Parliamentary Update for Lokpal

Rajya Sabha selected Parliamentary committee on Monday (November 19,2012)  adopted draft report on the Lokpal Bill.

Main Points of report/changes that may come in bill

• On strong resistance from opposition and allies( BJP,  CPM  and Trinamool ) committee has suggested delinking creation of Lokayuktas(state version of lokpal) from the Lokpal Bill.They however said  the state governments will have to set up their own ombudsman through enactment of law by the state legislatures within one year of commencement of this law.|This decision wrong as it will make Lokayukta different in every state as well as will make it vulnerable to become a state based weak bill leading to difficult usage of bill in multi-state corruption cases|(see report in this federal structure issue)
• The Select Committee is learnt to have not recommend any changes in the original controversial  provision relating to “reservation”.
  The original provision said ‘not less than 50 per cent of the members of Lokpal would be from SC, ST, OBC, minorities and women.Sushma Swaraj(BJP)  opposed this provision as this is against the constructional fact that reservation can't be given on basis of religion (on basis of minorities) 

• The Committee’s report defending itself on reservation policy said that “these provisions merely aim at providing representation to the diverse sections of the society in the institution of Lokpal...”and only indicates “the quantum of representation and not reservation”.
• According to TV reports, the panel has sought that the Prime Minister be brought under the purview of Lokpal barring departments like Intelligence, Atomic Energy which are RTI exempted.

CBI-LOKPAL relation

• 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, Leader of 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.And also  that  recommended   CBI chief and the head of prosecution should have a fixed tenure.
• It said for cases referred by Lokpal, CBI may appoint a panel of advocates, “other than government advocates”, with the consent of the ombudsman.
• CBI officers investigating cases referred by Lokpal will only be transferrede by the aproval of the anti-corruption watchdog.
• The Committee said the poweer of superintendence and direction of CBI in relation to Lokpal referred cases must vest in Lokpal.
• On the issue of suspension of Chairman or member of Lokpal, government was of the view that since President is the appointing authority, he should have the power to remove.
• The panel also recommended that NGOs getting direct support in form of funds from the government be only covered by Lokpal or the proposed institution will be flooded by complaints

Source:http://www.thehindu.com/news/national/panel-for-delinking-lokayuktas-from-lokpal/article4111928.ece
http://timesofindia.indiatimes.com/india/Bring-Prime-Minister-under-Lokpal-House-panel-recommends/articleshow/17279083.cms
http://janlokpalbillcenter.blogspot.in/2011/12/lokpal-bill-passed-in-lok-sabha.html
http://janlokpalbillcenter.blogspot.in/2012/02/federal-structure-issue-shadowed.html

Parliamentary Update: Lokpal Bill likely to come up in Rajya Sabha by 21 or 22 May

Lokpal Bill is likely to be taken up by Rajya Sabha either on Monday(21 may) or Tuesday (22 May) .
But Bill would be debated and discussed in its in amended form which includes deletion of the controversial provision for Lokayukta(state level Lokpal) creation and bringing more transparency in appointment of CBI chief. |Its bad to delete Lokayukta provision, because than states will be free to make an unregulated Lokayukta and such unregulated Lokayuktas which will be uneven and unequal in different states will weak down the overall structure of Lokpal. Moreover, there is no guarantee that states will always create a strong lokpal, e.g himachal prades Govt and Bihar Govt have created very weak Lokayuktas  and hence we would have to fight for a strong Lokpal in every state seperately!|(also see Toothles condituon of Present Lokayuktas created by states) 

• The government and the opposition have agreed the Lokayukta clause should be dropped from the Bill and a separate model law can be passed which can serve as a guideline for the state to form their own anti-graft law.

• The amended bill was widely speculated to be considered by the Cabinet today(may 17) but it did not happen with the sources saying it could be given post-facto approval after passage in the Rajya Sabha. 
• As far as bringing NGOs within the ambit of Lokpal is concerned, the government may agree to the opposition's suggestion that only government-funded NGOs be under the ombudsman's purview. 
• Once the Bill is passed by the Rajya Sabha with amendments, it will have to be sent back to the Lok Sabha for re-examination and approval because this is a different version than the one cleared earlier. 

Source:http://economictimes.indiatimes.com/news/politics/nation/lokpal-bill-likely-to-come-up-in-rajya-sabha-by-tuesday/articleshow/13228419.cms