The Lokpal and Lokayuktas Act, , commonly known as The Lokpal Act, is an .. The Jan Lokpal Bill was submitted to the committee by Congress MP from. Jan 1, 1st January, , and is hereby published for general information:— (1) This Act may be called the Lokpal and Lokayuktas Act, 1 January and became Act no. 1 of (Annexure XI). Salient features of the Lokpal and Lokayuktas Act, ○. Lokpal at the Centre and Lokayukta at.
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May 20, This document contains the text of the Bill as passed by Lok. Sabha on 29 (1) This Act may be called the Lokpal and Lokayuktas Act, (2) It extends to the whole of section of the Indian Penal Code. (1) The. Jul 26, BILL to amend the Lokpal and Lokayuktas Act, BE it enacted by be deemed to have come into force on the 16th day of January, Dec 15, to amend the Lokpal and Lokayuktas Act, and further to amend the . enacted and brought into force with effect from 16th January,
Lokpal and Lokayuktas Bill, , was passed in both Houses of Parliament. The Act allows setting up of anti-corruption ombudsman called Lokpal at the Centre and Lokayukta at the State-level. The Lokpal will consist of a chairperson and a maximum of eight members. The Lokpal will cover all categories of public servants, including the Prime Minister. But the armed forces do not come under the ambit of Lokpal.
The Act also incorporates provisions for attachment and confiscation of property acquired by corrupt means, even while the prosecution is pending.
The States will have to institute Lokayukta within one year of the commencement of the Act. It has been made mandatory for public servants to declare their assets and liabilities along with that of their spouse and dependent children. The Act also ensures that public servants who act as whistleblowers are protected.
A separate Whistle Blowers Protection Act was passed for this purpose. The Lokpal will have the power of superintendence and direction over any investigation agency including CBI for cases referred to them by the ombudsman.
As per the Act, the Lokpal can summon or question any public servant if there exists a prima facie case against the person, even before an investigation agency such as vigilance or CBI has begun the probe.
Any officer of the CBI investigating a case referred to it by the Lokpal, shall not be transferred without the approval of the Lokpal. An investigation must be completed within six months.
The ministry is headed by the PM himself. Losing Teeth? Hazare says the government is scared of the Lokpal since it could investigate complaints of corruption.
The Lokpal Act has lately been in the news in the context of the controversy in the CBI, with its former director Alok Verma and his deputy Rakesh Asthana accusing each other of corruption.
Lokpal and Lokayukta
The government recently sent both on leave. The Congress has alleged that the action against Verma was illegal since the appointment and removal of the CBI director can only be done by a three-member committee consisting of the PM, the LoP or the leader of the single largest opposition party and the Chief Justice of India or a Supreme Court judge nominated by him.
The rule was the result of an amendment to the Delhi Special Police Establishment Act, , upon the enactment of the Lokpal law. Just as the Centre has dragged its feet on appointing a Lokpal, several states have done the same with the Lokayukta, with the apex court asking them to expedite the process. Jammu and Kashmir and Uttarakhand have even questioned the need for a Lokayukta. Tamil Nadu passed its Lokayukta Bill only in July and is yet to appoint an officer.
Even Odisha, Nagaland and Manipur are yet to appoint their first ombudsmen, a concept dating back to in Sweden. Some states have had Lokayukta even before the Lokpal Act. Maharashtra was the first state to enact a law for it in The Karnataka Lokayukta is believed to be among the most effective Lokayuktas.
It landed him in jail for 24 days. He was acquitted by a CBI court in October Lokayuktas in different states do not all enjoy the same powers. For instance, the Maharashtra Lokayukta does not have a police wing under it to investigate graft complaints, unlike in Karnataka. At the 30 May meeting the chairman made it clear during the discussion that the matters pertaining to the exclusion of Prime Minister, Judiciary would be a part of the discussions on the scope of the Lokpal.
The Chairman of the Panel announced that the conduct of the MPs' inside Parliament would remain outside its remit of the Lokpal to comply with [Article 2 ] of the Constitution and that the views of the State and the political parties would be discussed with the civil society members. Team Anna boycotted 6 June meeting, alleging that the police crackdown on Baba Ramdev had "strengthened the doubts" about the government's intentions and demanded that the next meeting be rescheduled because of Hazare's other commitments.
