivalent Provisions
PUBLIC AUTHORITY
2(k) “Public authority” means any authority or body or
institution of self-governance established or
constituted –
i) by or under the Constitution; or
ii) by or under any other law made by the Parliament,
or a state legislature
iii) by notification issued or order made by the
Government, and includes any body owned, controlled
or substantially financed by the Government;
1. Govt Lokpal Bill does not define public authority;
it does not have to because it clearly defines the
jurisdiction of the Lokpal, and thereby restricts it.
2. Jan Lokpal Bill does not clearly spell out Lokpal’s
jurisdiction, but assumes jurisdiction over all
“public authorities” at Central govt level. The
definition of “Public Authority” is the same as in
Right to Information Act.
8 (d) “complaint” means a complaint, made in such
form as may be prescribed, alleging that a public
servant has committed an offence punishable under
the Prevention of Corruption Act, 1988;
COMPLAINT
2(b) “Complaint” means an allegation of corruption or
a request by whistleblower for protection and
appropriate action.
2(e) “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
1. Govt Lokpal takes the Prevention of Corruption
Act 1988 as the single reference point for its
definition of corruption. Complaints would have to
be made with reference to various provisions of
this Act.
2. Jan Lokpal Bill’s definition of “Complaint” is very
wide, and creates new dimensions by inclusion of
whistleblowers’ plea. Besides offences defined
under Prevention of Corruption Act, a complaint
can include offences defined in Chapter IX of Indian
Penal Code (Offences by or relating to public
servants). It newly defines corruption over and
above these legislations, and breaks new legal
6
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 citizen’s charter by any public
servant.
ground by mandating prosecution and
punishments for offenses for which no legislation
currently exists, viz:
� Offence committed by MPs speech or vote
inside the house. MPs are currently
protected by Parliamentary privilege and
immunity in respect of all their actions in
Parliament.
� Victimization of whistleblower or witness,
although whistleblower-protection has not
been legislated in India yet.
� Violation of citizen’s charter by public
servant i.e. subtle corruption such as
delays, negligence and non-performance of
duties. The reference point for this legal
provision would be the Citizen’s Charter,
which is to be published by each
department detailing the functions it will
render to citizens. Citizen’s charter is made
mandatory by Jan Lokpal Bill.
9
No Equivalent Provisions
GRIEVANCE REDRESSAL & CITIZEN’S CHARTER
2(h) “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;
25. (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.
(2) Every citizens’ charter shall enumerate the public
Grievance Redressal is an enormous separate
exercise envisaged in Jan Lokpal Bill. (There is no
equivalent provisiojn in the Govt Lokpal Bill.) The
reference point for “grievances” is citizen’s charter
made mandatory for each public authority.
Citizen’s Charter is elaborated under the heading of
“Grievance Redressal System” in Section 25.
SALIENT FEATURES:
� This section mandates that each public
authority will prepare a specific citizen’s
charter within one year of passing of
Lokpal Bill.
7
No Equivalent Provisions
authority’s 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 citizen’s
charter within a year, Lokpal shall notify the citizen’s
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 citizen’s
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.
� If the public authority fails to do so, Lokpal
will notify the charter on its own after
consulting the public authority.
� This charter will spell out the public
authority’s various deliverables to the
citizens, with specific time limits.
� The onus for timely and proper service
delivery will be placed on the shoulders of
the head of the public authority, who will
be designated as the Grievance Redressal
Officer.
� Grievance Redressal Officer must get
grievances redressed within 30 days.
Otherwise the aggrieved person can file a
complaint before Lokpal.
� Lokpal, after hearing the Grievance
Redressal Officer, will (if the complaint is
found to be justified) impose penalty of Rs
500 per day for each day’s delay, upto a
maximum of Rs 50,000. This will be
recovered from the officer’s salary.
� Lokpal may also recommend departmental
punishment e.g. demotion, increment cut
etc.
� Lokpal may issue appropriate directions for
corrective measures to the public
authority.
� The citizen’s charter will be reviewed every
year by the public authority, in
consultation with the public.
� In every district, one officer of Lokpal will
be designated as Appellate Grievance
Officer to receive grievances. A social
8
No Equivalent Provisions
(9) The Lokpal after hearing the Grievance Redressal
Officer would impose suitable penalty not exceeding
Rs. 500/- for each day’s delay but not exceeding Rs.
50,000/- to be recovered from the salaries of the
Grievance Redressal Officer.
(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.
(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 the receipt 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
audit of his performance will happen
every six months.
� No case will be closed unless the Appellate
Grievance officer rejects the grievance, or
the grievance is redressed.
9
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 citizen’s grievance is redressed or the
case is rejected by the Appellate Grievance Officer.
10
No Equivalent Provisions
WHISTLE BLOWERS
2(m) “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.
Jan Lokpal Bill brings RTI applicants and
complainants under all forums under the authority
of the Jan Lokpal, if they are threatened or actually
harmed. (There is no equivalent provision in Govt.
Lokpal Bill.)
SALIENT FEATURES & AREAS OF CONCERN:
� Those affected by departmental
proceedings may also get protection of
Lokpal. Thus, departmental proceedings
become open to scrutiny by Jan Lokpal if a
public servant affected by it approaches
Jan Lokpal and establishes prima facie that
he was targeted for acting against
corruption. In this case, the people
holding departmental inquiries anywhere
are themselves liable to become the
target of a simultaneous inquiry.
� Public officials and others are encouraged
10
No Equivalent Provisions
21. (1) 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.
(2). 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.
(3). 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.
(4). Orders under this section shall be passed
expeditiously and in any case within a month of receipt
of complaint. Immediate action will be taken in cases
involving a threat of physical victimization.
(5) 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.
to send information of corruption
confidentially to Lokpal, who will initiate
suo moto enquiry and investigation.
� Lokpal will provide full protection to
whistle-blowers, and protect him from
physical harm and administrative
harassment. Lokpal will be able to give
suitable direction to ANY SECURITY
AGENCIES, clearly cutting across all
jurisdictional boundaries. It is not clearly
spelled out anywhere what mechanisms
and criteria Lokpal will have to
differentiate genuine cases from persons
suffering from persecution complex.
� Orders will be passed expeditiously, and
maximum within one month. Immediate
action will be taken in case of physical
victimization. Again, mechanisms for
taking “immediate action” are not clear.
� Investigations in complaints by
whistleblowers facing physical or
professional victimization will be
completed in 3 months. This suggests that
action will happen first, and investigation
will follow later.
11
11
No Equivalent Provisions
PROVISIONS TO PREVENT CORRUPTION
31. (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.
(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.
Jan Lokpal issues suo moto directions binding on
government officials and public authorities
entering into dealings with private parties. These
are in fact new laws in their own right:
� Govt officials are barred from taking up
jobs, consultancies etc. with private
parties with whom they deal in an official
capacity.
� All contracts, sale, lease and public
largesse must be done with complete
transparency, after calling for public
tenders etc. Violations of this law would
make these transactions void ab initio.
� All contracts for transfer of natural
resources by any method like sale, PPP
etc. must be put on a website by the
public authority within a week of being
signed.
12
No Equivalent Provisions
POWER TO CREATE DIFFERENT WINGS
18 (2) In particular and without prejudice to the
generality of the power contained in sub-section (1)
any such regulations may provide for all or any of the
following matters, namely:-
a) the creation of different wings in the Lokpal to deal
This Section of Jan Lokpal must be looked at with
caution, as it gives Lokpal the sweeping power to
EXPAND & DIVERSIFY LIMITLESSLY by creating
different wings. (Govt Lokpal Bill has no equivalent
provision.)
12
with different subjects like investigation, prosecution
and grievances;
13 (e) “inquiry” means an inquiry conducted under this
Act by the Lokpal;
(f) “Judicial Member” means a Judicial Member of
the Lokpal appointed as such;
INQUIRY, JUDICIAL MEMBER & JUDICIAL OFFICER
22(3) 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.
2(d) “Lokpal Bench” means a Bench of 2 or more
members of the Lokpal acting together in respect of
any matter in accordance with the regulations. Each
bench shall have a member with legal background.
2(i) “Judicial officer” means the officer appointed
under section 22 of this Act.
22(1) 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.
22(2) Lokpal shall appoint such officers, who may be
retired judges or retired civil servants or such others 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.
1. Govt Lokpal Bill specifies Judicial member of
Lokpal. Judicial members are a necessary part of
Lokpal bench, who will hold inquiry into cases after
investigation. The purpose of this inquiry is to
understand whether a case is made out for filing
chargesheet and handing over the case to Lokpal’s
Prosecution Wing. Prosecution Wing will then take
file a case before Special Judges appointed by
central government. More details in Section 23 of
Govt. Lokpal Bill.
2. Jan Lokpal Bill specifies a member with legal
background in each bench. These are not to be
confused with judicial officers, who will be directly
appointed by Jan Lokpal. The qualifications of
judicial officers are quite different from Govt
Lokpal Bill.
KEY POINTS:
� Judicial officers may be retired judges,
retired civil servants, or “others” i.e. not
necessarily people with judicial or legal
background.
� A bench of judicial officers will conduct an
“inquiry”. This bench will determine the
penalty to be awarded.
� The decision of the bench will be reviewed
and approved by a “higher authority”
(please note, not a court) prescribed by the
Lokpal through regulations. It is possible
that this higher authority may be a Lokpal
13
22(3) 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.
22(4) The recommendations so approved shall be
binding on the appointing authority.
bench constituted by Lokpal members , as
opposed to judicial officers.
� Once this is done, the recommendations
shall be binding on the appointing authority
i.e. the appointing authority will carry out
the punishment. Punishment means
dismissal, removal or reduction in rank etc.
In short, Jan Lokpal will not recommend
departmental enquiry and disciplinary action. It will
itself conduct the equivalent of a departmental
enquiry, get the decision ratified by a higher
authority that Lokpal itself appointed, and then the
decision of that inquiry will be binding on the
appointing authority.
SOME QUESTIONS:
1) Can such a legislation – widely affecting
public servants and the self-regulatory
powers of thousands of government
departments at centre and in various
states -- be made so easily without
consulting them? Does it not cut across
many lines of jurisdiction, and effectively
change dozens of laws, rules and
regulations?
2) Does this legislation honour the time-
tested principles of natural justice and
checks-and-balances? If one arm of Lokpal
carries out the investigation, another arm
of Lokpal conducts the enquiry and
awards punishment, and a third arm of
Lokpal ratifies this award, where are the
checks and balances needed for
administering justice?
14
14 LOKPAL & MEMBER
(g) “Lokpal” means the institution established under
section 3;
(h) “Member” means a Member of the Lokpal;
Not defined
15 MINISTER
(i) “Minister” means a Union Minister but does not
include the Prime Minister;
Not defined
Govt Lokpal Bill keeps the present PM outside its
ambit at the definitions stage itself. More about
this later.
16 NOTIFICATION & PRESCRIBED
(j) “notification” means notification published in the
Official Gazette and the expression “notify” shall be
construed accordingly;
(k) “prescribed” means prescribed by rules made
under this Act;
Not defined
17 PUBLIC SERVANT & GOVERNMENT SERVANT
(l) “public servant” means a person referred to in
clauses (a) to (g) of subsection (1) of section 17;
2(l) “Public servant” shall have the same meaning as
defined in section 2(c) of Prevention of Corruption Act
1988.
2(g) “Government Servant” means a public servant,
who is not an elected representative or a judicial
officer.
1. Govt Lokpal Bill defines “Public Servant” more
fully in Section 17, where it erects jurisdictional
barriers. As per Govt. Lokpal Bill, public servants
who can be investigated by Lokpal include:
• Prime Minister, after he has demitted office
• Current or former Union Minister
• Current or former Member of Parliament of
Rajya Sabha or Lok Sabha
• Group “A” officer or equivalent or above,
from amongst the public servants – those
serving in connection with the affairs of the
Union
• Chairperson or member or officer equivalent
15
to Group “A” officer in any board,
corporation or autonomous body etc.
established by Act of Parliament or wholly or
partly financed by the Central Govt or
controlled by it. (If they are currently
working in connection with any State Govt,
then consent of the concerned State Govt
will be sought.)
• Current or former director, manager,
secretary or other officer of every other
society or association of persons or trust
(whether registered under any law or not)
wholly or partly financed or aided by the
Government, or receiving public donations,
with annual income exceeding a certain
amount specified by Central Government by
notification.
PLEASE NOTE: This definition brings any civil
society under Lokpal’s ambit if they collect
donations from the public. However, a
minimum amount of donations collected will
provide the cutoff point; presumably, it will
be a reasonably high figure e.g. Rs 1 lakh, so
that the authority is not swamped with
cases.
2. As per Jan Lokpal Bill, “Public Servant” includes
all of the above (except civil society). It also
includes:
� All Central Govt employees
� Temporary staff
� Contractors and contract labour engaged
by govt in various public works.
16
� It includes current as well as past Prime
Minister, Ministers and MPs.
Jan Lokpal Bill does not define minister, it only
defines “Public Servant” and “Government
Servant”. Judicial officers and elected
representatives are Public Servants but not
Government Servants. However, most of the time,
Jan Lokpal Bill uses the two terms interchangeably.
(More about this in discussion of Section 17 of
Govt Lokpal Bill)
18 REGULATIONS, RULES & SCHEDULE
(m) “regulations” means regulations made under
this Act;
(n) “rules” means rules made under this Act;
(o) “Schedule” means a Schedule to this Act;
Not defined
Some mundane but important items are not
defined or specified in the Jan Lokpal Bill.
19 SPECIAL COURT
(p) “Special Court” means the court of a Special
Judge appointed under subsection (1) of section 3 of
the Prevention of Corruption Act, 1988.
6. The Lokpal shall have the following functions and
powers:
e) to initiate prosecution before a Special Court
established under the Prevention of Corruption Act,
1988
f) to ensure the proper prosecution of cases before a
Special Court established under the Prevention of
Corruption Act, 1988.
1. Govt Lokpal defines Special Court in terms of
Section 3(1) of Prevention of Corruption Act 1988.
This section says: “(1) The Central Government or
the State Government may, by notification in the.
Official Gazette, appoint as many special Judges as
may be necessary for such area or areas or for such
case or group of cases as may be specified in the
notification to try the following offences, namely: -
(a) any offence punishable under this Act; and
(b) any conspiracy to commit or any attempt to
commit or any abetment of any of the offences
specified in clause (a).
(2) A person shall not be qualified for appointment
as a special Judge under this Act unless he is or has
17
been a Sessions Judge or an Additional Sessions
Judge or an Assistant Sessions Judge under the
Code of Criminal Procedure, 1973.”
2. Jan Lokpal Bill does not define Special Courts,
but refers to the same under functions and powers
of Lokpal to prosecute.
KEY POINTS:
� Can the Central Government appoint
Special Judges who will fall under the
jurisdiction of High Courts in each State?
Isn’t it the job of State Govts?
� As special judges will be direct appointees
of the government, it will be the
government’s prerogative to pick and
choose. Lokpal seeks to prosecute
ministers and bureaucrats before such
judges. Isn’t there a fatal conflict of
interest being ignored by both Govt
Lokpal and Jan Lokpal Bill, and Prevention
of Corruption Act itself?
20
No Equivalent Provisions
PENALTY & PUNISHMENTS
2(j) “Penalty” under this Act means punishment of
dismissal, removal or reduction in rank
PUNISHMENTS:
23. (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
1. Govt Lokpal Bill derives the Penalties and
Punishments from existing laws such as Prevention
of Corruption Act 1988, Central Civil Services Rules
1965 etc. and applies it to different offenses.
Therefore, it does not find the need to issue fresh
definitions or fresh directions in this category.
2. Jan Lokpal Bill creates a brand new set of
punishments:
� Minimum punishment for “acts of
corruption” is six months of rigourous
18
higher rank of an accused person to inflict a more
severe punishment.
(3) 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.
(4) 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 company’s promoters shall be
blacklisted and be ineligible for undertaking any
government work or contract in future.
(5) If a public servant is convicted under the Prevention
of Corruption Act, such public servant shall stand
removed from his office.
