The Cabinet is likely to discuss the Rajya Sabha select committee’s amendments to the Lok Pal and Lok Ayukta Bills, 2011, on Thursday, according to sources. The committee was constituted after the draft Bill failed to muster support in the upper house of Parliament.
The select committee report had recommended delinking of creation of Lok Ayuktas in states from the central Lok Pal Bill. The committee also recommended bringing the Prime Minister under the ambit of the anti-graft law albeit with safeguards on issues of atomic energy, internal security, defence and international affairs. This assumes significance in the light of United Progressive Alliance (UPA) chairperson Sonia Gandhi’s writing to anti-graft crusader Anna Hazare recently that the Lok Pal Bill would be passed in the Budget session of Parliament.
The inclusion of the PM under in Lok Pal was not initially favoured by the Congress members. The government had earlier proposed that any decision of Lok Pal to initiate preliminary inquiry or investigation against the PM would need the support of three-fourth of all of Members of Parliament (MPs), but this has now been reduced to a two-third majority. It has also been provided that such proceedings shall be held in-camera.
In face of opposition from most members, the select committee has delinked the setting up of the Lok Pal from the Lok Ayukta and state governments would be able to use the Lok Pal Bill as a model Bill to form Lok Ayukta in states.
The Lok Pal's jurisdiction will cover all categories of public servants including Group A, B, C and ‘D’ officers and employees of the government.
The select committee has agreed to keep the Central Bureau of Investigation (CBI) out of the ambit of Lok Pal. However, corruption-related cases referred to the CBI by the Lok Pal will have the latter superintending over them. The select committee has stated that the CBI director will be appointed by a collegium comprising of the PM, Leader of Opposition in Lok Sabha and Chief Justice of India.
Notably, the select committee has recommended the setting up of a Directorate of Prosecution with its director appointed by the chief vigilance commissioner. The Parliamentary committee has further recommended fixed terms of two years for both the CBI director and the director of prosecution.