Lokpal might be discussed in Budget Session(Cycle repeats!)

According to the sources key legislations like strengthening of anti-rape laws, Land Acquisition Bill and Lokpal Bill which are likely to be passed in Budged session might get delayed again!
with some Opposition parties objecting to the present form of the proposed measures.|Oh FOR GOD'S SAKE, they are already DEEEEEEEEEEEEELAYED..|
There are  differences on the Lokpal Bill despite the measure going through a standing committee and a select committee with some political parties opposing it today and wanted it to go through some more scrutiny.(click here to see amended version clear by Cabinet)

According to Nath, an MP for over 30 years Women's Reservation bill and Lokpal bill might be passed during the tenure of the 15th Lok Sabha. 

An interesting point to be noted is that even if the Lokpal Bill is passed in Rajya Sabha, it will have to go to lok Sabha again for confirmation as the version to be cleared is an amended one!

Source:http://www.indianexpress.com/news/antirape-laws-to-lokpal-parl-session-to-be-stormy/1076537/1

Lokpal to come up in Budget session of Parliament: Narayanasamy

The government has agreed on most of the recommendations of a Parliamentary select committee on Lokpal Bill(click here to see agreements and disagreements) and the legislation is likely to come up in the Budget session of Parliament, union minister V Narayanasamy said.

The minister of state in the PMO said that the amended bill will first be approved in the union Cabinet following which it will be brought in Parliament.

When asked to elaborate on the points on which the Government has disagreed with, the minister said they were "minor ones".

The bill, along with the select committee's recommendations, will have to be considered by the Union Cabinet. Once the Bill is passed in the Rajya Sabha, it will travel back to Lok Sabha for approval of the amended version. 

Source:http://articles.timesofindia.indiatimes.com/2013-01-04/india/36148286_1_budget-session-v-narayanasamy-lokpal-bill

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 Progress:Lokpal became more weak

Parliamentary Progress(that media is ignoring)
Lokpal Bill discussed in Rajya Sabha is getting weaker and weaker. The essential powers and authorities that it need to be an ideal anti-corruption bill are being taken away from it.(See weakness of Govt's Lokpal)

• On October 26(2012), the law ministry at the Parliamentary Panel (created by Rajya Sabha for lokpal discussions) meet  advocated that officials in the prime ministers offices(PMO) should be kept out of the purview of the lokpal on matters related to national security — both internal and external.Some of the Members of the parliamentary panel seemed to have supported(/agreed) this suggestion by law ministry
• The panel members also agreed with a suggestion that people who handle sensitive subjects should enjoy immunity.
• The ministry has also cautioned(/contradicted) against the amendment moved by minister of state V Narayanasamy in the Rajya Sabha on May 22 that maximum flexibility be provided to states for setting up Lokayuktas.

Clarifying its stand, the ministry said, “All protection will be given to officials who were dealing with issues pertaining to national security, nuclear energy but the secretariat will be open for probe.”


However, AIADMK MP V Maitreyan clarified that the 
immunity would be related only to security issues, and not extend to other areas for the same officials who hold other charges as well. 
| Editor's View
:frankly its not the immunity , its their freedom to do scams or to dark out the same in the national security. Security of nation is a delicate matter but it doesn't means that this area is corruption free and don't need to be investigated by anti-corruption body. Revelations by Gen. V.K Singh have already verified the existence of corruption in the area of national security  |

Source:http://www.dnaindia.com/india/report_lokpal-loses-teeth-pmo-officials-out-of-its-reach_1756253
http://dailypioneer.com/nation/104247-in-short.html

Parliamentary Progress:conflicts and agreements

Panel meet that held on Tuesday(Oct 9) and Wednesday(Oct 10) was unable to made following progress .

Issues of conflict

•  Many of the  parties like  BJP,  CPM  and Trinamool  are opposing  Chapter 3 from lokpal which is imposing Center's Lokayukta bill on states saying that Lokayukta bill prepared by states will go in vein if  center's  Lokayukta bill is imposed on them. |But this opposition has almost shadowed various poor facts about State Lokayuktas Bills  (SEE here toothless condition of present lokayukta made by states )|
  
•  The sources also confirmed that there were differences between the ruling and Opposition MPs on the committee that would select the lokpal.
  
  Government's Bill has a five-member collegium consisting of the prime minister, the Speaker, the Opposition leader, the chief justice, or a Supreme Court judge nominated by Chief Justice, and an eminent jurist nominated by the President.
   "Some members felt there was too much reliance on the judiciary in the matter of selecting the lokpal and lokayukta, with eminent jurists outnumbering other sections of public life," the member said.

Points of Agreement 

• Two clauses that deals with the procedure for the removal of the lokpal were agreed upon. "Both government and Opposition agreed that clause one and three of the bill should be deleted wherein any citizen could petition the President for removal of the lokpal.
  Instead, the procedure for the removal would be the same as that of an impeachment of a judge. That is, 100 members of Parliament have to petition the President for removal," the source said.
  