24. 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.
imprisonment.
� Maximum punishment for corruption is
life imprisonment.
� Public servant convicted of corruption will
lose his job.
� If the beneficiary of an offense is a
business entity, then in addition to all the
other punishments under this Act and
Prevention of Corruption Act, a fine of
upto five times the loss to public will be
recovered from the assets of the business
entity, and from the personal assets of its
managing directors if the assets of the
directly accused person are inadequate.
� If a company or any of its officers or
directors are convicted of corruption, then
that company and all other companies will
be blacklisted for undertaking any govt
work or contract.
� If the Drawing and Disbursing Officer fails
to deduct Lokpal’s fines from his salary,
then he will himself become liable for a
similar penalty.
QUESTION: Is it so easy to invent stern
punishments without consulting all those who
would be affected by the rule-making? Are all of
these in keeping with principles of natural justice?
19
21 (2) Words and expressions used herein and not
defined in this Act but defined in the Prevention of
Corruption Act, 1988, shall have the meanings
respectively assigned to them in that Act.
(3) Any reference in this Act to any other Act or
provision thereof which is not in force in any area to
which this Act applies shall be construed to have a
reference to the corresponding Act or provision
thereof in force in such area.
CONFLICTS WITH OTHER ACTS & LAWS
3. Notwithstanding anything in any other Act or Law
the provisions of this Act shall prevail and to the extent
that the provisions of this Act are repugnant to any
other provision in any other Act or law, the provisions
in other Acts or laws shall stand amended to the extent
of such repugnancy.
1. Govt Lokpal depends on Prevention of
Corruption Act 1988 for its definitions. It takes the
support of existing legal framework.
2. Jan Lokpal Bill assumes the power to override
any existing legislation that contradicts it. In the
ecosystem of India’s legislations and various
authorities, it assumes that the highest place can
be given to Lokpal without a debate.
Chapter 2 Establishment of Lokpal
22 3. (1) As from the commencement of this Act, there
shall be established, for the purpose of making
inquiries in respect of complaints made under this
Act, an institution to be called the “Lokpal”.
(2) The Lokpal shall consist of—
(a) a Chairperson, who is or has been a Chief Justice
of India or a Judge of the Supreme Court; and
(b) such number of Members, not exceeding eight
out of whom fifty per cent shall be Judicial
Members.
(3) A person shall be eligible to be appointed,—
(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;
(b) as a Member other than a Judicial Member, if he
is a person of impeccable integrity, outstanding
ESTABLISHMENT OF LOKPAL
4. (1) Immediately after the commencement of this
Act, the Central Government by a Notification shall
establish an institution known as Lokpal, who would
have administrative, financial and functional
independence from the government.
(2) The Lokpal shall consist of a Chairperson and 10
other members and various officers under them at
different levels to perform such functions as are
assigned to them under this Act.
(3) The Chairperson and the 10 members of the Lokpal
shall be appointed by the President on the
recommendation of a Selection Committee.
(4) The following shall not be eligible to become
1. Govt Lokpal Bill stresses that the Chairperson of
Lokpal will be at least a Supreme Court judge, and
half the remaining eight members shall be judicial
members. These judicial members will be judges of
Supreme Court of Chief Justices of High Court.
Other members shall be persons of impeccable
integrity, and special knowledge of at least 25
years in anti-corruption policy, administration,
vigilance, banking law, management etc. They shall
not be MLAs, and cannot continue to hold business
interests or practise any other profession.
2. Jan Lokpal Bill sets the professional bar
considerably lower for qualification as a candidate:
� Any citizen of India above 45 years can
qualify if he has never been charged with
moral turpitude, and if he wasn’t in
government service in the past two years.
20
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.
(4) The Chairperson or a Member shall not be a
member of Parliament or a member of the
Legislature of any State or Union territory and shall
not hold any office of trust or profit (other than the
office as the Chairperson or a Member) or be
connected with any political party or carry on any
business or practise any profession and accordingly,
before he enters upon his office, a person appointed
as the Chairperson or a Member, as the case may
be,
shall, if –
(a) he holds any office of trust or profit, resign from
such office; or
(b) he is carrying on any business, sever his
connection with the conduct and management of
such business; or
(c) he is practising any profession, cease to practise
such profession.
(5) The Chairperson and every Member shall, before
entering upon his office, make and subscribe before
the President an oath or affirmation in the form set
out in the First Schedule.
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.
4(5) At least four members of Lokpal shall have a legal
background.
Explanation: “Legal Background” means that the
person should have held a judicial office in the territory
of India for at least ten years or should have been an
advocate in a High Court or the Supreme Court for at
least fifteen years.
4(17) 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.
4(18) 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.
4(21) The Chairperson or members of Lokpal shall not
be serving member of either the Parliament or the
� Of the 11 Jan Lokpals (Chairperson plus 10
members), at least four should have legal
background i.e. have held judicial office
for at least 10 years, or should have been
an advocate in High Court or Supreme
Court for at least 15 years.
� Conversely, this means that six out of ten
Jan Lokpal members WITHOUT such
qualifications will wield the Lokpal’s
sweeping powers. Their only qualification
will be not having been charged with
moral turpitude – and that means 99.9
percent of us.
However, a person cannot be appointed if three
members of the selection committee disapprove of
him.
Also, if the selection committee feels that his
earlier associations with any persons or activity will
continue to hinder his functioning as Lokpal, then
he will not be appointed as Lokpal.
21
Legislature of any State and shall not hold any office of
profit (other than the office as Chairperson or member)
or carry on any business or practice any profession and
accordingly, before he enters upon his office, a person
appointed as the Chairperson or member of Lokpal
shall-
(i) if he holds any office or profit, resign from such
office; or
(ii) if he is carrying on any business, sever his
connection with the conduct and management of such
business; or
(iii) if he is practicing any profession, suspend practice
of such profession, or
(iv) if he is associated directly or indirectly with any
other activity, which is likely to cause conflict of
interest in the performance of his duties in Lokpal, he
should suspend his association with that activity.
Provided that if even after the suspension, the earlier
association of that person with such activity is likely to
adversely affect his performance at Lokpal, that person
shall not be appointed as a member or Chairperson of
Lokpal.
23 APPOINTMENT OF SELECTION COMMITTEE
4. (1) The Chairperson and Members shall be
appointed by the President after obtaining
the recommendations of a Selection Committee
consisting of—
(a) the Prime Minister — chairperson;
(b) the Speaker of the House of the People —
member;
4(6) 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 Lok Sabha
(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
(v) The Chief Election Commissioner of India
1. Govt Lokpal will be selected by a committee
comprising PM, Speaker, Leaders of Opposition in
Lok Sabha and Rajya Sabha, a Union cabinet
minister, one sitting judge each of of SC and HC,
one eminent jurist and one person of eminence in
public life.
2. Jan Lokpal shall be selected by PM, Leader of
Opposition in Lok Sabha, two judges each of
22
(c) the Leader of Opposition in the House of the
People—member;
(d) the Leader of Opposition in the Council of States
– member;
(e) a Union Cabinet Minister to be nominated by the
Prime Minister —member;
(f) one sitting Judge of the Supreme Court to be
nominated by the Chief Justice of India—member;
(g) one sitting Chief Justice of a High Court to be
nominated by the Chief Justice of India—member;
(h) one eminent Jurist to be nominated by the
Central Government — member;
(i) one person of eminence in public life with wide
knowledge of and experience in anti-corruption
policy, public administration, vigilance, policy
making, finance including insurance and banking,
law, or management to be nominated by the Central
Government – member.
(2) No appointment of a Chairperson or a Member
shall be invalid merely by reason of any vacancy in
the Selection Committee.
(vi) The Comptroller & Auditor General of India
(vii) All previous Chairpersons of Lokpal.
Supreme Court and High Courts, CEC, CAG and all
previous Chairpersons of Lokpal.
24 SELECTION PROCEDURE
(3) The Selection Committee may, if it considers
necessary for the purposes of selecting the
Chairperson and Members of the Lokpal and for
preparing a panel of persons to be considered for
appointment as such, constitute a Search
Committee consisting of such persons of standing
and having special knowledge and expertise in the
matters relating to anti-corruption policy, public
administration, vigilance, policy making, finance
4(7) 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.
(8) 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
1. Govt Lokpal Bill makes it optional for the
Selection Committee to constitute a Search
Committee to prepare a panel of suitable
candidates. The Selection Committee will regulate
its own selection procedure – no transparent
procedure is specified. The composition of the
Search Committee is also not specified.
2. Jan Lokpal Bill specifies an extremely rigorous
and open pre-selection procedure. It stipulates
that:
23
including insurance and banking, law, and
management, or in any other matter which, in the
opinion of the Selection Committee, may be useful
in making selection of the Chairperson and
Members of the Lokpal.
(4) The Selection Committee shall regulate its own
procedure for selecting the Chairperson and
Members of the Lokpal which shall be transparent.
(5) The term of the Search Committee referred to in
sub-section (3), the fee and allowances payable to
its members and the manner of selection of panel of
names shall be such as may be prescribed.
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.
(9) 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.
(10) 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.
(11) 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.
(12) The search committee, using any other means,
shall collect as much information about the
background and past achievements of these
candidates.
(13) 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.
� Lokpal Chairperson and 10 members
MUST be selected from the panel of
names given by the Search Committee.
� Who will constitute the Search Committee
is clearly specified
� Transparent procedure of selection, by
inviting nominations of eminent persons
with suitable criteria
� The details of the recommendations must
include the nominees’ background.
� The efforts that must be made by the
Selection committee to verify the
eligibility of the candidates/nominees
� Inviting comments from the public
concerning suitability or otherwise of each
nominee
� Consideration to be given to inputs from
the public before preparing shortlist
� Further inputs from the public are to be
solicited on the shortlisted candidates
before it goes before the Selection
committee.
24
(14) The Search Committee after taking into
consideration the comments/information received
from the public shall prepare, preferably through
consensus, the short list of 3 times the number of
persons to be appointed as members of the Lokpal.
(15) Any nominations to which objections are raised by
any 3 members of the Search Committee shall not be
included in the short list.
(16) 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.
25 FILLING UP OF VACANCIES
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.
4(19) The Government shall fill up a vacancy of the
Chairperson or a member 3 months before the
member or the Chairperson is due to retire. If the
vacancy arises due to unforeseen reasons, it shall be
filled within three months of such vacancy arising.
1. Govt Lokpal Bill puts the onus on President to
ensure that necessary steps are taken for
appointment of new Chairperson and members
three months before the old one retires.
2. Jan Lokpal Bill puts the onus on “the
government”. Presumably, that means the PMO
will be held responsible.
A CONTRADICTION ARISES HERE: Whichever
authority is responsible for filling up vacancies
becomes the appointing authority or Competent
Authority of the Lokpal. Can Lokpal have the
constitutional powers to investigate and prosecute
its own Competent Authority?
25
26 TERM OF OFFICE
6. The Chairperson and every Member shall, on the
recommendations of the Selection Committee, be
appointed by the President by warrant under his
hand and seal and hold office as such for a term not
exceeding five years from the date on which he
enters upon his office or until he attains the age of
seventy years, whichever is earlier:
Provided that he may—
(a) by writing under his hand addressed to the
President, resign his office; or
(b) be removed from his office in the manner
provided in section 8.
4(22) A person appointed as the Chairperson or
member of Lokpal shall hold office for a term of five
years from the date on which he enters upon his office
or upto the age of 70 years, whichever is earlier;
Provided that ,-
(a) the Chairperson or member of Lokpal may, by
writing under his hand addressed to the President,
resign from his office;
(b) the Chairperson or member may be removed from
office in the manner provided in this Act.
1. Govt Lokpal Bill specifies that Chairperson or
member shall be appointed by President of India,
and have a five year term, or retire upon reaching
the age of 70.
2. Jan Lokpal Bill is almost identical in this respect.
27 SALARY, ALLOWANCES & CONDITIONS OF SERVICE
7. The salary, allowances and other conditions of
service of—
(i) the Chairperson shall be the same as those of the
Chief Justice of India;
(ii) other Members shall be the same as those of a
Judge of the Supreme Court:
Provided that if the Chairperson or a Member is, at
the time of his appointment, in receipt of pension
(other than disability pension) in respect of any
previous service under the Government of India or
under the Government of a State, his salary in
respect of service as the Chairperson or, as the case
may be, as a Member, be reduced—
4(23) There shall be paid to the Chairperson and each
member a salary equal to that of the Chief Justice of
India and that of the judge of the Supreme Court
respectively;
4(24) The allowances and pension payable to and other
conditions of service of the Chairperson or a member
shall be such as may be prescribed by the government;
Provided that the allowances and pension payable to
and other conditions of service of the Chairperson or a
member shall not be varied to his disadvantage after
his appointment.
1. Govt Lokpal Bill specifies that Chairperson will
enjoy the salary, allowance and other conditions
equivalent to Chief Justice of India, and other
members will enjoy those of Supreme Court
judges. It also stipulates the conditions of the
pension.
2. Jan Lokpal Bill is almost identical in this respect.
26
(a) by the amount of that pension; and
(b) if he has, before such appointment, received, in
lieu of a portion of the pension due to him in
respect of such previous service, the commuted
value thereof, by the amount of that portion of the
pension:
Provided further that the salary, allowances and
pension payable to, and other conditions of service
of, the Chairperson or a Member shall not be varied
to his disadvantage after his appointment.
28 REMOVAL & SUSPENSION
8. (1) Subject to the provisions of sub-section (3),
the Chairperson or any Member shall be removed
from his office by order of the President on the
grounds of misbehaviour after the Supreme Court,
on a reference being made to it —
(i) by the President, or
(ii) by the President on a petition being signed by at
least one hundred Members of Parliament, or
(iii) by the President on receipt of a petition made
by a citizen of India and where the President is
satisfied that the petition should be referred, has,
on an inquiry held in accordance with the procedure
prescribed in that behalf, reported that the
Chairperson or such Member, as the case may be,
ought to be removed on such ground.
11. (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.
1. Govt Lokpal Bill states that President may
suspend or remove Chairperson or member from
office based on charges of corruption,
misbehaviour, engaging in any business while in
office, infirmity etc. President will refer this to
Supreme Court for its opinion.
2. In addition to the above, Jan Lokpal Bill
recommends that Supreme Court must give its
opinion within three months. It specifies a fine and
imprisonment of upto one year if the complaint is
found to be frivolous or in bad faith.
27
(2) The President may suspend from office the
Chairperson or any Member in respect of whom a
reference has been made to the Supreme Court
under sub-section (1) until the President has passed
orders on receipt of the report of the Supreme
Court on such reference.
(3) Notwithstanding anything contained in sub-
section (1), the President may, by order, remove
from the office the Chairperson or any Member if
the Chairperson or such Member, as the case may
be,—
(a) is adjudged an insolvent; or
(b) engages, during his term of office, in any paid
employment outside the duties of his office; or
(c) is, in the opinion of the President, unfit to
continue in office by reason of infirmity of mind or
body.
(4) If the Chairperson or any Member is, or
becomes, in any way concerned or interested in any
contract or agreement made by or on behalf of the
Government of India or the Government of a State
or participates in any way in the profit thereof or in
any benefit or emolument arising therefrom
otherwise than as a member and in common with
the other members of an incorporated company, he
shall, for the purposes of sub-section (1), be
deemed to be guilty of misbehaviour.
(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.
28
29 RESTRICTION ON EMPLOYMENT
9. (1) On ceasing to hold office, the Chairperson and
every Member shall be ineligible for—
(i) reappointment as the Chairperson or a Member
of the Lokpal;
(ii) any diplomatic assignment, appointment as
administrator of a Union territory and such other
assignment or appointment which is required by law
to be made by the President by warrant under his
hand and seal;
(iii) further employment to any other office of profit
under the Government of India or the Government
of a State;
(iv) contesting any election of President or Vice
President or Member of either House of Parliament
or Member of either House of a State Legislature or
Municipality or Panchayat within a period of five
years from the date of cessation of holding the
office of the Chairperson or Member.
