The report of the select committee on Lokpal Bill, which has recommended delinking of creation of Lokayuktas in states from the central bill, was tabled in the Rajya Sabha today.
The report was tabled by committee member Shantaram Naik amid pandemonium created by members of Samajwadi Party and BSP over reservation for SCs and STs in government job promotions.
The controversial bill, which was passed by the Lok Sabha last year, faced opposition hurdle in the Rajya Sabha on various provisions, including the one making it mandatory for states to set up Lokayuktas.
In view of the sharp divide, the bill was referred to the select committee. The panel, which was to submit its report during the Monsoon Session, adopted it on November 19.
The bill, along with the select committee's recommendations, will have to be considered by the Union Cabinet. Once the bill is passed in the Rajya Sabha, it will travel back to the Lok Sabha for approval of the amended version.
The Prime Minister has been exempted from the ambit of Lokpal on issues of external and internal security, atomic energy, international relations and public order.
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Despite suggestions by the Law Ministry during depositions before the committee suggesting 'insulation' to officials of the PMO, the committee, headed by Satyavrat Chaturvedi, has not recommended any changes.
The select committee has not recommended any change in the provision relating to "reservation". The original provision said not less than 50% of the members of Lokpal would be from SC, ST, OBC, minorities and women.
The committee's report said, "these provisions merely aim at providing representation to diverse sections of the society in the institution of Lokpal" and only indicates "the quantum of representation and not reservation".
BJP has strong objection to the provision on reservation and is understood to have given a "suggestion note" opposing it. There was a strong view in the committee that such a provision does not have a constitutional basis.
However, considering the Articles in the Constitution that provide for reservation, the committee said the provisions in the Bill merely aim at providing representation to diverse sections of society in the institution of Lokpal and the rules of reservation are not involved in this case.
"Accordingly, the committee does not recommend any change in the proviso to Clause 3(2)(b)," the report said.
While delinking the creation of Lokayuktas at the national and state levels, the panel has said state governments will have to set up their own ombudsman through enactment of law by state legislatures within one year of this law coming into force.
The committee's recommendation is seen as a major concession to opposition parties and UPA allies which had termed the original provision as an attack on the federal structure, saying state governments should be free to enact their own law regarding state-level ombudsman.
Partially accepting suggestions made by parties like BJP and JD-U on making CBI independent of government control, the select committee is learnt to have recommended that its chief be appointed by a collegium comprising of the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India.
It also recommended that CBI should have a separate Directorate of Prosecution under a Director who should function under the agency chief. It said the Director of Prosecution should be appointed by the CVC.
CBI officers investigating cases referred by Lokpal will only be transferred by the approval of the anti-corruption watchdog. The Committee said the power of superintendence and direction of CBI in relation to Lokpal referred cases must vest in Lokpal.