Image via WikipediaChapter 1: Preliminaries
Chapter 2: Establishment of Lokpal
- Composition: Chairperson who is ex-Chief Justice of India or a Supreme Court Judge + not more than 8 members 50% of whom shall be judicial members.
- Member eligibility: not less than 25 years in anti-corruption policy, public administration, vigilance, finance, law, and management.
- Member shall not be MP/MLA, connected to any party, trust, profession or business, must quit all before taking oath of office to join the Lokpal.
- Selection Committee: PM, Speaker, Leader of Opposition, Cabinet Min, SC Judge, HC Judge, one jurist, one eminent person.
Chapter 3: Investigation Wing
- Lokpal shall constitute an investigation wing. No investigation by any officer below the rank of Deputy SP.
- Lokpal may, before holding any inquiry, by an order, require the investigation officer to make a prelim investigation.
- Lokpal may constitute a prosecution wing and appoint a director of prosecution who will file a complaint in the SC.
Chapter 6: Jurisdiction in respect of Inquiry
- ex PM only, (ex) CabMin, (ex) MP, any Group A officer public servant, officer of any trust financed by government...provided that this shall not apply to any society or person or trust constituted for religious purposes.
- Lokpal shall not investigate any allegation of corruption relating to any speech or vote of any MP.
- (1) prelim investigation must be completed in 30 days or by written reason, 3 months.
- (2) Lokpal shall afford the public servant an opportunity to be heard.
- (3) If not satisfied with prima facie case, case dismissed.
- (4) If Lokpal refers the matter for investigation, upon completion and before filing chargesheet, public servant to be heard.
- (5) Every inquiry, upon being satisfied with prima facie, shall be open to public provided that such may be captured in camera.
- (6) Inquiries to be completed in 6 months or by written reason, 12 months.
- Lokpal can pass order to safeguard documents and forward a copy of the complaint and relevant materials to the public servant.
- Website of Lokpal shall display the status of # complaints pending and disposed by it.
- If offence found, Lokpal may file a case in SC. The PM may table the report in Parliament.
- (1) Lokpal can authorise search and seizure of documents. Also, retain or copy and return.
- (2) Lokpal has the powers of civil court.
- (3) Can utilize services of any officer or agency of Central Government.
- (4) Central Government shall accept recommendation of Lokpal except when not feasible for administrative reasons.
- ensure completion of trial in one years or by written reason, by 3 month extensions, in 2 years
- Lokpal shall not investigate. Application to be sent to President of India.
- President will seek opinion of Chief Justice of India. President can remove the chairperson or member and order initiation of prosecution.
- Lokpal will investigate allegations against officials of Lokpal, not members or chairperson.
- Special Court may order recovery from beneficiaries proportionately.
- Lokpal prepares budget, Central Govt grants, CAG audits, annual report tabled in Parliament.
- If any officers do not submit or willfully mislead, assets shall be presumed acquired by corrupt means.
- Frivolous complainants shall be punished for a term not less than 2 years and up to 5 years + fine not less than Rs. 25 k up to Rs. 2 lakh.
- If convicted, Supreme Court may order frivolous complainant to pay compensation to public official in addition to legal expenses.
- (1) no case against acts of good faith and duty.
- (2) time limit of seven years.
(1) PM, judiciary, forces, junior officers not under Lokpal jurisdiction.
(2) MP vote bribery not under Lokpal jurisdiction.