(2) Notwithstanding anything contained in sub-
section (1), a Member shall be eligible to be
appointed as a Chairperson, if his total tenure as
Member and Chairperson does not exceed five
years.
4(25) The Chairperson and members of Lokpal shall not
be eligible for appointment to any position in the
Government of India or the government of any State or
any such body which is funded by any of the
Governments or for contesting elections to Parliament,
State Legislature or local bodies.
1. Govt Lokpal Bill stipulates that after having
served as Chairperson or member of Lokpal, he
cannot take up diplomatic assignments or
government positions at either Centre or State
government, nor can he stand for elections of
parliament, State Legislature, or local bodies. It
also states that a Member can be made
Chairperson, but his total tenure will be five years.
2. Jan Lokpal Bill is almost identical in this respect,
except that it is silent on the elevation of Member
to the position of Chairperson.
29
30 MEMBER TO ACT AS CHAIRPERSON IN CERTAIN
CIRCUMSTANCES
10. (1) In the event of occurrence of any vacancy in
the office of the Chairperson by reason of his death,
resignation or otherwise, the President may, by
notification, authorise the senior-most Member to
act as the Chairperson until the appointment of a
new Chairperson to fill such vacancy.
(2) When the Chairperson is unable to discharge his
functions owing to absence on leave or otherwise,
the senior-most Member available, as the President
may, by notification, authorise in this behalf, shall
discharge the functions of the Chairperson until the
date on which the Chairperson resumes his duties.
4(19) The Government shall fill up a vacancy of the
Chairperson or a member 3 months before the
member or the Chairperson is due to retire. If the
vacancy arises due to unforeseen reasons, it shall be
filled within three months of such vacancy arising.
1. Govt Lokpal Bill says that in the event of the
Chairperson’s office falling vacant due to
unforeseen circumstances, or becomes unable to
discharge his duties for some time, the President
may issue a notification authorizing the senior-
most member to act as Chairperson until the
appointment of a new Chairperson.
2. Jan Lokpal Bill is silent on what happens if the
office of Chairperson falls vacant.
31 SECRETARY & OTHER OFFICERS
11. (1) The appointment of secretary and other
officers and staff of the Lokpal shall be made by the
Chairperson or such Member or officer of Lokpal as
the Chairperson may direct:
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.
5. The Lokpal shall select and appoint a Secretary to
the Lokpal who will have the rank of Secretary to the
Government of India. He shall be competent to
authenticate all orders passed by the Lokpal.
(20) The Officers in the Lokpal shall be appointed by
the Board or any other authority designated by the
Regulations whether on a permanent basis or on a
temporary basis.
1. Govt Lokpal Bill stipulates that Chairperson or
member or even other officers of Lokpal may
appoint secretary and other officers. Such
appointments must be made after consultation
with UPSC.
2. Jan Lokpal Bill is silent about UPSC. However, it
stipulates that the Secretary will have the rank of a
Secretary of Union Govt. He will be competent to
authenticate all the orders of Lokpal.
32 SALARIES, ALLOWANCES & CONDITIONS OF
SERVICE
(2) Subject to the provisions of any law made by
6. The Lokpal shall have the following functions and
powers:
g) to provide by rules for the terms and conditions of
service including the allowances and pension payable
1. Govt Lokpal Bill says that all regulations made
regarding conditions of service of secretary,
officers and staff of Lokpal are subject to (a)
provisions of law made by Parliament and (b)
30
Parliament, the conditions of service of secretary
and other officers and staff of the Lokpal shall be
such as may be specified by regulations made by the
Lokpal for the purpose:
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.
to the officers and staff of the Lokpal.
approval of the President.
2. Jan Lokpal Bill is silent on this seeking approval
for salaries and allowances. It is uncertain whether
this is an omission in drafting, or a deliberate
assertion of Lokpal’s independence.
However, Sec 18(3) states that for regulations
framed for creation of different wings in the
Lokpal, conferment of authority on officers, their
work norms etc, Jan Lokpal will seek approval from
Parliament.
Chapter 3 Investigation Wing
33 INVESTIGATION WING
12. (1) Notwithstanding anything contained in any
law for the time being in force, the Lokpal shall
constitute an Investigation Wing for the purpose of
conducting investigation of any offence alleged to
have been committed by a public servant
punishable under the Prevention of Corruption Act,
1988:
Provided that till such time the Investigation Wing is
constituted by the Lokpal, the Central Government
shall make available such number of investigation
officers and other staff from such of its Ministries or
Departments, as may be required by the Lokpal, for
carrying out investigation under this Act.
(2) The Central Government may, after obtaining
18. (1) The Lokpal may by notification make regulations
consistent with this Act to carry out the provisions of
this Act.
(2) In particular and without prejudice to the generality
of the power contained in sub-section (1) any such
regulations may provide for all or any of the following
matters, namely:-
a) the creation of different wings in the Lokpal to deal
with different subjects like investigation, prosecution
and grievances;
b) the conferment of authority on officers at different
levels to exercise powers under the Act and to lay
down the procedure for any inquiries including those
relating to complaints against its officers or members
of staff ;
c) periods within which the investigations and inquiries
have to be completed
1. Govt Lokpal Bill states that Lokpal shall
constitute an Investigation Wing to investigate
offences punishable under Prevention of
Corruption Act, for which officers and staff will be
made available by the Central Govt. – evidently
from the police force. After getting the consent of
the State Govt, it may extend the jurisdiction of the
Investigation Wing to the State Govt offices, as if
they were members of the police force of that
state.
2. Jan Lokpal Bill is sketchy in this area. It states
that investigation wing and others will be created.
AREA OF CONCERN: It does not say where it will
derive its staff requirements from, and whether
they will be from the police force or from civil
society. It says that work norms and time limits for
completion of the work will be stipulated by the
31
consent of the concerned State Government, by
notification, extend the powers and jurisdiction of
officers of the Investigation Wing of the Lokpal in
that State and the provisions of sub-sections (2) and
(3) of section 5 of the Delhi Special Police
Establishment Act, 1946, shall apply as if the
members of the Investigation Wing were members
of the police force of that State.
d) To provide for the taking of certain decisions by
appropriate benches of the Lokpal by circulation only.
(e) Work norms for each category of officers and staff
of Lokpal.
regulations and procedures framed by the Lokpal.
34 INVESTIGATION OFFICER TO HAVE POWERS OF
POLICE
13. (1) No investigation shall be made by an
investigation officer of the Investigation Wing below
the rank of a Deputy Superintendent of Police or by
any other officer of equivalent rank.
(2) The investigation officers of the Investigation
Wing shall have, in relation to the investigation of
such offences referred to in sub-section (1) of
section 12, all the powers, duties, privileges and
liabilities which police officers have in connection
with the investigation of such offences under the
Prevention of Corruption Act, 1988.
(4) 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.
1. Govt Lokpal specifies that all investigations will
be done by an officer of the rank of DSP. The
parameters of the investigation will be as per the
offences under Prevention of Corruption Act 1988.
2. Jan Lokpal Bill states that complaint will be in the
form of an FIR as defined in CrPC.
35 INVESTIGATION OFFICER TO INQUIRE ON
DIRECTION OF LOKPAL
14. (1) The Lokpal may, before holding any inquiry
under this Act, by an order, require the investigation
officer of its Investigation Wing to make, or cause to
be made, a preliminary investigation in such manner
as it may direct and submit a report to the Lokpal,
(5) The investigation in any case shall not be closed by
the investigating officer without recording reasons for
such closure.
1. Govt. Lokpal Bill says that before a full-scale
investigation is to be conducted, a preliminary
investigation must be conducted to discover
whether Lokpal should go further with this case.
The time limit is to be specified by Lokpal.
2. Jan Lokpal Bill does not specify any procedure to
verify whether or not the FIR is warranted.
32
within such time as may be specified by the Lokpal,
to enable it to satisfy itself as to whether or not the
matter requires to be inquired into by the Lokpal.
(2) The investigation officer on receipt of an order
under sub-section (1) shall complete the
investigation and submit his report within the time
specified under that sub-section.
However, it specifies that the investigating officer
must necessarily record reasons if any case is to be
closed.
Chapter 4 Prosecution Wing & Appointment of
Director of Prosecution
36 PROSECUTION WING
15. (1) The Lokpal may, by notification, constitute a
prosecution wing and appoint a Director of
prosecution and such other officers and employees
to assist the Director of Prosecution for the purpose
of prosecution of public servants in relation to any
complaint by the Lokpal under this Act.
(2) The Director of prosecution shall, after having
been so directed by the Lokpal, file a complaint
before the Special Court, and take all necessary
steps in respect of the prosecution of public
servants in relation to any offence punishable under
the Prevention of Corruption Act, 1988.
18. (1) The Lokpal may by notification make regulations
consistent with this Act to carry out the provisions of
this Act.
(2) In particular and without prejudice to the generality
of the power contained in sub-section (1) any such
regulations may provide for all or any of the following
matters, namely:-
a) the creation of different wings in the Lokpal to deal
with different subjects like investigation, prosecution
and grievances;
b) the conferment of authority on officers at different
levels to exercise powers under the Act and to lay
down the procedure for any inquiries including those
relating to complaints against its officers or members
of staff ;
c) periods within which the investigations and inquiries
have to be completed
d) To provide for the taking of certain decisions by
appropriate benches of the Lokpal by circulation only.
1. Govt Lokpal Bill specifies that prosecution wing
will take steps to prosecute public servants under
Prevention of Corruption Act 1988.
2. Jan Lokpal Bill is sketchy on this count. It has a
wider ambit, but the limits of its powers are not
specified.
33
(e) Work norms for each category of officers and staff
of Lokpal.
Chapter 5 Expenses on the Institution of the Lokpal
37 EXPENSES OF THE LOKPAL
16. The expenses of the Lokpal, including all salaries,
allowances and pensions payable to or in respect of
the Chairperson, Members or secretary or other
officers or staff of the Lokpal, shall be charged on
the Consolidated Fund of India and any fees or other
moneys taken by the Lokpal shall form part of that
Fund.
26. (1) All expenses of the Lokpal shall be charged to
the Consolidated fund of India.
(2) The Board shall finalise the Lokpal’s budget in such
a manner that it is less than ¼ % of the total revenues
of the Government of India.
(3) Lokpal shall not need any administrative or financial
sanction from any government agency to incur
expenditure.
1. Govt. Lokpal Bill does not specify any ceiling to
the budget of Lokpal.
2. Jan Lokpal Bill specifies limit of one-fourth
percent of Consolidated Fund of India. However, it
specifies that it will not need administrative or
financial sanction from government. This is to
ensure working conditions similar to independence
of Judiciary.
How much is one-fourth percent of Govt
Revenues? Budget 2010-11 states that total
receipts in Consolidated Fund (revenue plus capital
receipts) are Rs. 46,62,263 crore. One-fourth
percent of that amount is Rs. 11,656 crore. Just to
give you an idea of how much money this is, this is
more than 10% of Indian Railways gross earnings
for the year. Visualize the ticket fare of one in ten
passengers and freight of one in ten good trains
going directly to Lokpal!
Chapter 6 Jurisdiction in Respect of Inquiry
38 17. (1) Subject to the other provisions of this Act,
the Lokpal shall inquire into any matter involved in,
or arising from, or connected with, any allegation of
INVESTIGATION AND PROSECUTION AGAINST HIGH
FUNCTIONARIES
1. Govt Lokpal specifies that:
• Jurisdiction is restricted to Union of
Ministers (except PM), current and past
34
corruption made in a complaint in respect of the
following, namely:—
(a) a Prime Minister, after he has demitted the
office of the Prime Minister;
(b) any other person who is or has been a Minister
of the Union;
(c) any person who is or has been a Member of
either House of Parliament;
(d) any Group “A” officer or equivalent or above,
from amongst the public servants defined in sub-
clauses (i) and (ii) of clause (c) of section 2 of the
Prevention of Corruptions Act, 1988 when serving or
who has served, in connection with the affairs of the
Union;
(e) any person who is or has been a chairperson or
member or officer equivalent to Group “A” officer
referred to in clause (d) or equivalent or above in
any body or Board or corporation or authority or
company or society or trust or autonomous body
(by whatever name called) established by an Act of
Parliament or wholly or partly financed by the
Central Government or controlled by it:
Provided that in respect of such officers referred to
in clause (d) who have served in connection with the
affairs of the Union or in any body or Board or
corporation or authority or company or society or
trust or autonomous body referred to in this clause
17. (1) No investigation or prosecution shall be initiated
without obtaining permission from a 7-Member Bench
of the Lokpal against any of the following persons:-
i) The Prime Minister and any other member of the
Council of Ministers
ii) Any judge of the Supreme Court or any High Court
iii) Any Member of the Parliament
MPs of Lok Sabha and Rajya Sabha, and
officers of Group A, equivalent rank or
above in government or its boards, PSUs
etc.
• If such officers are serving State Govt.,
then State Govt’s permission will be
sought.
• Prime Minister will fall under its ambit
after he demits office.
• MPs conduct in the Parliament --
statements, questions asked, voting etc.
will not be investigated.
• The jurisdiction includes trustees,
directors, officers etc. of every other
society, association, trust etc. – whether
registered or otherwise – if the funds
collected by it exceed a limit specified by
Central Govt. by notification. While
bodies formed for a religious purpose are
spared, other civil-society bodies –even
unregistered bodies are not.
• Lokpal cannot appoint a separate Enquiry
Commission for dealing with complaints
made to it.
• Lokpal can enquire into any person who
falls within the ambit of Prevention of
Corruption Act 1988 (such as those acting
on behalf of government, deputised by
govt etc.)
• It will only deal with complaints that
allege wrongdoing by a public servant (as
defined by Prevention of Corruption Act)
DURING HIS TENURE in that capacity –
35
but are working in connection with the affairs of the
State or in any body or Board or corporation or
authority or company or society or trust or
autonomous body (by whatever name called)
established by an Act of the State Legislature or
wholly or partly financed by the State Government
or controlled by it, the Lokpal and the officers of its
Investigation Wing or prosecution Wing shall have
jurisdiction under this Act in respect of such officers
only after obtaining the consent of the concerned
State Government;
(f) any person who is or has been a director,
manager, secretary or other officer of every other
society or association of persons or trust (whether
registered under any law for the time being in force
or not) wholly or partly financed or aided by the
Government and the annual income of which
exceeds such amount as the Central Government
may by notification specify;
(g) any person who is or has been a director,
manager, secretary or other officer of every other
society or association of persons or trust (whether
registered under any law for the time being in force
or not) in receipt of any donation from the public
and the annual income of which exceeds such
amount as the Central Government may by
notification specify:
Provided that nothing in this section shall apply in
relation to the Prime Minister, in whatever capacity
he may be holding an office as a public functionary:
not before or after that tenure.
2. Jan Lokpal does not accept limits on its
jurisdiction. However, it specifies that it
will seek clearance from a 7-member
bench before investigating or prosecuting
Prime Minister, any member of Council of
Ministers, any judge of Supreme Court or
High Court, or any MP.
• Jan Lokpal is not designed to address the
issue of corruption by civil society
organizations such as NGOs and Trusts. It
only recognizes corruption by Public
Authorities.
36
Provided further that any person referred to in this
clause shall be deemed to be a public servant under
clause (c) of section 2 of the Prevention of
Corruption Act, 1988 and the provisions of that Act
shall apply accordingly:
Provided also that nothing in clauses (e) and (f) and
this clause shall apply to any society or association
of persons or trust constituted for religious
purposes.
(2) Notwithstanding anything contained in sub-
section (1), the Lokpal SHALL NOT INQUIRE into any
matter involved in, or arising from, or connected
with, any such allegation of corruption against any
Member of either House of Parliament in respect of
anything said or a vote given by him in Parliament or
any committee thereof covered under the
provisions contained in clause (2) of article 105 of
the Constitution.
(3) The Lokpal may inquire into any act or conduct
of any person other than those referred to in sub-
section (1), if such person is associated with the
allegation of corruption under the Prevention of
Corruption Act, 1988:
Provided that, no action under this section shall be
taken in case of a person serving in connection with
the affairs of a State, without the consent of the
State Government.
