PRS Parliament Diary
Winter Session
of Parliament

13th December
2013

 


The Lokpal and
Lokayuktas Bill, 2011
 was taken up for consideration in the
Rajya Sabha today. The Bill provides for establishment of the Lokpal at the
centre and Lokayuktas in the states for inquiring into complaints of corruption
against certain public servants.  The Bill, once passed, shall be
applicable to states if they give their consent to its application.

Minister of State for Personnel, Public Grievances and Pensions, V
Narayanasamy, introduced the redrafted Lokpal Bill in the Upper House of the Parliament today.
However, no debate could be held on the Bill because of interruptions from
different political parties over various issues. The House was adjourned
until Monday.

Lok Sabha was also unable to work due to disruptions and Speaker Meira Kumar
adjourned the House until Monday after another failed attempt at ascertaining
the strength of the No-Confidence Motions against the government.
 
More on the
Lokpal and Lokayuktas Bill, 2011:

The Lokpal and Lokayuktas Bill, 2011 was introduced in the Lok Sabha on
December 22, 2011, and passed by the Lower House on December 27, 2011. To see a
PRS analysis of the Bill, click here

The Bill was taken up for consideration and passing in the Rajya Sabha on
December 29, 2011, which referred it to a Select Committee of the Rajya Sabha. The Select Committee tabled its report to the Rajya Sabha on November
23, 2012.

On January 31, 2013 the Cabinet accepted some of the amendments suggested by
the Select Committee. To see a comparison of which recommendations of the
Select Committee were accepted or not accepted by the Cabinet, click here.

On August 2, 2013, the government circulated some Amendments to the Lokpal
Bill. Some of the key changes brought by the amendments will be:

Jurisdiction of
the Lokpal:
 Under the Bill, the Lokpal has jurisdiction over
societies, association of persons and trusts that collect public money or
receive funding from foreign sources and have an income level above a
certain threshold. The amendments circulated to the Bill seek to exclude
bodies creating endowments for or performing religious or charitable
functions or bodies from the purview of the Lokpal. 
 
Process for
investigation:
 The amendment adds that before ordering an
investigation against a public servant, the Lokpal has to call for an
explanation from the public servant to determine whether a prima facie
case for investigation exists. 
 
Sanction for
prosecution:
 The Lokpal will grant sanction for prosecution of
the public servant and authorise its Prosecution Wing or the investigating
agency to file a charge sheet before the Special Court against the public
servant.  

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