Bill introduced in Lok Sabha; body with wide-ranging powers will have a chairperson and eight members.
The Lok Pal Bill, introduced in the Lok Sabha on Thursday, seeks to establish the institution of the anti-corruption watchdog by inquiring into allegations of corruption against the prime minister but only after he demits office.
The body will have a chairperson and eight members, of whom half would be from the judiciary. The chairperson and members will have a term not exceeding five years from the date of entering office or until they attain the age of 70 years.
The chairperson and members would be appointed by the President after obtaining recommendations of a selection committee consisting of the Prime Minster as chairman.
Members of the selection committee would include the Lok Sabha Speaker, Leaders of Opposition in both Houses, a Union Cabinet minister to be nominated by the prime minister, one sitting judge of the Supreme Court nominated by the Chief Justice of India, one sitting Chief Justice of a high court nominated by Chief Justice of India, one eminent jurist nominated by the central government and one person of eminence in public life.
The salary, allowances and other conditions of service of the chairperson would be the same as that of the Chief Justice of India. The members’ salary and benefits would be similar to that of a Supreme Court judge.
The anti-corruption watchdog will have its own investigation and prosecution wings. The list of public functionaries against whom allegations of corruption could be inquired by the Lok Pal begins with a Prime Minister, after he has demitted office, and includes Union ministers, MPs and any ‘Group A’ officer and others equivalent to this grade in any body, board, authority, corporation, trust, society or autonomous body set up by an Act of Parliament.
The Act will provide for a mechanism to ensure no sanction or approval under Section 197 of the Code of Criminal Procedure, 1973, or Section 19 of the Prevention of Corruption Act, 1988, will be required in cases where prosecution would be proposed by the Lok Pal.
It will confer on the Lok Pal the power of search and seizures and certain powers of a civil court. The Lok Pal or any investigating officer authorised by it would be able to attach property which, prima facie, had been acquired by corrupt means.
The legislation also confers police power upon the Lok Pal in connection with investigation.
The expenses would be charged on the Consolidated Fund of India and it would be allowed to utilise the services of officers of central or state governments for conducting inquiry.
The Lok Pal will have powers to recommend transfer or suspension of public servants facing corruption charges. The body would be able to constitute a sufficient number of special courts to hear and decide the cases arising out of the Prevention of Corruption Act, 1988.
It will also have the powers to make every public servant declare his assets and liabilities. In case of default or furnishing of misleading information, it would be able to presume that the public servant had acquired such assets by corrupt means.
The legislation also provides for prosecution of people who make false, frivolous or vexatious complaints.
A penalty ranging from Rs 25,000 to Rs 2 lakh is also proposed on people found guilty of making false complaints.
The Lok Pal will not be able to look into complaints against any of its members or the chairman. Such complaints would be referred to the Chief Justice of India by the President.