(4) No matter in respect of which a complaint has
37
been made to the Lokpal under this Act, shall be
referred for inquiry under the Commissions of
Inquiry Act, 1952.
Explanation.—For the removal of doubts, it is
hereby declared that a complaint under this Act
shall only relate to a period during which the public
servant was holding or serving in that capacity.
39 MATTERS PENDING BEFORE ANY COURT OR
COMMITTEE
18. In case any matter or proceeding related to
allegation of corruption under the Prevention of
Corruption Act, 1988 has been pending before any
court or committee of either House of Parliament or
before any other authority prior to commencement
of this Act or prior to commencement of any inquiry
after the commencement of this Act, such matter or
proceeding shall be continued before such court,
committee or authority.
Explanation.—For the removal of doubts, it is herby
declared that continuance of such matter or
proceeding before any court or committee of either
House of Parliament or before any other authority,
except for such matters as are protected under
clause (2) of article 105 of the Constitution or are
pending before a court, shall not affect the power of
the Lokpal to inquire into such matter under this
Act.
No Equivalent Provisions
1. Govt Lokpal specifies that matters pending
before any court or committee of Lok Sabha or
Rajya Sabha will not be taken up as fresh cases by
Lokpal. However, Lokpal has powers to inquire into
such matters also.
2. Jan Lokpal is silent on this front.
38
40 CONSTITUTION OF BENCHES OF LOKPAL
19. (1) Subject to the provisions of this Act, —
(a) the jurisdiction of the Lokpal may be exercised
by Benches thereof;
(b) a Bench may be constituted by the Chairperson
with two or more Members as the Chairperson may
deem fit;
(c) every Bench shall ordinarily consist of at least
one Judicial Member;
(d) where a Bench consists of the Chairperson, such
Bench shall be presided over by the Chairperson;
(e) where a Bench consists of a Judicial Member,
and a non-Judicial Member, not being the
Chairperson, such bench shall be presided over by
the Judicial Member;
(f) the Benches of the Lokpal shall ordinarily sit at
New Delhi and at such other places as the Lokpal
may, by regulations, specify.
(2) The Lokpal shall notify the areas in relation to
which each Bench of the Lokpal may exercise
jurisdiction.
(3) Notwithstanding anything contained in sub-
section (2), the Chairperson shall have the power to
constitute or reconstitute Benches from time to
time.
(4) If at any stage of the hearing of any case or
matter it appears to the Chairperson or a Member
that the case or matter is of such nature that it
10. (1) 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.
1. Govt Lokpal specifies that:
• Benches may exercise the jurisdiction of
the Lokpal.
• Two-person benches may be formed,
consisting of at least one judicial member,
and the bench shall be presided by the
judicial member.
• The benches shall ordinarily sit at New
Delhi, but some benches may sit at other
places also.
• The jurisdiction may be divided between
different benches.
• Chairman may reconstitute benches.
• Cases may be transferred to another
bench of three or more members.
2. Jan Lokpal says is very sketchy about how it will
constitute benches, and how it will actually handle
the workload put before it.
39
ought to be heard by a Bench consisting of three or
more Members, the case or matter may be
transferred by the Chairperson or, as the case may
be, referred to him for transfer, to such Bench as
the Chairperson may deem fit.
41 DISTRIBUTION OF BUSINESS
20. Where Benches are constituted, the Chairperson
may, from time to time, by notification, make
provisions as to the distribution of the business of
the Lokpal amongst the Benches and also provide
for the matters which may be dealt with by each
Bench.
No Equivalent Provisions
Govt. Lokpal specifies that distribution of business
among benches can periodically change at the
discretion of the Chairperson.
42 POWER OF CHAIRPERSON TO TRANSFER CASES
21. On an application for transfer made by the
complainant or the public servant, the
Chairperson, after giving an opportunity of being
heard to the complainant or the public servant, as
the case may be, may transfer any case pending
before one Bench for disposal to any other Bench.
No Equivalent Provisions
Govt Lokpal specifies that if complainant or public
servant requests for transfer of the case to another
bench, it may be transferred to another bench.
43 DECISION TO BE BY MAJORITY
22. If the Members of a Bench consisting of two
Members differ in opinion on any point, they shall
state the point or points on which they differ, and
make a reference to the Chairperson who shall
either hear the point or points himself or refer the
case for hearing on such point or points by one or
more of the other Members of the Lokpal and such
No Equivalent Provisions
If the members of a two-member bench differ on a
point or points, then the Chairperson or other
members of Lokpal can be brought in to decide
those points based on a majority opinion.
40
point or points shall be decided according to the
opinion of the majority of the Members of the
Lokpal who have heard the case, including those
who first heard it.
Chapter 7 Procedure in respect of Inquiry and
Investigation
44 PROCEDURE IN RESPECT OF INQUIRY &
INVESTIGATION
23. (1) The Lokpal, on receipt of a complaint, may
either make a preliminary inquiry or direct its
Investigation Wing, to make a preliminary
investigation to ascertain whether there
exists a prima facie case for proceeding in the
matter.
(2) Every preliminary inquiry or preliminary
investigation referred to in sub-section (1) shall
ordinarily be completed within a period of thirty
days and for reasons to be recorded in writing,
within a further period of three months from the
date of receipt of the complaint.
(3) Upon completion of the preliminary
investigation, the investigating authority shall
submit its report to the Lokpal.
(4) Before the Lokpal comes to the conclusion in the
course of a preliminary inquiry and after submission
of a report referred to in sub-section (3) that a
20. (1) Every investigating officer shall endeavour to
complete the investigation of an offence within a
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.
22. (1) 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) 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.
(4) The recommendations so approved shall be binding
on the appointing authority.
1. Govt Lokpal Bill says that:
• Upon receiving a complaint, it may either
itself make a preliminary enquiry, or direct
its Investigation Wing to do so. The
purpose is to ensure that the complaint is
worth entertaining – that it is not
baseless.
• Preliminary investigation is ordinarily to
be completed with 30 days. It can take a
maximum of three months, but reasons
for the delay must be recorded.
• Then the public servant should be given
an opportunity to be heard.
• Then the Lokpal will come to the
conclusion whether there exists sufficient
reason to make out a case against the
public servant.
• If the report of the preliminary
investigation reveals that the complaint is
baseless, then the complaint will be
closed, and the decision will be
communicated to complainant and public
servant.
41
prima facie case is made out against the public
servant pursuant to such a preliminary inquiry, the
Lokpal shall afford the public servant an opportunity
of being heard.
(5) Where the Lokpal, after receiving the report of
the investigating authority pursuant to a preliminary
investigation or conclusion of the preliminary
inquiries as referred to in subsection (1) is satisfied
that no prima facie case is made out for proceeding
further in the matter, the complaint shall be closed
and the decision thereon be communicated to the
complainant and the public servant.
(6) Where the Lokpal is of the opinion that prima
facie case is made out and refers the matter for
investigation, upon completion of such investigation
and before filing the chargesheet, the public servant
against whom such investigation is being conducted
shall be given an opportunity of being heard.
(7) Every inquiry conducted by the Lokpal, upon
being satisfied that a prima facie case is made out,
shall be open to the public provided that in
exceptional circumstances and for reasons to be
recorded in writing by the Lokpal, such inquiry may
be conducted in camera.
(8) In case the Lokpal proceeds to inquire into the
complaint under sub-section (7) it shall hold such
inquiry as expeditiously as possible and complete
the inquiry within a period of six months from the
date of receipt of the complaint which, for reasons
to be recorded in writing, may be extended by a
(6) The hearings in any proceedings before the Lokpal
shall be held in public except in exceptional
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.
• If preliminary investigation reveals that
there is enough substance in the
complaint to merit a full-scale
investigation, then investigation will be
taken up. After a thorough investigation is
complete, and before a chargesheet is
filed against the public servant, he will
again be given an opportunity to be heard.
• Wherever Lokpal is satisfied that the
complaint is not baseless, this enquiry will
be carried out in a way that is open to the
public. If this is not done in exceptional
cases, the reasons will be recorded in
writing.
• After preliminary enquiry, the full-scale
enquiry into complaint will be completed
within six months. If necessary, this period
can again be extended by six months, for
which reasons must be recorded in
writing.
• If the Chairperson sees fit, the Lokpal can
directly refer the matter for full-scale
Investigation without any preliminary
enquiry. However, at the end of this
investigation, the public servant will be
given an opportunity to be heard.
• If a complaint is admitted, the Lokpal may,
at any stage, pass appropriate orders for
safekeeping of the records and
documents, and also give a copy to the
public servant so that he can prepare his
own defense.
• The Lokpal website shall keep the public
42
further period of six months.
(9) The public servant against whom an inquiry is
being conducted under sub-section (8) shall be given
an opportunity of being heard.
(10) Where in a case the Lokpal is of the opinion and
for reason to be recorded in writing that it is not in
the interest of justice to either hold a preliminary
inquiry or preliminary investigation, it may refer the
matter for investigation.
(11) Upon completion of such investigation but
before filing a charge sheet, the investigating
authority shall place the records in its possession
along with its prima facie conclusion before the
Lokpal who shall before directing that a charge
sheet be filed afford the public servant concerned
an opportunity of being heard.
(12) If the Lokpal proposes to inquire into a
complaint, it may, at any stage,—
(a) pass appropriate orders for safe custody of the
documents relevant to the inquiry as it deems fit;
and
(b) forward a copy of the complaint to the public
servant concerned along with all relevant material
relied upon and afford him an opportunity to
represent his case.
(13) The website of the Lokpal shall, from time to
time and in such manner as may be specified by
regulations, display to the public, the status of
informed about the disposal status of
various complaints.
• The Lokpal may withhold records and
evidence from the public if it feels that the
progress of the case may be impeded by
publishing it.
• Other than this, the procedure for carrying
out enquiry or investigations will be as per
the regulations.
2. Jan Lokpal Bill specifies that:
� Every investigating officer will complete
investigations within six months. He may
get extensions for this, but 18 months is
the maximum period.
� Special Courts trying cases under
Prevention of Corruption Act will
complete the trial within 12 months.
� Towards speedy trials, Lokpal will assess
the backlogs before such courts, and make
recommendations to the government to
appoint more special courts. Such
recommendations will be binding on the
government.
� Chief Justices of High Courts will
constitute sufficient numbers of special
benches at the high court to hear the
appeals of these cases without causing
pendencies. Such judges and benches will
hear only these cases, and not other
cases.
� After completing investigations against
any public servant, the Lokpal may initiate
43
number of complaints pending before it or disposed
of by it.
(14) The Lokpal may withhold the records and
evidence which are likely to impede the process of
inquiry or conduct of a case by it or by the Special
Court.
(15) Save as otherwise provided, the manner and
procedure of conducting an inquiry or investigation
under this Act, shall be such as may be specified by
regulations.
either prosecution, or proceedings for
imposition of penalty (e.g. demotion), or
both.
� A bench of judicial officers will conduct
proceedings for departmental penalty.
The order of this bench will be subject to
review by a “higher authority”. The
nature of this “higher authority” has not
been specified by Jan Lokpal Bill.
� The hearings will generally be held in open
court, except in exceptional
circumstances.
� Public hearings shall be video recorded,
and shall be made available to the public.
45 INSPECTION OF DOCUMENTS & FURNISHING OF
COPIES
24. In cases where, an investigation or inquiry into a
complaint is proposed to be initiated by the Lokpal,
every person against whom such inquiry or
investigation is proposed to be conducted, shall be
entitled to inspect any record in connection with the
commission of any alleged offence and take an
extract therefrom, as is considered necessary to
defend his case.
No Equivalent Provisions
1. Govt Lokpal Bill explicitly and repeatedly
specifies that every person under investigation
shall be entitled to inspect any record being used in
prosecuting him, and take extracts as necessary for
defending his case.
2. Jan Lokpal Bill makes no mention of this right.
46 PERSONS LIKELY TO BE PREJUDICIALLY AFFECTED
TO BE HEARD
25. If, at any stage of the proceeding, the Lokpal—
(a) considers it necessary to inquire into the conduct
of any person other than the prospective accused;
No Equivalent Provisions
1. Govt Lokpal Bill states that if it considers it
necessary to enquire into the conduct of any
person other than the one being tried, it will give
him an opportunity to be heard so that he can
protect his own reputation.
44
or
(b) is of opinion that the reputation of any person
other than an accused is likely to be prejudicially
affected by the inquiry,
the Lokpal shall give to that person a reasonable
opportunity of being heard in the inquiry and to
produce evidence in his defence, consistent with the
principles of natural justice:
Provided that nothing in this section shall apply
where the credibility of a witness is being
questioned.
2. Jan Lokpal Bill is silent on this right. The element
of Natural Justice is weak in Jan Lokpal Bill.
LOKPAL MAY REQUIRE ANY PUBLIC SERVANT OR
ANY OTHER PERSON TO FURNISH INFORMATION,
ETC.
26. Subject to the provisions of this Act, for the
purpose of any inquiry or investigation, the Lokpal
or the investigating authority, as the case may be,
may require any public servant or any other person
who, in its opinion, is able to furnish information or
produce documents relevant to such inquiry or
investigation, to furnish any such information or
produce any such document.
No Equivalent Provisions
This provision of Govt Lokpal Bill is fully fleshed out
in its Section 31.
47 PREVIOUS SANCTION NOT NECESSARY FOR
INVETSIGATION AND INITIATING PROSECUTION
27. (1) No sanction or approval shall be required by
the Lokpal or its Investigation Wing under section
197 of the Code of Criminal Procedure, 1973 or
section 19 of the Prevention of Corruption Act, 1988
for the purpose of making inquiry by the Lokpal or
29. (1) Section 19(1) and 19(2) of the Prevention of
Corruption Act shall be deleted.
(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.
1. This is a very important provision of Govt Lokpal
Bill. It removes the difficulties faced by civil society
for prosecuting public servants. Section 197 of
CrPC and Section 19 of PCA 1988 require prior
sanction from the higher-ups of the official before
prosecuting them. But it does not apply to the
Lokpal and its Investigation Wing.
45
investigation by its Investigation Wing into any
complaint against any public servant or for filing of
any complaint in respect thereof before the Special
Court under this Act.
(2) A Special Court may, notwithstanding anything
contained in section 197 of the Code of Criminal
Procedure, 1973 or section 19 of the Prevention of
Corruption Act, 1988, on a complaint filed by the
Lokpal or any officer authorised by it in this behalf,
take cognizance of offence committed by any public
servant.
(3) Nothing contained in sub-sections (1) and (2)
shall apply in respect of the persons holding the
office in pursuance of the provisions of the
Constitution and in respect of which a procedure for
removal of such person has been specified therein.
(4) The provisions contained in sub-sections (1), (2)
and (3) shall be without prejudice to the generality
of the provisions contained in article 311 and sub-
clause (c) of clause (3) of Article 320 of the
Constitution.
2. Jan Lokpal Bill goes even further. It states that:
� Sub-sections 19(1) and 19(2) of Prevention
of Corruption Act shall be deleted.
� Section 6A of Delhi Special Police
Establishment Act and also Section 197 of
CrPC, which have similar implications,
shall not be applicable to any proceedings
of Lokpal.
48 ACTION AGAINST PUBLIC SERVANTS NOT BEING
MINISTERS OR MPS
28. (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 (c) or clause (d) of sub-section (1) of
section 17, the Lokpal may—
(a) file a case in the Special Court and send a copy of
the report together with its findings to the
22. (1) 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) 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.
1. Govt Lokpal says that after conclusion of inquiry
or investigation, the findings of the Lokpal can be
used for:
• Filing a case in a Special Court, OR
• For recommending disciplinary
proceedings by the competent authority,
who is supposed to commence
proceedings within 30 days.
2. Jan Lokpal Bill differs in the second option.
Instead of recommending disciplinary action by the
46
competent authority;
(b) recommend to the competent authority the
initiation of disciplinary proceedings under the rules
of disciplinary proceedings applicable to such public
servant;
(c) provide a copy of the report to the public servant
or his representative.
