Everything about The Lokpal and Lokayuktas Bill, 2011 passed on December 18,2013

The Lokpal and Lokayuktas Bill, 2011 

The Rajya Sabha passed the Lokpal and Lokayuktas Bill, 2011 on December 17, 2013 and the Bill has been passed by the Lok Sabha today (December 18, 2013). Parliament passed the crucial Lokpal Bill with the Lok Sabha adopting the measure as amended by the Rajya Sabha after a short discussion. Following are the salient features of the amended Lokpal Bill.

At Centre	At State Level
Lokpal	Lokayukta

• Constitution of Lokpal: The Lokpal will consist of a chairperson and a maximum of eight members, of which fifty percent shall be judicial members. Fifty percent members of Lokpal shall be from among SC, ST, OBCs, minorities and women.

• Selection of Lokpal: The selection committee will have:

1.   Prime Minister

2.   Lok Sabha Speaker

3.   leader of the opposition in Lok Sabha

4.   the Chief Justice of India

5.   A fifth member of the selection committee for selection of Lokpal under the category of "eminent jurist" may be nominated by the President on the basis of recommendation of the first four members of the selection committee.

• Lokayuktas:

1.   The new bill mandates states to set up Lokayuktas within 365 days.

2.   States have the freedom to determine the nature and type of Lokayukta.

Jurisdiction

The PM- The Prime Minister will be under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the Prime Minister

Ministers, current and former legislators

Govt employees, employees of firms funded or controlled by Centre.

Societies and trusts that collect public money, receive funds from foreign sources, and have income level above a certain threshold.

All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs.10 lakhs per year are brought under the jurisdiction of Lokpal.

Excluded: Bodies creating endowments for or performing religious or charitable functions

• Investigation:

1.   Inquiry to be completed within 60 days and investigation to be completed within 6 months

2.   Lokpal shall order a probe only after hearing the public servant

3.   Inquiry against PM has to be held in-camera and approved by two-thirds of full bench of Lokpal

4.   Provides adequate protection for honest and upright Public Servants.

• Central Bureau of Investigation:

1.   For independence of the CBI, in the new bill a directorate of prosecution will be formed.

2.   Appointment of the director of prosecution will be on the recommendation of the Central Vigilance Commissioner.

3.   Transfer of officers of CBI investigating cases referred by Lokpal will be only with the approval of Lokpal who will also have superintendence over CBI in relation to Lokpal referred cases.

• Hearing: The new bill says a government servant will get a hearing before a decision is taken by the Lokpal.

• Prosecution: 

1.   Lokpal can initiate prosecution through its Prosecution Wing before the Special Court. 

2.   Trial to be completed within two years.

• Penalty: 

1.   False and frivolous complaints - imprisonment up to one year and a fine of up to Rs.1 lakh. 

2.   Public servants - imprisonment up to seven years.

3.   Criminal misconduct and habitually abetting corruption - jail term up to 10 years.

4.   The Bill also incorporates provisions for attachment and confiscation of property acquired by corrupt means, even while prosecution is pending.

• Funding: All expenses to be charged to the Consolidated Fund of India (Funds available to the Lokpal will not be dependent on the annual budget voted by Lok Sabha)