There are several significant differences between the two bills. In this note, we describe the some of these differences.
1. Divergence on the jurisdiction
Govt Bill includes the Prime Minister after he demits office. Excludes Judges and junior (below Group A) officials. The government Bill also includes officers of NGOs who receive government funds or any funds from the public.
Jan Lokpal ncludes a sitting Prime Minister, all government officials and Judges and Excludes NGOs.
2. Differ on the composition
The government Bill has a chairperson and up to 8 members; at least half the members must have a judicial background.
Jan Lokpal Bill wants chairperson and 10 members, of which 4 have a judicial background.
3. Differ on seletion on Lokpal members
The government Bill has a simpler process. The selection will be made by a committee consisting of the Prime Minister, the leaders of Opposition in both Houses of Parliament, a Supreme Court judge, a high court chief justice, an eminent jurist and an eminent person in public life. The selection committee may, at its discretion, appoint a search committee to shortlist candidates.
JLP has a two stage process. A search committee will shortlist potential candidates. The search committee will have 10 members; five of these would have retired as Chief Justice of India, Chief Election Commissioner or Comptroller and Auditor General; they will select the other five from civil society.
4.Qualification Criteria
The government Bill requires the judicial member to be a Supreme Court judge or a high court chief justice.
The JLP requires a judicial member to have held judicial office for 10 years or been a high court or Supreme Court advocate for 15 years.
5.Removal of the Lokpal Member
The government Bill permits the president to make a reference to the Supreme Court for an inquiry, followed by removal if the member is found to be biased or corrupt.
Jan Lokpal Bill wants the process starts with a complaint by any person to the Supreme Court. If the court finds misbehaviour, infirmity of mind or body, insolvency or paid employment, it may recommend his removal to the President.
6. Offences Covered
The government Bill deals only with offences under the Prevention of Corruption Act.
The JLP, in addition, includes offences by public servants under the Indian Penal Code, victimization of whistleblowers and repeated violation of citizen's charter.
7.Differ on CBI
The government Bill provides for an investigation wing under the Lok Pal.
The JLP states that the CBI will be under the Lok Pal while investigating corruption
cases.
8.Differ on Prosecution
The government Bill provides for a prosecution wing of the Lok Pal. In the government Bill, the Lok Pal may initiate prosecution in a special court. A copy of the report is to be sent to the competent authority. No prior sanction is required.
In the JLP, the CBI's prosecution wing will conduct this function. In the JLP, prosecution of the Prime Minister, ministers, MPs and judges of Supreme Court and high courts may be initiated only with the permission of a 7-judge bench of the Lok Pal.
9.Public Grievances
The government Bill does not deal with grievance redressal.
JLP deals with grievance redressal of citizens, in addition to the process for prosecuting corruption cases. It requires every public authority to publish citizen's charters listing its commitments to citizens.
1. Divergence on the jurisdiction
Govt Bill includes the Prime Minister after he demits office. Excludes Judges and junior (below Group A) officials. The government Bill also includes officers of NGOs who receive government funds or any funds from the public.
Jan Lokpal ncludes a sitting Prime Minister, all government officials and Judges and Excludes NGOs.
2. Differ on the composition
The government Bill has a chairperson and up to 8 members; at least half the members must have a judicial background.
Jan Lokpal Bill wants chairperson and 10 members, of which 4 have a judicial background.
3. Differ on seletion on Lokpal members
The government Bill has a simpler process. The selection will be made by a committee consisting of the Prime Minister, the leaders of Opposition in both Houses of Parliament, a Supreme Court judge, a high court chief justice, an eminent jurist and an eminent person in public life. The selection committee may, at its discretion, appoint a search committee to shortlist candidates.
JLP has a two stage process. A search committee will shortlist potential candidates. The search committee will have 10 members; five of these would have retired as Chief Justice of India, Chief Election Commissioner or Comptroller and Auditor General; they will select the other five from civil society.
4.Qualification Criteria
The government Bill requires the judicial member to be a Supreme Court judge or a high court chief justice.
The JLP requires a judicial member to have held judicial office for 10 years or been a high court or Supreme Court advocate for 15 years.
5.Removal of the Lokpal Member
The government Bill permits the president to make a reference to the Supreme Court for an inquiry, followed by removal if the member is found to be biased or corrupt.
Jan Lokpal Bill wants the process starts with a complaint by any person to the Supreme Court. If the court finds misbehaviour, infirmity of mind or body, insolvency or paid employment, it may recommend his removal to the President.
6. Offences Covered
The government Bill deals only with offences under the Prevention of Corruption Act.
The JLP, in addition, includes offences by public servants under the Indian Penal Code, victimization of whistleblowers and repeated violation of citizen's charter.
7.Differ on CBI
The government Bill provides for an investigation wing under the Lok Pal.
The JLP states that the CBI will be under the Lok Pal while investigating corruption
cases.
8.Differ on Prosecution
The government Bill provides for a prosecution wing of the Lok Pal. In the government Bill, the Lok Pal may initiate prosecution in a special court. A copy of the report is to be sent to the competent authority. No prior sanction is required.
In the JLP, the CBI's prosecution wing will conduct this function. In the JLP, prosecution of the Prime Minister, ministers, MPs and judges of Supreme Court and high courts may be initiated only with the permission of a 7-judge bench of the Lok Pal.
9.Public Grievances
The government Bill does not deal with grievance redressal.
JLP deals with grievance redressal of citizens, in addition to the process for prosecuting corruption cases. It requires every public authority to publish citizen's charters listing its commitments to citizens.
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