(2) The competent authority shall, within a period of
thirty days of the receipt of recommendation under
clause (b) of sub-section (1), initiate disciplinary
proceedings against the delinquent public servant
accused of committing offence under the
Prevention of Corruption Act, 1988 and forward its
comments on the report, including the action taken
or proposed to be taken thereon, to the Lokpal
ordinarily within six months of initiation of such
disciplinary proceedings.
The decision of the
bench will be subject to approval by a higher authority
prescribed by the Lokpal by through regulations.
competent authority, it will initiate penalty
proceedings before a bench of judicial officers of
Lokpal.
49 ACTION AGAINST PUBLIC SERVANTS WHO ARE
MINISTERS AND MPS
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.
(2) The Prime Minister, in the case of the Minister,
the Speaker in the case of a Member of the House
No Equivalent Provisions
1. Govt Lokpal Bill says that a report of Lokpal’s
investigation findings will be sent to competent
authority as follows:
• If report is against a Minister it will be sent
to the Prime Minister in his capacity as the
competent authority
• If report is against a Member of Lok
Sabha, it will be sent to the Speaker
• If report is against a Member of Rajya
Sabha, it will be sent to the Chairman of
Rajya Sabha.
They will cause the report to be laid before the Lok
Sabha or Rajya Sabha at the earliest as per the
timelines given. The competent authority will
47
of the People, and the Chairman of the Council of
States, in the case of a Member of that Council shall,
as soon as may be, after the receipt of report under
sub-section (1), cause the same to be laid before the
House of the People or the Council of States, as the
case may be, while it is in session, and if the House
of the People or the Council of States, as the case
may be, is not in session, within a period of one
week from the reassembly of the said House or the
Council, as the case may be.
(3) The competent authority shall examine the
report forwarded to it under sub-section (1) and
communicate to the Lokpal, within a period of
ninety days from the date of receipt of the report,
the action taken or proposed to be taken on the
basis of the report.
Explanation.— In computing the period of ninety
days referred to in this sub-section, any period
during which Parliament or, as the case may be,
either House of Parliament, is not in session, shall be
excluded.
examine the report and communicate to the Lokpal
within 90 days the action taken or proposed.
2. Jan Lokpal Bill does not have an equivalent
provision.
50
No Equivalent Provisions
APPEALS AGAINST THE ORDERS OF LOKPAL
12. 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, a High Court 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 further stay in that case could be granted.
Jan Lokpal Bill seeks to close a major loophole in
the law, which is currently enabling wrongdoers to
nullify even good orders of various tribunals,
commissions etc. by simply bringing a stay order.
To counter this, Jan Lokpal Bill specifies that while
it is possible to appeal against the orders of the
Lokpal bench, High Courts must not Stay the
order. In case they do, then the stay will be
automatically assumed to be vacated at the end
of two months.
48
QUESTION: Can such a major legislation --
effectively limiting the power of higher judiciary --
be framed so easily without referring it to Supreme
Court for considerations?
Chapter 8 Powers Of Lokpal
51 SEARCH AND SEIZURE
30. (1) If the Lokpal has reason to believe that any
document which, in its opinion, shall be useful for,
or relevant to, any investigation or inquiry under
this Act, are secreted in any place, it may authorise
any officer of the Investigation Wing, to search for
and to seize such documents.
(2) If the Lokpal is satisfied that any document
seized under sub-section (1) would be evidence for
the purpose of any investigation or inquiry under
this Act and that it would be necessary to retain the
document in its custody or in the custody of such
officer as may be authorised, it may so retain or
direct such officer authorised to retain such
document till the completion of such investigation
or inquiry:
Provided that where any document is required to be
returned, the Lokpal or the authorised officer may
return the same after retaining copies of such
document duly authenticated.
(3) The provisions of the Code of Criminal
Procedure, 1973 relating to searches shall,
Issue of search warrants:
9. (1) Where, in consequence of information in his
possession, the Lokpal
(a) has reason to believe that any person –
(i) to whom a summon or notice under this Act, has,
been or might be issued, will not or would not produce
or cause to be produced any property, document or
thing which will be necessary or useful for or relevant
to any inquiry or other proceedings to be conducted by
him;
It may by a search warrant authorize any officer not
below the rank of an Inspector of Police to conduct a
search or carry out an inspection in accordance
therewith and in particular to, enter and search any
building or place where he has reason to suspect that
such property, or document, is kept;
(2) The provisions of the Code of Criminal Procedure,
1973, relating to search and seizure shall apply, so far
as may be, to searches and seizures under sub-section
(1).
(3) A warrant issued under sub-section (1) shall for all
purposes, be deemed to be a warrant issued by a court
1. Govt Lokpal Bil gives Lokpal powers to authorize
search and seizure of documents, and to retain it in
safe custody. If the documents are to be returned,
it will do so after retaining duly authenticated
copies.
2. Jan Lokpal Bill also gives Lokpal powers of Civil
Court, Criminal Court and also Police. It specifies:
� Lokpal has powers to issue search warrant
if it feels that the relevant documents will
not be produced otherwise.
� Members and officers of Lokpal have
powers of a search and seizure as per
Criminal Procedure Code.
49
so far as may be, apply to searches under this
section subject to the modification that subsection
(5) of section 165 of the said Code shall have effect
as if for the word “Magistrate”, wherever it occurs
therein, the words “Lokpal or any officer authorised
by it” were substituted.
under section 93 of the Code of Criminal Procedure,
1973.
52 LOKPAL TO HAVE POWERS OF CIVIL COURT
31. (1) Subject to the provisions of this section, for
the purpose of any inquiry, the Lokpal shall have all
the powers of a civil court, under the Code of Civil
Procedure, 1908, while trying a suit in respect of the
following matters, namely:—
(i) summoning and enforcing the attendance of any
person and examining him on oath;
(ii) requiring the discovery and production of any
document;
(iii) receiving evidence on affidavits;
(iv) requisitioning any public record or copy thereof
from any court or office;
(v) issuing commissions for the examination of
witnesses or documents:
Provided that such commission, in case of a witness,
shall be issued only where the witness, in the
opinion of the Lokpal, is not in a position to attend
the proceeding before the Lokpal; and
(vi) such other matters as may be prescribed.
(2) Any proceeding before the Lokpal shall be
deemed to be a judicial proceeding within the
meaning of section 193 of the Indian Penal Code.
7. (1) 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.
(2) The members of Lokpal or any officer under the
Lokpal while exercising any powers under the Act shall
have the powers of a civil court trying a suit under the
Code of Civil Procedure, 1908, and in particular, in
respect of the following matters :
(a) summoning and enforcing the attendance of any
person from any part of India and examining him on
oath;
(b) requiring the discovery and production of any
document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof
from any court or office;
(e) issuing commissions for the examination of
witnesses or other documents; and
1. Govt Lokpal Bill specifies that Lokpal shall have
powers of a civil court under Code of Civil
Procedure 1908, such as:
• Power to summon the attendance of any
person and examine him under oath
• Requisition public records
• Receive evidence on affidavit
2. Jan Lokpal Bill seeks to give Lokpal, in addition to
the above, further powers under the Code of
Criminal Procedure Code. It specifies:
� Lokpal has powers of the Civil Court, to
summon and enforce the attendance of a
person from any part of India and
examining him under oath, require him to
produce any document, give evidence
under affidavit etc.
� Investigating officer and higher ups can
requisition any public record or copy
thereof from any court or office
� The officers under Lokpal also have all the
powers of a police officer, as well as
powers of director of enforcement under
FEMA 1999 and Money Laundering Act
2002.
� If during an investigation, the Lokpal feels
50
(f) any other matter which may be prescribed
(3) All members of the Lokpal and all officers of the
Lokpal superior in rank to an Investigating Officer may
exercise the same powers as may be exercised by such
Investigating Officer.
(4) 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.
(6) The Lokpal may, at any stage of investigation under
this Act, direct by an interim order, appropriate
authorities to take such action as is necessary, to
prevent the public servant from secreting the assets
allegedly acquired by him by corrupt means;
(7) 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.
(8) If during any investigation under this act, the Lokpal
is satisfied that any preventive action 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 the recommendation of the
Lokpal or reject the same within 15 days of the
recommendation thereof. In the event of rejection of
that a government servant is in a position
to destroy or tamper with evidence, he
can issue directions for his transfer.
� At any stage of investigation, the Lokpal
may issue interim orders to appropriate
authorities to prevent the public servant
from secreting the assets that he has
acquired through corrupt means.
� While investigating any offence under
Prevention of Corruption Act 1988, he
may also investigate any offence under
any other law in the same case.
� Lokpal may issue directions to a public
authority for action to prevent the
ongoing incidence of corruption. Such
directions may involve staying the
implementation or enforcement of any
decision, or it may involve other actions. If
the public authority does not comply
within 15 days, the Lokpal may approach
the appropriate High Court for seeking
appropriate directions to the Public
Authority.
� Lokpal may award imprisonment to any
public servant for failing to comply with its
orders.
51
its recommendation, the Lokpal may approach the
appropriate High Court for seeking appropriate
directions to be given to the public authority.
53
No Equivalent Provisions
No Equivalent Provisions
POWER TO TAP PHONES, HACK INTO EMAIL &
MONITOR ELECTRONIC DATA TRANSMISSION
8. For the purposes of investigation of offences related
to acts of corruption, the appropriate Bench of 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.
Jan Lokpal Bill seeks to give Lokpal the authority to
intercept messages or tap messages made by
phone, internet or any other medium. It evidently
gets this power by citing the provisions of Indian
Telegraph Act 1885, and its rules and regulations,
read with Information and Technology Act 2000.
QUESTION: Given the sweeping powers of the
Lokpal from the Prime Minister to the lowest
municipal sweeper, and cutting across many lines
of jurisdiction – government, judiciary, legislatures
etc. – is this safe? Given that the proposed Lokpal’s
answerability to even President, Parliament, Prime
Minister and Supreme Court is doubtful, isn’t this
power too much for one authority to wield?
54 POWER OF LOKPAL TO UTILISE SERVICES OF OTHER
OFFICERS
32. (1) The Lokpal may, for the purpose of
conducting any inquiry, utilise the services of any
officer or investigation agency of the Central
Government or any State Government, as the case
may be.
(2) For the purpose of investigating into any matter
pertaining to the inquiry, any officer or agency
whose services are utilised under sub-section (2)
may, subject to the direction and control of the
Lokpal,—
No Equivalent Provisions
1. Govt Lokpal Bill enables Lokpal to use the
services of any officer or investigation agency of
the Central or State Govt. for investigating,
summoning the attendance of a person for
examining, requiring a document to be produced
etc.
2. Jan Lokpal Bill does not have such a provision.
52
(a) summon and enforce the attendance of any
person and examine him;
(b) require the discovery and production of any
document; and
(c) requisition any public record or copy thereof
from any office.
(3) The officer or agency whose services are utilised
under sub-section (2) shall investigate into any
matter pertaining to the inquiry and submit a report
thereon to the Lokpal within such period as may be
specified by the Lokpal in this behalf.
55 PROVISIONAL ATTACHMENT OF ASSETS
33. (1) Where the Lokpal or any investigation officer
authorised by it in this behalf, has reason to believe,
the reason for such belief to be recorded in writing,
on the basis of material in its or his possession,
that—
(a) any person is in possession of any proceeds of
corruption;
(b) such person is accused of having committed an
offence relating to corruption; and
(c) such proceeds of offence are likely to be
concealed, transferred or dealt with in any manner
which may result in frustrating any proceedings
relating to confiscation of such proceeds of offence,
the Lokpal or such investigation officer may, by
order in writing, provisionally attach such
property for a period not exceeding ninety days
from the date of the order, in the manner provided
in the Second Schedule to the Income-tax Act, 1961
(4) During the course of investigation if the
Investigating Officer finds any property or asset which
appears to have been acquired by the corrupt acts of
an accused person who is being investigated, it shall
make an order of attachment of those assets so that
they are available for confiscation at the time of the
conviction of such accused persons. In case the
accused person is ultimately acquitted, these attached
assets and properties will be restored to him.
n) to attach property and assets acquired by corrupt
means and to confiscate them in certain cases as
provided under this Act.
1. Govt Lokpal Bill provides for attaching proceeds
of corruption. If Lokpal has reason to believe that a
person possessing the proceeds of corruption may
conceal or transfer them, frustrating any
proceedings leading to confiscation, then it may
provisionally attach such property for a period not
exceeding 90 days, as per the second schedule of
Income Tax Act 1961. This attachment order will be
sent to the Special Court in a sealed envelope. The
Special Court may extend the period of attachment
as it sees fit. Those interested in the immovable
property that has been attached can continue to
enjoy the property.
2. Jan Lokpal Bill too has provisions concerning
attachment to enable confiscation if the accused is
found to be guilty. However, the provisions are less
detailed and with less emphasis on due process of
law.
53
and the Lokpal or such investigation officer, as the
case may be, shall be deemed to be an officer under
sub-rule (e) of rule 1 of that Schedule.
(2) The Lokpal shall, immediately after attachment
under sub-section (1), forward a copy of the order,
along with the material in his possession, referred to
in that sub-section, to the Special Court, in a sealed
envelope, in the manner as may be prescribed and
such Court may extend the order of attachment and
keep such material for such period as the Court may
deem fit.
(3) Every order of attachment made under sub-
section (1) shall cease to have effect after the expiry
of the period specified in that sub-section or after
the expiry of the period as directed by the Special
Court under sub-section (2).
(4) Nothing in this section shall prevent the person
interested in the enjoyment of the immovable
property attached under sub-section (1) or sub-
section (2), from such enjoyment.
Explanation.— For the purposes of this sub-section,
“person interested”, in relation to any immovable
property, includes all persons claiming or entitled to
claim any interest in the property.
56 CONFIRMATION OF ATTACHMENT OF ASSETS
34. (1) The Lokpal, when it provisionally attaches
any property under sub-section (1) of section 33
shall, within a period of thirty days of such
(4) During the course of investigation if the
Investigating Officer finds any property or asset which
appears to have been acquired by the corrupt acts of
an accused person who is being investigated, it shall
make an order of attachment of those assets so that
1. Govt Lokpal Bill says that when Lokpal
provisionally attaches any property, it shall direct
its prosecution wing to make a prayer before the
special court within a month for confirmation of
the attachment till completion of proceedings in
54
attachment, direct its prosecution wing to file an
application stating the facts of such attachment
before the Special Court and make a prayer for
confirmation of attachment of the property till
completion of the proceedings against the public
servant in the Special Court.
(2) The Special Court may, if it is of the opinion that
the property provisionally attached had been
acquired through corrupt means, make an order for
confirmation of attachment of such property till the
completion of the proceedings against the public
servant in the Special Court.
(3) If the public servant is subsequently acquitted of
the charges framed against him, the property,
subject to the orders of the Special Court, shall be
restored to the concerned public servant along with
benefits from such property as might have accrued
during the period of attachment.
(4) If the public servant is subsequently convicted of
the charges of corruption, the proceeds relatable to
the offence under the Prevention of Corruption Act,
1988 shall be confiscated and vest in the Central
Government free from any encumbrance or
leasehold interest excluding any debt due to any
bank or financial institution.
Explanation.— For the purposes of this sub-section,
the expression, “bank”, “debt” and “financial
institution” shall have the meanings respectively
assigned to them in clauses (d), (g) and (h) of section
they are available for confiscation at the time of the
conviction of such accused persons. In case the
accused person is ultimately acquitted, these attached
assets and properties will be restored to him.
n) to attach property and assets acquired by corrupt
means and to confiscate them in certain cases as
provided under this Act.
that court. The special court, if convinced that the
property was acquired through corrupt means,
shall make an order for confirmation of
attachment. Please note the independence of the
judiciary inherent in this provision. It also
recognizes the existence of other potential
stakeholders in that property, such as banks and
financial institutions.
2. Jan Lokpal Bill provisions in this respect is not
detailed. It does not describe a due process
involving sanction of the court. It assumes that
Lokpal’s power to attach property of undertrials
will not be challenged in court on Constitutional
grounds, by the owner or by an interested party,
such a bank or financial institution. This is a legal
loophole.
