Lokpal Bill: Reading the fine print

The murmur in political circle is getting louderthe Lokpal and Lokayuktas Bill 2011 is a gun-point legislation drafted on Team Anna-dictated deadlines, built on threats of a hunger strike and agitations. Many politicians, even within the UPA, think it is a hasty decision to delegate excessive powers to a body which would turn into a super-cop accountable to none. Many questions have arisen in diverse minds. Who will the Lokpal be accountable to? Will it reduce Parliament, the supreme body to which the PM, ministers and MPs are accountable, to a mere debating and lawmaking centre? Will the body render redundant many authorities under the Prevention of Corruption Act? Will the fear of Lokpal scrutiny hang like a Damocles sword over public servants, MPs and MLAs, deterring them from taking decisions in public interest? Will it erase discretionary powers, though much misused, but originally meant to provide succour to the needy? Dhananjay Mahapatra went through the provisions of the legislation and found several interesting provisions that would deeply impact governance as well as activities which were so far termed as private activities. We are highlighting the provisions of the Lokpal And Lokayukta Bill, 2011, to inform and invite comments from all, especially those who have an expertise in the spheres of law, social service, public administration and those engaged in the crusade against corruption. 1 Lokpal cannot probe PMs decisions on international relations, external and internal security, public order (which has an overarching definition and almost every action of the PM could be brought under these categories), atomic energy and space. No such exception is made for the CMs. This means, every decision of a CM, even if it is related to public order, would come under Lokayukta scrutiny 2 Lokpal wont probe complaints against MPs and MLAs for anything said and or any vote given by them in Parliament or Assembly because of constitutional immunity. This means Lokpal wont inquire into cases like the JMM MPs bribery scam, cashfor-query scam and cash-forvote scam 3 Lokpal, while conducting investigations or on filing of charge sheet against public servants in corruption cases, can order suspension or transfer during pendency of probe. But can only send the report to the Lok Sabha in case of PM, to PM in case of ministers and to the Lok Sabha Speaker or Rajya Sabha chairman in case of MPs. These authorities will decide action to be taken within 90 days 4 All well-off nongovernmental organisations, associations (trade unions included), societies and trusts would come under ambit of Lokpal. Office bearers would be deemed public servants and their corrupt acts would invite punishment under Prevention of Corruption Act. Even negligence of office bearers could land them on the wrong side of the proposed law. India Against Corruption, which receives massive donations, would be the first to qualify to be

included under the Lokpal and Lokayukta Bill 5 The Bill proposes an independent inquiry and prosecution wing under Lokpal. But, heads of these wings would be selected by Lokpal from two separate name panels suggested by the Centre 6 Lokpal cannot proceed against central service officers working under state governments without the latters consent 7 Corruption complaints against all categories of government servants to be forwarded to CVC, who will inquire into them. Only with regard to Group A and B officers, CVC would give his report to Lokpal. For C and D categories, CVC would proceed on its own 8 All categories of government servants to declare their and family assets, including those held by dependent children, by July 31 every year and departments concerned would post them on websites by August 31. Non-declaration of any asset would lead to a presumption that it was acquired through corrupt means 9 Lokpal can attach and confiscate property believed to have been acquired through corrupt means during pendency of inquiry or trial in corruption cases against public servants 10 Trial of all cases, in which Lokpal has filed charge sheet against a corrupt person, should be completed by special court within one year. It is extendable by periods of three months each with recording of reasons for noncompletion of trial in time. But under no circumstance can the trial exceed two years. This means a maximum of four extensions of three months each 11 Lokpal can supervise probe by any agency, including CBI, into corruption complaints referred by it, but cannot dictate the mode and manner of investigation 12 False complaints could attract a prison term up to one year and a maximum fine of Rs 1 lakh. Those who make false complaints would bear litigation costs of person against whom the complaint was made 13 For deficiencies in public services resulting from corruption Lokpal will be final appellate authority 14 Only high court and Supreme Court can hear appeals against Lokpals decisions