Delay in appointment of Lokpal & Lokayukta: Who will bell the graft?
The chairman suggested that the drafting should be the focus. Post meeting, the draft was to be circulated to the other political parties for their consideration. They rescheduled the seventh meeting to 15 June. The two hours event took place on 15 June , with out agreement on several issues.
Both sides furnished versions to the Union Cabinet for consideration. The government rejected the idea. Chief Ministers of several BJP -ruled states expressed surprise that they were being consulted before the final draft was ready. Chief ministers of Congress -ruled states backed the Centre's stand and opposed bringing the prime minister under the Lokpal's ambit. BJP-ruled states sought wider deliberations. Opposition parties demanded to comment on the whole bill rather than on the six contentious issues.
Hazare threatened to resume an indefinite fast if the bill was not passed by 15 August. Procedure for persons other than MPs and ministers: The competent authority is the Minister for officers of government bodies and the society head for officers of societies. The Lokpal recommends disciplinary proceedings to the competent authority and provides a copy of the report to the accused.
The competent authority must take action within 30 days and inform the Lokpal within 6 months of initiating disciplinary proceedings. Procedure for MPs and ministers: The House reports to the Lokpal on any action taken within 90 days.
The Lokpal shall appoint retired judges or retired civil servants as judicial officers. A bench of judicial officers can impose a penalty on a public servant after conducting an inquiry. The decision shall be subject to approval from a higher authority to be prescribed. If the Lokpal grants permission to investigate or initiate prosecution, no sanction is required from any other authority.
The government moved its version of the bill  in the Lok Sabha on 4 August, the ninth such introduction. Leader of Opposition Sushma Swaraj opposed the exclusion of the prime minister from the purview of the proposed Lokpal. V Narayanasamy told the House that Prime Minister Manmohan Singh was in favour of bringing his office under the purview of the Lokpal, but the Cabinet rejected the idea after deliberation.
The committee recommended keeping judiciary and MPs' out of the Lokpal's purview and rejected the demand to move the prosecution wing of CBI under its jurisdiction.
Committee members had unanimously recommended conferring constitutional status on the Lokpal and setting up of Lokpal and Lokayuktas in states under one bill. The draft document did not take a position on the inclusion of prime minister. Another of Team Anna's demands for inclusion of entire bureaucracy was turned down, given that the draft favoured inclusion of Group A and B officials, leaving out C and D staff. At the final meeting on 7 December they decided to bring Group C and D officers under the ambit of state Lokayuktas.
The Lokpal Bill was tabled in the Lok Sabha on 22 December  and passed by voice voting on the first day of the three-day extended session of the Winter session of the Lok Sabha, on 27 December , after a marathon debate that lasted over 10 hours.
The Prime Minister described this as "a bit of disappointment", adding, "We have, however, fulfilled our objective of bringing these bills to Parliament as we had promised.
The government withdrew its previous version and had introduced a newer version of the bill. The government gave in to the demands of parties.
The bill passed by the house deleted the provision that gave presiding officers the power to act against ministers and MPs, even before trial, but the exemption time of former MPs was increased from five to seven years. The consent of state governments is mandatory for the notification to set up Lokayuktas in the states, but the setting up of them in the states was made mandatory.
The appointment panel is loaded in favour of the government. The Lokpal Bill was passed under Article [a] of the constitution of India. But no institution and no individual, howsoever high he may be, should be free from accountability. The Left, Samajwadi Party and BSP staged a walkout during voting of the bill, protesting that their demands were not being met.
At least 15 Congress members and close to a dozen belonging to UPA allies were not present at the time of voting. The house also secured the passage of the Whistleblowers Bill  .
Lokpal an Anti-Corruption Ombudsman: Meaning and Powers
The ombudsman debate was taken up by The Rajya Sabha during the last day of the three-day extension of the winter session of Parliament, but the body recessed on 29 December without voting. The House was adjourned sine die by Chairman Hamid Ansari. Narayanasamy's defence of the Bill. Ansari asked for the national anthem Jana Gana Mana to be played, signalling the end of the proceedings and told the house:.