55
2 of the Recovery of Debts Due to Banks and
Financial Institutions Act, 1993.
57 POWER OF LOKPAL TO RECOMMEND TRANSFER OR
SUSPENSION
35. (1) Where the Lokpal, while making an inquiry
into allegations of corruption, is prima facie
satisfied, on the basis of evidence available, that—
(a) the continuance of the public servant referred to
in clause (c) or clause (d) of sub-section (1) of
section 17 in his post while conducting the inquiry is
likely to affect such inquiry adversely; or
(b) the public servant referred to in clause (a) is
likely to destroy or in any way tamper with the
evidence or influence witnesses, then, the Lokpal
may recommend to the Central Government for
transfer or suspension of such public servant from
the post held by him till such period as may be
specified in the order.
(2) The Central Government shall ordinarily accept
the recommendation of the Lokpal made under sub-
section (1), except for the reasons to be recorded in
writing in a case where it is not feasible for
administrative reasons.
(5) If during the course of investigation into a
complaint, the Lokpal feels that continuance of a
government servant in that position could adversely
affect the course of investigations or that the said
government servant is likely to destroy or tamper with
the evidence or influence the witnesses or is likely to
continue with corruption, the Lokpal may issue
appropriate directions including transfer of that
government servant from that position.
1. Govt Lokpal Bill specifies that when Lokpal has
reason to believe that the public servant’s
continuation in a certain post is likely to adversely
affect its inquiry, or that the he is likely to destroy
or tamper with evidence, influence witnesses etc.,
then it may recommend to the government for his
suspension or transfer for a certain period. Govt
will accept the order, unless there are exceptional
reasons, which are to be recorded in writing.
2. Jan Lokpal also has such provisions, but they are
not very elaborate.
58 POWER OF LOKPAL TO GIVE DIRECTIONS
36. The Lokpal may, in discharge of its functions
under this Act, issue appropriate directions to a
public servant entrusted with the preparation or
custody of any document or record—
(4) 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.
(6) The Lokpal may, at any stage of investigation under
1. Govt Lokpal Bill specifies that it may give
directions to public servants (other than the
accused) to protect certain documents and
records, and to prevent the accused from
alienating (transferring) assets acquired by him
through corrupt means.
56
(a) to protect such document or record from
destruction or damage; or
(b) to prevent the public servant from altering or
secreting such document or record; or
(c) to prevent the public servant from transferring or
alienating any assets allegedly acquired by him
through corrupt means.
this Act, direct by an interim order, appropriate
authorities to take such action as is necessary, to
prevent the public servant from secreting the assets
allegedly acquired by him by corrupt means;
(8) If during any investigation under this act, the Lokpal
is satisfied that any preventive action 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 the recommendation 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.
2. Jan Lokpal Bill specifies not only wider powers to
give such directions, but also the powers to punish
with imprisonment or fine a public servant who
does not comply with such directions.
59 POWER TO DELEGATE
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 or employees as may be
specified in the order.
No Equivalent Provisions
60
MERGER OF ANTI-CORRUPTION BRANCH OF CBI INTO
LOKPAL
32. (1) The part of the Delhi Special Police
Vide Sec 32, Jan Lokpal Bill proposes to take over
Central Bureau of Investigation (CBI), which derives
its power to investigate from the Delhi Special
Force Establishment Act. CBI will cease to be under
57
No Equivalent Provisions
Establishment, dealing with investigation and
prosecution of offences under the Prevention of
Corruption Act, 1988, shall stand transferred, along
with its employees, assets and liabilities to the Lokpal.
The Central Government shall cease to have any
control over the transferred part and its personnel.
(2) Such part of Delhi Special Police Establishment,
which has been transferred above, shall form part of
the 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 that part of
Delhi Special Police Establishment, which has been
transferred, shall stand transferred to Lokpal.
the control of Central Government, and become
part of Lokpal’s Investigative Wing. The whole of
CBI, its employees, assets and liabilities would
stand transferred to Jan Lokpal.
61
No Equivalent Provisions
IMMUNITY TO BRIBE GIVER IN CERTAIN CASES
33. 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 with entire 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.
Section 33 of Jan Lokpal Bill enables the giver of
bribes to turn into an approver, informant or
prosecution witness. This clause requires him to
not only come clean, but also relinquish the
illegitimate benefits that he received by giving the
bribe.
58
62
No Equivalent Provisions
No Equivalent Provisions
(OTHER) POWERS AND FUNCTIONS OF THE LOKPAL
AND ITS OFFICERS
6. The Lokpal shall have the following functions and
powers
a) to exercise superintendence over the investigation
of offences involving any act of corruption.
b) to give directions to the investigating officers for the
purpose of proper investigation of such offences.
c) after completion of investigation in any case
involving an allegation of an act of corruption, to
impose punishment of dismissal, removal or reduction
in rank against government servants after giving them
reasonable opportunities of being heard.
d) to ensure that the public grievances covered by this
Act are redressed in a time bound manner
h) to authorize a Bench of the Lokpal to issue letters-
rogatory in relation to any case pending investigation
under this Act.
i) to receive complaints from whistle blowers.
j) to receive complaints against any officer or staff of
Lokpal.
k) to recruit investigating officers and other officers
and staff and get them trained in modern methods of
scientific investigation.
(l) to appoint judicial officers, prosecutors and senior
counsels.
(m) to acquire modern equipment necessary for proper
investigation.
(o) 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
Section 6 of Jan Lokpal Bill is a mixed-bag of
unrestricted powers such as to:
� Intervene in the working of other public
authorities, supervise their working, issue
directions and ensure compliance
� Get contracts and leases cancelled, get
contractors blacklisted, etc. etc.
� Investigate into the asset declarations of
all legislators
� Investigate and inquire into almost any
action of government and administration
� Offer monetary rewards to whistleblowers
� Recruit and train staff in “modern
methods of scientific investigation”
(including techniques and gadgets used by
intelligence agencies perhaps?)
� Acquire modern equipment necessary for
proper investigation (such as secret
cameras, bugs, wire-taps, recording
devices?)
� Appoint judicial officers, prosecutors and
senior counsels
� Impose penalties of govt officials
disobeying Lokpal orders
� Impose punishments on its own staff and
officers to maintain discipline
Anytime the Jan Lokpal feels that he lacks the
power to do something, he has to reach into this
bag and improvise.
QUESTION: Can this possibly be legal?
59
No Equivalent Provisions
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.
p) to ensure due compliance of its orders by imposing
penalties on persons failing to comply with its orders as
provided under this Act.
q) to initiate suo moto appropriate action under the
Act on receipt of any information from any source
about any corruption.
r) to make recommendations to public authorities, in
consultation with 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.
s) to prepare a sentencing policy for the offences under
Prevention of Corruption Act and revising it from time
to time.
t) to ensure that the time limits mentioned in this Act
are strictly adhered to.
u) to ensure the integrity of its functionaries and
impose punishments of dismissal, removal and
reduction in rank against.
v) to require any public authority to render any specific
help required by the Lokpal.
w) to prepare an appropriate reward scheme to
encourage complaints from within and outside the
government to report acts and evidence of corruption.
60
Provided that the total value of such reward shall not
exceed 10% of the value of the loss recovered or loss
prevented.
(x) to inquire into the assets declaration statements
filed by all successful candidates after any election to
any seat in any House of the Parliament.
(y) Such other functions as may be necessary for the
proper implementation of this Act.
63
No Equivalent Provisions
PROTECTION AGAINST TECHNICAL DEFICIENCIES
10 (2). No act or proceeding of the Lokpal shall be
invalid merely by reason of :
(a) any vacancy in, or any defect in the constitution of
Lokpal ;
(b) any defect in the appointment of a person acting as
a member of Lokpal ; or
(c) any irregularity not affecting the merits of the case
Jan Lokpal Bill’s Section 10(2) gives it protection
against technical errors. Its verdicts are supposed
to be legally valid even if there are defects in the
appointment of the person making the decisions,
or even the process or procedure by which the
decision is arrived at.
QUESTION: Can this be legal?
Chapter 9 Special Courts
64 SPECIAL COURTS TO BE NOTIFIED BY CENTRAL
GOVERNMENT
38. (1) The Central Government shall constitute such
number of Special Courts, as recommended by the
Lokpal, to hear and decide the cases arising out of
the Prevention of Corruption Act, 1988 or under this
Act.
(2) The Special Courts constituted under sub-section
(1) shall ensure completion of each trial within a
20(2). Every effort will be made by the special courts
trying an offence under the Prevention of Corruption
Act to complete the trial within a maximum period of
12 months.
(3) To achieve the objective of a speedy trial the
Lokpal shall make an annual assessment of the number
of special courts required for this purpose and shall
make a recommendation to the Government for
creating a specific number of special courts which
recommendations shall be binding on the Government.
1. Govt. Lokpal Bill specifies timeline of one year
for completion of trial, plus maximum four
extensions of 3 months each, until a total period of
two years is reached.
2. Jan Lokpal Bill also stipulates a maximum period
of 12 months, with no extensions. To save special
courts from being swamped with pendencies, it
mandates that the government will create
numerous special courts in response to Lokpal’s
assessment and recommendation.
61
period of one year from the date of filing of the case
in the Court:
Provided that in case the trial cannot be completed
within a period of one year, the Special Court shall
record reasons therefor and complete the trial
within a further period of not more than three
months or such further periods not exceeding three
months each, for reasons to be recorded in writing,
before the end of each such three months period,
but not exceeding a total period of two years.
(4) The Chief Justices of High Courts will constitute such
number of special benches in respective High 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.
(5) The judges of Special Courts and the appellate
benches set up by High Courts to hear cases under this
Act will deal only with cases under this Act.
Also, Jan Lokpal imposes special requirements on
High Courts to hear the appeals arising from Jan
Lokpal proceedings. It says that High Courts must
constitute special benches exclusively for hearing
Jan Lokpal cases. It says that appeal of such cases
should be decided expeditiously, and not later than
six months.
CHOKING POINTS:
A) If the government wishes to prevent the
proper functioning of Jan Lokpal, it will
avoid creating necessary numbers of
special courts.
B) Since judges of higher judiciary are also
under the jurisdiction of Jan Lokpal, they
may also have an interest in preventing
the proper functioning of Jan Lokpal by
deliberately failing to constitute special
benches. As it is, there is great shortage
of judges and pendencies are mounting
alarmingly; so what are the realistic
chances of such special benches actually
getting created at different High Courts?
65 LETTER OF REQUEST TO A CONTRACTING STATE IN
CERTAIN CASES
39. (1) Notwithstanding anything contained in this
Act or the Code of Criminal Procedure, 1973 if, in
the course of an inquiry or investigation into an
offence or other proceeding under this Act, an
application is made to a Special Court by the
Investigation Officer of the Lokpal that any evidence
is required in connection with the inquiry or
No Equivalent Provisions
Govt Lokpal Bill outlines a formal mechanism
whereby Investigation Officer and Special Court
can work together to overcome barriers of
jurisdiction, and gain access to documentary
evidence lying with State governments.
62
investigation into an offence or proceeding under
this Act and he is of the opinion that such evidence
may be available in any place in a contracting State,
and the Special Court, on being satisfied that such
evidence is required in connection with the inquiry
or investigation into an offence or proceeding under
this Act, may issue a letter of request to a court or
an authority in the contracting State competent to
deal with such request to—
(i) examine the facts and circumstances of the case;
(ii) take such steps as the Special Court may specify
in such letter of request; and
(iii) forward all the evidence so taken or collected to
the Special Court issuing such letter of request.
(2) The letter of request shall be transmitted in such
manner as the Central Government may prescribe in
this behalf.
(3) Every statement recorded or document or thing
received under sub-section (1) shall be deemed to
be evidence collected during the course of the
inquiry or investigation.
Chapter 10 Complaints against Chairperson and
Members of the Lokpal
66 COMPLAINTS AGAINST CHAIRPERSON OR
MEMBERS NOT TO BE INQUIRED INTO BY THE
LOKPAL
40. (1) The Lokpal shall not inquire into any
11. (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
1. Govt Lokpal Bill specifies that a complaint of bias
or corruption against the Chairperson or member
of Lokpal shall be made to the President of India. If
President feels there is merit in this complaint, he
will refer it to Chief Justice of India to inquire into
63
complaint made against the Chairperson or any
Member.
(2) Any complaint against the Chairperson or
Member shall be made by an application by the
party aggrieved, to the President.
(3) The President shall, in case there exists a prima
facie case for bias or corruption, make a reference
to the Chief Justice of India in such manner as may
be prescribed for inquiring into the complaint
against the Chairperson or Member.
(4) The President shall decide the action against the
Chairperson or Member on the basis of the opinion
of the Chief Justice of India and in case the President
is satisfied, on the basis of the said opinion that the
Chairperson or the Member is biased or has
indulged in corruption, the President shall,
notwithstanding anything contained in sub-section
(1) of section 8, remove such Chairperson or
Member and also order for initiation of prosecution
in case of allegation of corruption.
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.
(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.
the complaint. Based on the Chief Justice’s opinion,
President may take steps to remove the
Chairperson or member, and also order for
prosecution to be initiated in case of corruption.
2. Jan Lokpal does not explicitly explain the process
of removal of Lokpal Chairperson or Member but
the provisions are similar. But Jan Lokpal
discourages complaints against the Jan Lokpal. It
specifies that if the complaint is frivolous or made
with malafide intentions, Supreme Court may
impose a fine and/or imprisonment upto one year
on the complainant. This is a great deterrent
against complaints.
Also, please note that Jan Lokpal does not specify
‘corruption’ as one of the grounds for initiating
action against its Chairman and members.
67 COMPLAINTS AGAINST OFFICIAL OF THE LOKPAL
41. (1) Every complaint of allegation or wrongdoing
made against any officer or employee or
15. (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.
1. Govt Lokpal Bill states that offences by every
officer or employee of Lokpal or its investigation
agency, or associated with Lokpal, shall be tried
and punished by Lokpal itself. The offences and
64
investigation agency under or associated with the
Lokpal for offence punishable under the Prevention
of Corruption Act, 1988 shall be dealt with in
accordance with the provisions of this section.
(2) The Lokpal shall complete the inquiry into the
complaint or allegation made, within a period of
thirty days from the date of its receipt.
(3) While making an inquiry into the complaint
against any officer or employee of the Lokpal or
agency engaged or associated with the Lokpal, if the
Lokpal is prima facie satisfied on the basis of
evidence available, that—
(a) continuance of such officer or employee of the
Lokpal in his post or agency engaged or associated
while conducting the inquiry is likely to affect such
inquiry adversely; or
(b) an officer or employee of the Lokpal or agency
engaged or associated is likely to destroy or in any
way tamper with the evidence or influence
witnesses, then, the Lokpal may, by order, suspend
such officer or employee of the Lokpal or divest
such agency engaged or associated with the Lokpal
of all powers and responsibilities hereto before
exercised by it .
(4) On the completion of the inquiry, if the Lokpal is
satisfied that there is prima facie evidence of the
commission of an offence under the Prevention of
Corruption Act, 1988 or of any wrongdoing, it shall,
(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 Lok Ayukata
iii) The Chairman of the State Human Rights
Commission
(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 the receipt 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.
punishments will be as per Prevention of
Corruption Act. Complaint against its officers and
employees is to be treated on priority basis, and
enquiry is to be completed within 30 days. If Lokpal
is satisfied that there is enough prima facie
evidence of corruption, then it can order
disciplinary proceedings, suspend the employee,
divest him of his powers, or it can order his
prosecution.
2. Jan Lokpal Bill has distinctive features. It
specifies that complaints against Lokpal officers
and employees will not be heard by Lokpal, but by
a separate impartial Complaints Authority. Salient
features:
• An elaborate state-level mechanism to
hear such complaints, paid for by Lokpal
• Complaints authorities appointed by
Lokpal, will consist of 5 members . It will
be chaired by a retired High Court judge,
two retired civil servants and two
members of civil society.
• These will be nominated by Chief Justice
of High Court of the State, Chairman of
the State Lok Ayukta and Chairman of the
State Human Rights Commission.
