Thursday, August 4, 2011

Summary Highlights of the Lokpal Bill 2011

The Symbol of Indian Rupee approved by the Uni...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.
Chapter 4: Prosecution Wing
  • Lokpal may constitute a prosecution wing and appoint a director of prosecution who will file a complaint in the SC.
Chapter 5: Expenses of Lokpal to be charged on Consolidated Fund of India

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.
Chapter 7: Procedure in respect of Inquiry and Investigation
  • (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.
Chapter 8: Powers of Lokpal
  • (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.
Chapter 9: Special Courts
  • ensure completion of trial in one years or by written reason, by 3 month extensions, in 2 years
Chapter 10: Complaints Against Chairperson, Members and Officials of Lokpal
  • 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.
Chapter 11: Assessment of Loss or Recovery by Special Court
  • Special Court may order recovery from beneficiaries proportionately.
Chapter 12: Finance, Accounts and Audit
  • Lokpal prepares budget, Central Govt grants, CAG audits, annual report tabled in Parliament.
Chapter 13: Declaration of Assets
  • If any officers do not submit or willfully mislead, assets shall be presumed acquired by corrupt means.
Chapter 14: Offences and Penalties
  • 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.
Chapter 15: Miscellaneous
  • (1) no case against acts of good faith and duty.
  • (2) time limit of seven years.
Read the full official text courtesy of PRS here.


(1) PM, judiciary, forces, junior officers not under Lokpal jurisdiction.
(2) MP vote bribery not under Lokpal jurisdiction.


guavan none said...

It is the deliberate attempt of the congress government to exclude the current P.M., Cabinet Ministers, and MPs' from the Jurisdiction in respect of Inquiry.  If those people had nothing to hide or fear about, why would they do it?  Each and every one of them are corrupt, hence so.  

ashwanth kumar said...

how the money is  utilized .. that is collected from a person who was committed with corruption

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