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Tuesday, December 20, 2011

Cabinet approves Lokpal Bill (but disapproved many of Anna's demand)

The Lokpal Bill draft has been cleared by the Union Cabinet on Tuesday. The government has decided that the CBI will not be under the Lokpal .The cabinet met in the parliament house complex under the chairmanship of Prime Minister Manmohan Singh

  • The government has decided that the CBI will not be under the Lokpal's control  and also decided not to hive off the Directorate of Prosecution from the investigative agency.

  1. The Lokpal, with Constitutional status, will, however, have superintendence over the cases referred to CBI
  2. Lokpal will also have the powers to carry out preliminary inquiry to be headed by a Director of Inquiry and will have a prosecution wing under a Director.  The Inquiry Wing will be headed by a Director for preliminary inquiry. The Lokpal can also ask the CBI to conduct the preliminary inquiry, which should be completed within 180 days.  Ideally, the preliminary inquiry should be completed within 90 days and extension if necessary should be sought in writing. 
  3. Sources also say that the Prime Minister, Leader of Opposition, CJI will choose the CBI chief. The Lokpal will have no say in the matter.
  4. Appointment of SPs and above in CBI will be done by a committee consiting of CVC, Vigilance Commissioners, Home Secretary and Secretary, DoPT. 
  5. Lokpal cannot initiate any inquiry suo motu and a complaint will be required. 

  • Prime Minister will be under the purview of the Lokpal with certain safeguards that will keep out aspects like international relations, public order, atomic energy, space, internal and external security from the inquiry.  Probe on any complaint against the Prime Minister will be decided by the full bench, of which at least three-fourth should agree. 
  • According to sources, the government has proposed in the draft that the the Lokpal selection committee will comprise of the Prime Minister, Lok Sabha Speaker, Leader of Opposition in Lok Sabha, Chief Justice of India and a government-nominated jurist.But Anna is against more political volume in the selection committee
  • According to the proposal, Lokpal will be an eight-member body and former CJI or SC judge or an eminent person will be Lokpal Chairman.  
  • The government has now proposed 50% reservation for SC/ST, OBCs, Minorities and Women in the Lokpal bench and in the search committee. 

Sources said that the bill will be tabled in the Parliament as early as on December 22.
    Anti-corruption crusader Anna Hazare was quick to hit back. He rejected the Citizens' Charter bill and his team had demanded this should be part of the Lokpal Bill.
    Anna on Tuesday rejected government's Lokpal draft and Citizen's Charters' Bill, saying he will go on fast, hold a 'Jail Bharo Andolan' and campaign against the government in the five election-bound states.
    Expressing disappointment with the new draft Lokpal Bill to be tabled in Parliament, Anna said he would fast for three days from December 27, followed by a three-day 'jail bharo' agitation.
    "I will fast on December 27, 28 and 29. This will be followed by a three-day jail bharo from December 30. After this, I will go to five states (where Assembly polls are due) and campaign against the (Congress-led) government," Anna said.

    Editor's View: Well government is not arming lokpal with much powers, and without these powers lokpal will be merely a report filing institute. 
    My question is why government is showing so resistance in giving lokpal powers and is making selection committee of lokpal full of political dominance?

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