• Complaints Authority will work in benches
as per the rules and regulations made by
Lokpal.
• The accused officer will be given an
opportunity to defend himself.
• The Complaints Authority can direct
suspension, reduction of rank, dismissal
65
within a period of fifteen days of the completion of
such inquiry, order to prosecute such officer or
employee of the Lokpal or such officer or employee
of agency engaged or associated with the Lokpal
and initiate disciplinary proceedings against the
official concerned:
Provided that no such order shall be passed without
giving such officer or employee of the Lokpal or
officer or employee of agency engaged or
associated, a reasonable opportunity of being
heard.
(8) Complaints authority shall work in benches in
accordance with regulations made under this Act.
etc. if the accused is found guilty.
• However, please note that there is no
mention of prosecution, imprisonment
etc. as per provisions of Prevention of
Corruption Act.
Chapter 11 Assessment of Loss and Recovery
Thereof by Special Court
68 ASSESSMENT OF LOSS AND RECOVERY THEREOF BY
SPECIAL COURT
42. If any public servant is convicted of an offence
under the Prevention of Corruption Act, 1988 by the
Special Court, notwithstanding and without
prejudice to any law for the time being in force, it
may make an assessment of loss, if any, caused to
the public exchequer on account of the actions or
decisions of such public servant not taken in good
faith and for which he stands convicted, and may
order recovery of such loss, if possible or
quantifiable, from such public servant so convicted:
Provided that if the Special Court, for reasons to be
recorded in writing, comes to the conclusion that
the loss caused was pursuant to a conspiracy with
Seizure and confiscation of property and recovery of
compensation from corrupt government servants
27. (1) After a public servant has been found guilty by
the Special Court of having committed an offence
under the Prevention of Corruption Act, the Court
would also determine the assets and properties which
have been acquired by such accused person by his
corrupt acts.
(2) The Special Court will pass an order for the
confiscation of all the assets and properties which it
has found to have been acquired by the corrupt acts of
the convicted public servants as well as the subsequent
accruals on these assets.
1. Govt Lokpal Bill says:
• If the Special Court convicts a public
servant of an offence under Prevention of
Corruption Act, it will assess the loss to
the public exchequer caused by his
corrupt actions if the losses are
quantifiable.
• If possible, it will order recovery of such
loss from him.
• If the court finds that he was acting in
conspiracy with the beneficiaries of his
actions, then loss will also be recovered
from the beneficiaries proportionately.
2. Jan Lokpal Bill does not mention recovery of
losses from BENEFICIARIES of the public servant’s
66
the beneficiary or beneficiaries of actions or
decisions of the public servant so convicted, then
such loss may, if assessed and quantifiable under
this section, also be recovered from such beneficiary
or beneficiaries proportionately.
(3) The Special Court would also determine whether
apart from the above the accused person by his
corrupt acts has also caused any loss to the exchequer
or any other person and determine the amount of loss
so caused. The Court shall make an order levying a fine
on the accused persons so convicted for the recovery
of the entire loss which his corrupt acts have caused
and shall also apportion this amount among the
various convicted accused persons to be recovered
from them as fines.
actions. However, it specifically mentions:
• Confiscation of the assets of the convicted
public servant, as well as the accruals on
those assets.
• The special court shall order a fine on the
convicted persons for recovery of the
entire loss.
• Special court will apportion the amount to
be recovered from various convicted
persons.
Chapter 12 Finance, Accounts and Audit
69 BUDGET
43. The Lokpal shall prepare, in such form and at
such time in each financial year as may be
prescribed, its budget for the next financial year,
showing the estimated receipts and expenditure of
the Lokpal and forward the same to the Central
Government for information.
26. (1) All expenses of the Lokpal shall be charged to
the Consolidated fund of India.
(2) The Board shall finalise the Lokpal’s budget in such
a manner that it is less than ¼ % of the total revenues
of the Government of India.
(3) Lokpal shall not need any administrative or financial
sanction from any government agency to incur
expenditure.
1. Govt Lokpal Bill says that Lokpal will prepare the
budget for the next financial year and forward it to
the Central Government. Budget will be cleared by
Central Govt.
2. Jan Lokpal Bill says that the Lokpal will finalize its
own budget and charge it directly to Consolidated
Fund of India. It shall be less than one-fourth
percent of the total revenues of the Govt of India.
It does not need administrative or financial
sanction from any government agency.
However, as no amount can be withdrawn from
the Consolidated Fund without Parliament’s
approval, Lokpal budget will be subject to scrutiny
by a Parliamentary Committee, the two Houses of
Parliament and also by Comptroller & Auditor
General.
67
70 GRANTS BY CENTRAL GOVERNMENT
44. Without prejudice to the provisions of section
16, the Central Government may, after due
appropriation made by Parliament by law in this
behalf, make to the Lokpal grants of such sums of
money as are required to be paid for the salaries
and allowances payable to the Chairperson and
Members and the administrative expenses,
including the salaries and allowances and pension
payable to or in respect of officers and other
employees of the Lokpal.
No Equivalent Provisions
71 ANNUAL STATEMENT OF ACCOUNTS
45. (1) The Lokpal shall maintain proper accounts
and other relevant records and prepare an annual
statement of accounts in such form as may be
prescribed by the Central Government in
consultation with the Comptroller and Auditor-
General of India.
(2) The accounts of the Lokpal shall be audited by
the Comptroller and Auditor- General of India at
such intervals as may be specified by him.
(3) The Comptroller and Auditor-General of India or
any person appointed by him in connection with the
audit of the accounts of the Lokpal under this Act
shall have the same rights, privileges and authority
in connection with such audit, as the Comptroller
and Auditor-General of India generally has, in
Audit of Lokpal
13. (1) The CAG shall conduct an annual financial and
performance audit of the Lokpal.
(2) A Parliamentary Committee shall do an annual
appraisal of the functioning of Lokpal. The Lokpal 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.
1. The Govt Lokpal Bill states that:
• Lokpal shall maintain proper accounts in
the form prescribed by CAG.
• Accounts of the Lokpal will be audited by
CAG at intervals specified by CAG.
• CAG will have full rights and privileges to
demand the production of books,
accounts, vouchers etc. and to inspect any
office of the Lokpal.
• Accounts, duly certified by CAG, will be
forwarded to the Central Govt, along with
CAG’s audit report.
2. Jan Lokpal Bill states that:
� CAG shall conduct annual financial and
performance audit.
� Parliamentary Committee shall do annual
appraisal.
� Lokpal will submit compliance report.
68
connection with the audit of the Government
accounts and, in particular, shall have the right to
demand the production of books, accounts,
connected vouchers and other documents and
papers and to inspect any of the offices of the
Lokpal.
(4) The accounts of the Lokpal, as certified by
Comptroller and Auditor-General of India or any
other person appointed by him in this behalf,
together with the audit report thereon, shall be
forwarded annually to the Central Government and
the Central Government shall cause the same to be
laid before each House of Parliament.
� However, Lokpal is free to not accept all
the recommendations of the
Parliamentary Committee. If it does not
accept any, it will give detailed reasons in
the compliance report, and this shall be
placed before both Houses of Parliament.
72 FURNISHING OF RETURNS ETC. TO CENTRAL
GOVERNMENT
46. (1) The Lokpal shall furnish to the Central
Government, at such time and in such form and
manner as may be prescribed or as the Central
Government may request, such returns and
statements and such particulars in regard to any
matter under the jurisdiction of the Lokpal, as the
Central Government may, from time to time,
require.
(2) The Lokpal shall prepare, once every year, in
such form and at such time as may be prescribed, an
annual report, giving a summary of its activities
during the previous year and copies of the report
shall be forwarded to the Central Government.
(3) A copy of the report received under sub-section
Reports of Lokpal
14. (1) The Chairperson of Lokpal shall present annually
a consolidated report in the prescribed format on its
performance to the President
(2) On receipt of the annual report, the President shall
cause a copy thereof together with an explanatory
memorandum to be laid before each House of the
Parliament.
(3) 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.
1. The Govt Lokpal Bill says that the Lokpal shall
furnish whatever reports, statements and returns
the Central Govt. may request or prescribe from
time to time, including annual report. It is open-
ended as to what Central Govt will demand.
2. The Jan Lokpal Bill is closed-ended. It says:
� Lokpal will present directly to the
President of India the consolidated annual
report in the prescribed format.
� The President may add his own
explanatory memorandum and lay it
before both Houses of Parliament.
� Lokpal will publish every month on its
website the list of cases disposed during
the previous month, along with the
outcome of each case, actions to be taken,
list of pending cases, and records of Board
69
(2) shall be laid by the Central Government, as soon
as may be after it is received, before each House of
Parliament.
16. The Lokpal shall maintain complete transparency in
its functioning and shall ensure that full records of any
investigation or inquiry conducted under this Act after
its conclusion is made public by being put on a public
web site.
meetings.
� Lokpal will maintain transparency directly
before the citizens of India through
website and direct access to documents.
� In other words, it will be answerable
directly to people of India, but not
controlled by Government and
Parliament.
Chapter 13 Declaration of Assets
73 DECLARATION OF ASSETS
47. (1) Every public servant shall make a declaration
of his assets and liabilities in the manner as
provided by or under this Act.
(2) Every public servant shall, within a period of
thirty days from the date on which he makes and
subscribes an oath or affirmation to enter upon his
office, furnish to the competent authority the
information relating to—
(a) the assets of which he, his spouse and his
dependent children are, jointly or severally, owners
or beneficiaries;
(b) his liabilities and that of his spouse and his
dependent children.
(3) Every public servant holding his office as such, at
the time of the commencement of this Act, shall
furnish information relating to such assets and
liabilities, as referred to in sub-section (2) to the
Public servants property statements
28. (1) Every public servant shall within 3 months after
the commencement of this Act and thereafter before
the 30th June of every year submit to the Head of that
public authority in which the said public servant is
functioning or to such other authority as may be
prescribed, a statement of his assets and liabilities and
those of the members of his family which shall include
their sources of income, in the format prescribed by
the Lokpal.
Explanation : In this Section family of a public servant
means the spouse and such children and parents of the
public servant and such other people as are dependent
on him.
(2) The Head of each public authority shall ensure that
all such statements are put on the website by 31st of
August of that year.
1. Govt Lokpal Bill says that
• Every public servant, within 30 days of his
taking oath or affirmation, and within 30
days of the coming into force of this Act,
he will furnish to the Competent Authority
a statement of his assets and liabilities,
and those of his spouse and dependent
children.
• He will thereafter file annual returns of
the same as on 31st
March.
• The competent authority will publish this
on its website by 31st
August.
2. Jan Lokpal Bill gives 3 months from the
commencement of this Act to file such returns.
� Besides spouse and children, it also
includes among the dependents the
parents and “such other people”.
� It puts the onus on the head of each
public authority to ensure that such
returns are filed before 30th
of June, and
70
competent authority within thirty days of the
coming into force of this Act.
(4) Every public servant shall file with the competent
authority, on or before the 31st July of every year,
an annual return of such assets and liabilities, as
referred to in sub-section (2), as on the 31st March
of that year.
(5) The information under sub-section (2) or sub-
section (3) and annual return under sub-section (4)
shall be furnished to the competent authority in
such form and in such manner as may be prescribed.
(6) The competent authority in respect of each
office or Department shall ensure that all such
statements are published on the website of such
office or Department by 31st August of that year.
Explanation.— For the purposes of this section,
“dependent children” means sons and daughters
who have no separate means of earning and are
wholly dependent on the public servant for their
livelihood.
that this information is up on the website
by 31st
August the same year.
74 PRESUMPTION AS TO ACQUISITION OF ASSETS
48. If any public servant wilfully or for reasons which
are not justifiable, —
(a) fails to declare his assets; or
(b) gives misleading information in respect of such
assets and is found to be in possession of assets not
disclosed or in respect of which misleading
information was furnished, then such assets shall,
unless otherwise proved, be presumed to belong to
28 (3) If it is found that the public servant owns some
property which was not disclosed in his statement of
assets, that property would be liable to be confiscated
by the Lokpal.
(4). If the public servant is found to be in possession or
enjoyment of any property which is not shown in his
statement of assets, it shall be presumed that it was
owned by him unless he proves to the contrary.
1. Govt Lokpal Bill says:
• If public servant fails to declare assets or
gives misleading information, then such
assets shall be automatically presumed to
be acquired by corrupt means.
• The public servant will be given
opportunity to present his defence.
• Competent authority may condone or
exempt public servant from furnishing
information below a certain minimum
71
the public servant and shall be presumed to be
assets acquired by corrupt means:
Provided that the competent authority may
condone or exempt the public servant from
furnishing information in respect of assets not
exceeding such minimum value as may be
prescribed.
value that is prescribed.
2. Jan Lokpal Bill says:
� If it is found that the public servant owns
some property that was not disclosed in
the returns, it is liable to be confiscated
by Lokpal.
� If the public servant is found to be in
possession of, or enjoyment of, some
property that was not declared, it shall be
presumed to be owned by him unless he
proves to the contrary.
Chapter 14 Offences and Penalties
75 PROSECUTION FOR FALSE COMPLAINT
49. (1) Notwithstanding anything contained in this
Act, whoever makes any false and frivolous or
vexatious complaint under this Act shall, on
conviction, be punished with imprisonment for a
term which shall not be less than two years but
which may extend to five years and with fine which
shall not be less than twenty-five thousand rupees
but which may extend to two lakh rupees.
(2) No Court, except a Special Court, shall take
cognizance of an offence under sub-section (1).
(3) No Special Court shall take cognizance of an
offence under sub-section (1) except on a complaint
made by a person against whom the false, frivolous
or vexatious complaint was made.
(4) The prosecution in relation to an offence under
Punishments for false complaints:
30. (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.
Provided that no fine can be imposed without giving a
reasonable opportunity of being heard to the
complainant.
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.
Provided that if such complaint is against the staff or
1. Govt Lokpal Bill specifies:
• Whoever makes a false or vexatious
complaint under this Act shall be punished
for two to five years of imprisonment, and
fine of Rs 25000 to Rs 2 lakhs.
• This will be heard by a special court, and
not any other court.
• It will be taken up by the special court if
and only if the victim of the false
complaint files a complaint.
• Expenses of this prosecution will be borne
by Central Govt. i.e. The aggrieved public
servant will not have to bear the cost.
• The person, association, society etc.
convicted of false complaint will be
required to pay compensation to the
aggrieved public servant, and also legal
72
sub-section (1) shall be conducted by the public
prosecutor and all expenses connected with such
prosecution shall be borne by the Central
Government.
(5) In case of conviction of a person [being an
individual or society or association of persons or
trust (whether registered or not)], for having made a
false complaint under this Act, such person shall be
liable to pay compensation to the public servant
against whom he made the false complaint in
addition to the legal expenses for contesting the
case by such public servant, as the Special Court
may determine.
officers of Lokpal, Lokpal may sentence the
complainant to three months of simple imprisonment
in addition to fine.
(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.
expenses. The amount will be determined
by the special court.
2. Compared to Govt Lokpal Bill, Jan Lokpal Bill
specifies lighter penalties for the offences of false
allegations etc. offences committed by civil society:
� Those who make complaints which are
not on the basis of evidence, only for
harassing the authorities, will be fined
upto Rs 1 lakh.
� If the complaint is against staff or officers
of Lokpal, Lokpal may sentence him to
three months of simple imprisonment, in
addition to fine.
� Complainant will not be punished only
because a complaint against a public
servant could not be proved after
investigation.
� If such fines are not paid, his properties
may be attached to pay the fines.
� A complaint once made cannot be
withdrawn.
� Jan Lokpal Bill does not say anything about
groups of people filing false or vexatious
complaints.
76 FALSE COMPLAINT MADE BY COMPANY OR
ASSOCIATION
50. (1) Where any offence under section 49 has
been committed by any society or association of
persons or trust (whether registered or not), every
person who, at the time the offence was committed,
No Equivalent Provisions
1. Govt Lokpal Bill says:
• If false and vexatious compliant was filed
by a society, association or any other
group of persons – registered or
otherwise – then all the person who are
responsible for the conduct of its activities
will be deemed to be guilty.
