The Lok Pal Bill approved by the Cabinet on Tuesday will be a constitutional authority minus investigative powers of any sort, unlike the ombudsman envisaged in the original draft and also unlike what was recommended by the standing committee of Parliament last month.
Anna Hazare, whose long agitation led to the Bill, said he rejected the decision as a betrayal of earlier promises. He would go on a three-day fast beginning December 27 and follow it with a three-day jail bharo agitation from January 1.
The Lok Pal proposed under the Bill cleared by the Cabinet also takes the Central Bureau of Investigation (CBI) out of its control. The Bill has a clause proposing a method to select the CBI director, which could lead to its autonomous functioning.
Former state police chief Prakash Singh, who has long fighting for a law giving independence to the CBI, said it seemed like an honest effort to insulate the selection of its director. At present, the director is appointed by a collegium of secretaries, all IAS officers. The new procedure in the Bill is that the Prime Minister, Leader of the Opposition and Chief Justice of the Supreme Court would select the official.
The new Bill ensures the CBI stays independent of the Lok Pal. It provides only powers of superintendence in cases passed by it to the CBI.
The proposed Lok Pal will have the powers to carry out preliminary inquiries. There will be a Director of Inquiry and a prosecution wing under a Director.
The other highlight of the Bill cleared on Tuesday is that for the first time a constitutional body would have reservation based on caste, gender and such criteria. The Lok Pal will have eight members, with a five-year term, who can be impeached only after at least 100 MPs make a representation.
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The government has proposed 50 per cent reservation for SC/STs, OBCs, minorities and women in the Lok Pal and in the search panel. Half of the bench would be members from a judicial background.
The Prime Minister will be under the purview of the Lok Pal, with certain safeguards that will keep out international relations, public order, atomic energy, space, internal and external security, and others from the inquiry. A probe against the PM will be decided by a full bench, of which at least three-fourths should agree. The probe will be in-camera and if a complaint is dismissed, the records will not be made public.
Grievances Bill tabled
The Government on Tuesday tabled the Grievance Redressal Bill and the Citizens Charter Bill in Parliament. These make it mandatory for every government authority to publish a citizens’ charter and address grievances within 30 days, failing which the official concerned would face action. The charter also seeks to make it mandatory for government officials to acknowledge complaints from the public within two days of receipt.