This is an unprecedented situation…there appears to be a desire to outshout each other. There is a total impasse. The House cannot be conducted in the noise that requires orderly proceedings, I am afraid the Chair has no option…most reluctantly…I am afraid I can't and…. After a minute adjournment between Leader of the Opposition Arun Jaitley charged that the government was running away from Parliament and that the House should decide how long it should sit.
He added:. You are creating an institution where you control the appointment mechanism, where you control the removal mechanism. We will support the appointment of the Lokpal procedures, but we cannot be disloyal to our commitment to create an integrity institution.
Derek O'Brien said "This is a shameful day for India's democracy. The government handled this situation very badly. This meant that the proposed amendments would have to be set aside. As stalemate and wrangling continued, the chairman called an end to the proceedings. He continued to attack the BJP and called the amendments an "ingenious" method to scuttle the bill.
Activists pushing hoped that the House would approve the bill towards the end of the second half of the budget session of The bill was re-introduced in the Rajya Sabha on 21 May He said that the government proposed to bring the lower bureaucracy under the Lokpal, which would have investigation and prosecution powers.
There would be provisions for attaching properties and a time-frame for investigations. An amendment was proposed whereby the states would pass the bill so the national law would not be forced upon states.
After the amended bill was introduced, Narayanasamy, Samajwadi Party member Naresh Agrawal sought to send the bill to a select committee. This was strongly objected to by BJP, the Left parties and BSP, with their members arguing that only the minister concerned Narayanasamy could do so and accusing the ruling coalition of "using the shoulder" of a "friendly opposition" party.
After high drama the government yielded and Narayanasamy moved the motion, which immediately passed by voice vote. The member select committee was to submit its report by the first day of the last week of the Monsoon Session.
The committee met on 25 June and decided on "wider consultations" with the government officials and the public. The director of the CBI aired his views in the meeting. He made it clear that the CBI is open to changes in the Lokpal bill that strengthen the agency's autonomy by enhancing the proposed Lokpal's role in key appointments like those of director, head of prosecution and lawyers who represent CBI.
He also mentioned in the meeting that the Lokpal should be given a significant say in appointing the director of the prosecution wing instead of the process being controlled by the law ministry as is currently the procedure, the persistent criticism about CBI's investigations being throttled by political directives could be addressed as well. He opposed making the prosecution or the anti-corruption wings subservient to the Lokpal.
The select committee had in its earlier sittings examined senior law officials who agreed with the members that the prescription for lokayuktas under Article that refers to fulfilment of international obligations — in this case the UN convention against corruption — might not be feasible. Recourse to international treaties to frame a law that impact the federal structure is not within the ambit of the law. In reply hundreds of responses were received to the Rajya Sabha.
The committee took a view and shortlisted certain recommendations and took Oral Evidence in physical presence of the Members.
Committee considered some of the most valid suggestions being done by the Members. Deepak Tongli of Hyderabad had come with a proposal of setting up the lower most unit to keep regular check on Anti Corruption in petty cases at District Level.
In addition few other members also shared their views in this regard. Tongli, 26 yrs aged happened to be the youngest person to appear before the Parliamentary committee for Oral Evidence at Rajya Sabha.
The monsoon session of parliament was to be held in August Hence, a bill that is pending before the upper house whether or not it was passed by the Lok Sabha, does not lapse on its dissolution. Hence, the bill is still alive in its present form. From Wikipedia, the free encyclopedia.
This article is about The Lokpal Act, For Lokpal, an article containing general purpose definition and the Jan Lokpal Bill in particular, see Lokpal. This article needs to be updated. Please update this article to reflect recent events or newly available information.
December India portal Politics portal Law portal Criminal justice portal. It is a legislation which pertains to the power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State. Powers and Relationship".
Lessons Out Of India".Paid by Consolidated Fund of India. In the 20th century, Ombudsman as an institution developed and grew most significantly after the Second World War. For instance, the Maharashtra Lokayukta does not have a police wing under it to investigate graft complaints, unlike in Karnataka. Discussions at fourth meeting of Jt Committee on 23rd May ". Extra text: All members should be of impeccable integrity with record of public service especially in the field of corruption.
Retrieved 9 December