73
was directly in charge of, and was responsible to,
the society or association of persons or trust, for the
conduct of the business or affairs or activities of the
society or association of persons or trust as well as
such society or association of persons or trust shall
be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section
shall render any such person liable to any
punishment provided in this Act, if he proves that
the offence was committed without his knowledge
or that he had exercised all due diligence to prevent
the commission of such offence.
(2) Notwithstanding anything contained in sub-
section (1), where an offence under this Act has
been committed by a society or association of
persons or trust (whether registered or not) and it is
proved that the offence has been committed with
the consent or connivance of, or is attributable to
any neglect on the part of, any director, manager,
secretary or other officer of such society or
association of persons or trust, such director,
manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be
liable to be proceeded against and punished
accordingly.
No Equivalent Provisions
• Directors, Secretary, manager etc. will be
held guilty, even if it happened because of
their neglect.
• The onus will be on them to prove that
they were not party to this action, or that
they had exercised due diligence to
prevent such an offence.
2. Jan Lokpal Bill is silent on this aspect. It fails to
consider false complaints filed by groups of people.
74
Chapter 15 Miscellaneous
77 PROTECTION FOR ACTION IN GOOD FAITH BY
PUBLIC SERVANT AND OTHERS
51. No suit, prosecution or other legal proceedings
under this Act shall lie against any public servant, in
respect of anything which is done in good faith or
intended to be done in the discharge of his official
functions or in exercise of his powers.
52. No suit, prosecution or other legal proceedings
shall lie against the Lokpal or against any officer,
employee, agency or any person, in respect of
anything which is done in good faith or intended to
be done under this Act or the rules or the
regulations made thereunder.
No Equivalent Provisions
These are standard legal clauses present in every
Act of this nature. The Jan Lokpal Bill, having been
drafted by civil society, does not have a few such
clauses.
78 MEMBERS AND EMPLOYEES TO BE PUBLIC
SERVANTS
53. The Chairperson, Members, officers and other
employees of the Lokpal shall be deemed, when
acting or purporting to act in pursuance of any of
the provisions of this Act, to be public servants
within the meaning of section 21 of the Indian Penal
Code.
These are standard legal clauses present in every
Act of this nature. The Jan Lokpal Bill, having been
drafted by civil society, does not have a few such
clauses.
79 LIMITATION IN CERTAIN CASES
54. The Lokpal shall not inquire or investigate into
any complaint, if the complaint is made after the
expiry of a period of seven years from the date on
which the offence mentioned in such complaint is
1. Govt. Lokpal Bill has this “Statute of Limitations”
clause. It says that Lokpal will not entertain
complaints about incidents of corruption that are
over seven years old. Conversely, this important
clause means that Lokpal will consider complaints
75
alleged to have been committed. about incidents of corruption that are even a few
weeks short of seven years, if backed up with
sufficient evidence.
2. Jan Lokpal does not have this important clause.
This could mean that it may be willing to entertain
complaints about very old incidents of corruption,
if backed up with proper evidence.
80 BAR OF JURISDICTION
55. No civil court shall have jurisdiction in respect of
any matter which the Lokpal is empowered by or
under this Act to determine.
1. Govt. Lokpal Bill has this good technical point, to
avoid confusion about overlapping jurisdiction of
civil courts. This is a typical Bar-of-Jurisdiction
clause.
81 LEGAL ASSISTANCE
56. The Lokpal shall provide to every person against
whom a complaint has been made, before it, under
this Act, legal assistance to defend his case before
the Lokpal, if such assistance is requested for.
1. Govt Lokpal Bill has this clause to give assistance
to those who are financially not able to defend
themselves.
82 ACT TO HAVE OVERRIDING EFFECT
57. The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith
contained in any enactment other than this Act or in
any instrument having effect by virtue of any
enactment other than this Act.
1. A necessary technical clause to avoid conflict
with other older legislations.
83 ACT IN ADDITION TO EXISTING LAWS
58. The provisions of this Act shall be in addition to,
and not in derogation of, any other law for the time
being in force.
1. A necessary technical clause to avoid conflict
with other older legislations.
76
84 AMENDMENT OF CERTAIN ENACTMENTS
59. The enactments specified in the Second
Schedule shall be amended in the manner specified
therein.
85 2ND
SCHEDULE
AMENDMENT TO CERTAIN ENACTMENTS
PART I
AMENDMENT TO THE COMMISSIONS OF INQUIRY
ACT, 1952
(60 OF 1952)
In section 3, in sub-section (1), for the words “The
appropriate Government may”, the words and
figures “Save as otherwise provided in the Lokpal
Act, 2011, the appropriate Government may” shall
be substituted.
PART II
AMENDMENTS TO THE PREVENTION OF
CORRUPTION ACT, 1988 (49 OF 1988)
1. In section 13, in sub-section (2), for the words
“seven years”, the words “ten years” shall be
substituted.
2. In section 14, for the words “seven years”, the
words “ten years” shall be substituted.
3. In section 19, in sub-section (1), after the words
“except with the previous sanction”, the words and
figures “save as otherwise provided in the Lokpal
Act, 2011” shall be inserted.
PART III
AMENDMENT TO THE CODE OF CRIMINAL
PROCEDURE, 1973 (2 OF 1974)
APPLICABILITY AND MODIFICATIONS OF THE
PROVISIONS OF CERTAIN OTHER ACTS
29. (1) Section 19(1) and 19(2) of the Prevention of
Corruption Act shall be deleted.
(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) 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.
(5) Section 389(3) of CrPC shall not apply to offences
under Prevention of Corruption Act.
(6) The right to file appeals under section 377 or 378 of
CrPC shall be exercised by Lokpal.
(7) Under section 372 of CrPC, the power to file an
appeal shall be with the complainant as well.
(8) 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
1. Govt Lokpal Bill says:
• No case where a complaint has been
made to the Lokpal shall be referred for
inquiry under the Commissions of Inquiry
Act, 1952. Amendment to Commission of
Inquiry Act will make this effective.
• Amendments to Prevention of Corruption
Act 1988 raises the maximum jail term for
habitually corrupt people from seven
years to 10 years.
• Amendment to CrPC removes the need for
seeking sanction of higher-ups for
prosecuting a public servant, if the
complaint is made to Lokpal.
2. Jan Lokpal Bill says:
� The sections of Prevention of Corruption
Act requiring previous sanction of the
higher-ups of a public servant stand
deleted.
� The provisions of Delhi Special Police
Establishment Act, and of CrPC (Section
197) that require prior sanction before
prosecution of public servants also stand
nullified in the context of Lokpal.
� Section 389(3) of CrPC, which grants a
convicted person suspension of
imprisonment while he is on bail for
77
In section 197, after the words “except with the
previous sanction”, the words and figures “save as
otherwise provided in the Lokpal Act, 2011” shall be
inserted.
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.
(9) 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.
(10) The power of the Lokpal to investigate offences
under the Prevention of Corruption Act shall be with
the Lokpal notwithstanding any provision in the Money
Laundering Act, 2002.
(11) 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.
(12) The appropriate Bench of the Lokpal shall be
deemed to be the designated authority under Section 5
of the Indian Telegraph Act empowered to approve
interception and monitoring of messages or 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.
(13) Section 4 (4) of Prevention of Corruption Act shall
appealing the sentence, will not apply to
Prevention of Corruption Act. i.e. Those
convicted will go straight to jail, and will
have to fight their appeal from jail.
� Section 397 of CrPC will not apply to
ongoing trial of corruption case by a
special court. If a High Court calls for the
records being examined by a Special
Court, they shall have to be returned
within a month. This is intended to
prevent undertrials from delaying their
conviction by manipulating to get their
records held up in High Courts – a
favourite tactic of many lawyers.
� No law requiring permission for
investigation or prosecution will be
applicable once Lokpal decides to
investigate and prosecute.
� Even cases being investigated by
Enforcement Directorate as per Money
Laundering Act 2002 will not be barred
from the jurisdiction of the Lokpal for
investigation and prosecution. Nor will the
Special Court be barred from trying such
cases.
� Lokpal will have powers to intercept and
monitor all forms of messages through
physical or electronic media. He can read
sealed letters, tap telephones, hack
internet and emails, SMSes etc. In short, if
a person is under investigation, none of
his communications will be private.
� Section 4(4) of Prevention of Corruption
78
be amended as – “Notwithstanding anything 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”
Act states that “as far as practicable,” the
Special Court shall hold trials on a day-to-
day basis. Jan Lokpal Bill amends this by
deleting “as far as practicable” and makes
it an absolute mandate to hold daily trials.
It further adds that it shall not grant
adjournments for any purpose, barring
exceptional circumstances to be recorded
in writing.
86 POWER TO MAKE RULES
60. (1) The Central Government may, by notification
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the
generality of the foregoing power, such rules may
provide for all or any of the following matters,
namely:—
(a) the form of complaint referred to in clause (d) of
sub-section (1) of section 2;
(b) the term of the Search Committee, the fee and
allowances payable to its members and the manner
of selection of panel of names under sub-section (5)
of section 4;
(c) the procedure of inquiry into misbehaviour for
removal of the Chairperson or any Member under
sub-section (1) of section 8;
(d) the post or posts in respect of which the
appointment shall be made after consultation with
the Union Public Service Commission under the
proviso to subsection (1) of section 11;
(e) other matters for which the Lokpal shall have the
6. The Lokpal shall have the following functions and
powers
g) to provide by rules for the terms and conditions of
service including the allowances and pension payable
to the officers and staff of the Lokpal.
1. Govt Lokpal relies on Central Govt. to
make rules to carry out the provisions of
this Act. It lays down a clear list of areas
for which rules must be framed. It
acknowledges rule-making as a specialized
government function.
2. Jan Lokpal takes rule-making as a power of
Lokpal. It does not leave it to the
government.
Pros & Cons:
a) Rule-making is a neglected function.
Government often fails to lay down rules
in a timely manner.
b) Lokpal itself may be better equipped to
make effective rules, as it would be in
touch with the ground realities.
c) However, Lokpal may subjectively make
rules to maximise its own authority. It may
fail to bear in mind the larger context of
the administration and constraints posed
the rules of other organizations.
79
powers of a civil court under clause (vi) of sub-
section (1) of section 31;
(f) the manner of sending the order of attachment
along with the material to the Special Court under
sub-section (2) of section 33;
(g) the manner of transmitting the letter of request
under sub-section (2) of section 39;
(h) the manner of making reference to the Chief
Justice of India under subsection (3) of section 40;
(i) the form and the time for preparing in each
financial year the budget for the next financial year,
showing the estimated receipts and expenditure of
the Lokpal under section 43;
(j) the form for maintaining the accounts and other
relevant records and the form of annual statement
of accounts under sub-section (1) of section 45;
(k) the form and manner and the time for preparing
the returns and statements along with particulars
under sub-section (1) of section 46;
(l) the form and the time for preparing an annual
report giving a summary of its activities during the
previous year under sub-section (2) of section 46;
(m) the form of annual return to be filed by a public
servant under sub-section (5) of section 47;
(n) the minimum value for which the competent
authority may condone or exempt a public servant
from furnishing information in respect of assets
under the proviso to section 48;
(o) any other matter which is to be or may be
prescribed.
80
87 POWER OF LOKPAL TO MAKE REGULATIONS
61. (1) Subject to the provisions of this Act and the
rules made thereunder, the Lokpal may, by
notification make regulations to carry out the
provisions of this Act.
(2) In particular, and without prejudice to the
generality of the foregoing power, such regulations
may provide for all or any of the following matters,
namely:—
(a) the conditions of service of the secretary and
other officers and staff of the Lokpal and the
matters which in so far as they relate to salaries,
allowances, leave or pensions, require the approval
of the President under sub-section (2) of section 11;
(b) the place of sittings of Benches of the Lokpal
under clause (f) of sub-section (1) of section 19;
(c) the manner for displaying on the website of the
Lokpal, the status of all complaints pending or
disposed of along with records and evidence with
reference thereto under sub-section (13) of section
23;
(d) the manner and procedure of conducting an
inquiry or investigation under sub-section (15) of
section 23;
(e) any other matter which is required to be, or may
be, specified under this Act.
18. (1) The Lokpal may by notification make regulations
consistent with this Act to carry out the provisions of
this Act.
(2) In particular and without prejudice to the generality
of the power contained in sub-section (1) any such
regulations may provide for all or any of the following
matters, namely:-
a) the creation of different wings in the Lokpal to deal
with different subjects like investigation, prosecution
and grievances;
b) the conferment of authority on officers at different
levels to exercise powers under the Act and to lay
down the procedure for any inquiries including those
relating to complaints against its officers or members
of staff ;
c) periods within which the investigations and inquiries
have to be completed
d) To provide for the taking of certain decisions by
appropriate benches of the Lokpal by circulation only.
(e) Work norms for each category of officers and staff
of Lokpal.
10(3) 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.
1. Govt. Lokpal Bill says that Lokpal may make
regulations to provide for:
• conditions of service
• the places where different benches will
sit
• the way to display status of complaints on
the website
• The procedure for conducting enquiry and
investigation
• Other matters
2. Jan Lokpal Bill says more-or-less the same thing
in different words.
81
88 LAYING OF RULES AND REGULATIONS
62. 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, while it is in
session, for a total period of thirty days which may
be comprised in one session or in two or more
successive sessions, and if, before the expiry of the
session immediately following the session or the
successive sessions aforesaid, both Houses agree in
making any modification in the rule or regulation,
or both Houses agree that the rule or regulation
should not be made, the rule or regulation shall
thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however,
that any such modification or annulment shall be
without prejudice to the validity of anything
previously done under that rule or regulation.
18 (3) The regulations framed by the Lokpal under this
Section shall be laid, as soon as may be after they are
issued or made, before each House of Parliament.
1. Govt Lokpal Bill acknowledges the power of the
Parliament to make modifications in the rule or
regulations proposed by Lokpal.
2. Jan Lokpal Bill says that the regulations under
section 18 will be laid before Parliament at the
earliest AFTER they are issued or made. It says
nothing about modification by Parliament. This
could imply that it expects the Parliament to be a
rubber stamp. It appears that Jan Lokpal will not be
accountable to Parliament, and it will have
jurisdiction over Central Govt, MPs, Judges,
Ministers and Prime Minister.
89 POWER TO REMOVE DIFFICULTIES
63. (1) If any difficulty arises in giving effect to the
provisions of this Act, the Central Government may,
by order, published in the Official Gazette, make
such provisions not inconsistent with the provisions
of this Act, as may appear to be necessary for
removing the difficulty:
Provided that no such order shall be made under
this section after the expiry of a period of two years
from the commencement of this Act.
(2) Every order made under this section shall be laid,
as soon as may be after it is made, before each
House of Parliament.
19. (1) If any difficulty arises in giving effect to the
provisions of this Act, the Central Government may, on
the recommendation of the Lokpal, by order, not
inconsistent with the provisions of this Act, remove the
difficulty provided that no such order shall be made
after the expiry of a period of 2 years from the date of
commencement of this Act.
(2) Every order made under this section shall be laid
before each house of Parliament.
Removal of difficulties is a standard clause in
almost every new legislation.
82
90 1st
Schedule – OATH OF OFFICE
I, A.B……………………………, having been appointed
Chairperson (or a Member) of the Lokpal, do swear
in the name of God/solemnly affirm that I will bear
true faith and allegiance to the Constitution of India
as by law established, that I will duly and faithfully
and to the best of my ability, knowledge and
judgment perform the duties of my office without
fear or favour, affection or ill-will.
No Equivalent Provisions
Dear friends,
I have tried to make this an unbiased assessment. The aim was to facilitate thinking on both the proposed versions of
Lokpal that are before the Standing Committee. Please revert to me with your reasoned views if you feel that I have come
to faulty conclusions or made undeserved remarks against either version.
A visual idea of the two proposed Lokpals can be seen here: http://tinyurl.com/Flowchart-JanLokpal-GovtLokpal
Warm Regards,
Krishnaraj Rao
Mumbai
98215 88114