Source:http://economictimes.indiatimes.com/news/politics/nation/lokayukta-dispute-stalls-lokpal-progress-select-panel-fails-to-resolve-issues/articleshow/16761642.cms

Lokpal Bill tabled in Rajya Sabha, no consensus yet

Basic Three

1. The Lokpal bill was taken up for discussion in the Rajya  Today(  May 21 2012) two days before the budget session ends. 
2. Bill was referred to a parliamentary panel or Rajya Sabha panel for consideration as parties have failed to come to a consensus on the Bill's provisions.
3. Last night, the government had circulated a notice of amendment to the Bill, especially on the Lokayukta provision, leading to speculation that the measure could be brought for consideration and passage.(see side effects of this amendment ) 

Soon after the Bill was tabled, the Samajwadi Party moved a motion for referring it to the select committee. The BJP, however, objected to it.So The government later moved motion to refer the Bill to the select panel. Those who refereed bill to parliamentary pane commented that Bill should be referred because of lack of consensus over major issues like lokpal's dominance over the CBI etc.

Editor's View: We want to ask two things

1. Why the Bill is always discussed in the last days of a particular session? Last time  in winter season of parliament bill was discussed just three or two days before season's deadline. Similarly now too in budged season the bill is tabled just two days before it ends!
2. Why there is never a consensus over some issues which makes lokpal bill powerful?
   consensus will occur both Government, its allies and opposition will not hurdle the procedure. Hence, lack of consensus reveals that political class weather Govt or opposition don't want to pass this bill! 

The Bill was already sent to parliamentary panel and now again the same drama is being played, this will do nothing but delay the passage of bill to infinity! (also see Politicians are fooling Public over lokpal matter)

Source:http://www.hindustantimes.com/India-news/NewDelhi/Lokpal-Bill-tabled-in-Rajya-Sabha-no-consensus-yet/Article1-859162.aspx

http://www.indianexpress.com/news/no-consensus-lokpal-bill-referred-to-rajya-sabha-panel/952008/

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

Govt approves amendments to Lokpal Bill passed by Lok Sabha

 Amendments to the Lokpal bill were recommended when it was passed in the Lok Sabha in December last year. These amendments received approval by government.

Earlier Amendments 
While being passed in the Lok Sabha, government had already agreed to some amendments.Like
when bill was earlier introduced in Lok Sabha then the bill provided that  an inquiry against the PM has to be approved by a three-fourths majority of the full bench of the Lokpal. However this ratio was amended to  two-thirds majority of the full bench of the Lokpal while being passed in the Lok Sabha


Recently Ammended

• One amendment was that once passed, the Bill will be applicable to states if they give consent to its application. 
• Changes also include keeping personnel of the armed forces out of the purview of the anti-corruption watchdog and increasing the exemption time of former MPs from five to seven years.The bill in its amended form is likely to be taken up by the Rajya Sabha when Parliament session resumes in the second half of the budget session from April 24.

Source: http://www.hindustantimes.com/India-news/NewDelhi/Govt-approves-amendments-to-Lokpal-Bill-passed-by-Lok-Sabha/Article1-839635.aspx

Lokpal to be tabled in parliament in budget seasion

 Discussions on lokpal bill are likey to occur in parliament (Rajay Sabha) on Tuesday (13 Mar, 2012)
Bjp is demanding for this discussion . However, Government plans to take up DISCUSSION in the second part of the Budget Session beginning April 24.So there is a contradiction of schedule between BJp and Congress on this matter.Discussion on the Motion of Thanks to the President for her address to Parliament is on the agenda for tomorrow. 

Opposite stands

•  Parliamentary Affairs Minister Pawan Kumar Bansal said that the priority for the government was to get the Vote on Account passed by March 30 and Bills like the Lokpal Bill will be taken up in the second part.

• Close on the heels of Bansal's statement, Leader of the Opposition in the Rajya Sabha Arun Jaitley said he would move a motion for suspension of Question Hour in the Upper House tomorrow for discussion on Lokpal Bill.
• Soon after the BJP's threat to take up the Lokpal issue, Congress President Sonia Gandhi held consultations with her senior colleagues.

• The minister said that nearly 200 amendments to Bill moved in the Upper House in the previous session had lapsed after it was prorogued and members have started giving amendments afresh.
  

 
As many as 39 Bills including the Lokpal and Lokayuktas Bill, Whitleblowers Protection Bill, the Educational Tribunals Bill, The Copyright (Amendment) Bill, Pension Fund Regulatory and Development Authority Bill, Nuclear Safety Regulatory Authority Bill are listed by the government for consideration and passing during the Budget Session.

Source: http://www.dnaindia.com/india/report_lokpal-bill-confrontation-likely-in-parliament-on-tuesday_1661529
http://www.thehindu.com/news/national/article2987982.ece?homepage=true

Lokpal's approval before filing chargesheet or closure report: CBI unhappy

The CBI has expressed displeasure over a proposal to make approval of the Lokpal mandatory before filing chargesheet or closure report. The premier investigation agency claims that the move will “severally impair” the effectiveness of anti-corruption efforts.

“We heard they are going to make mandatory approval of the Lokpal before filing chargesheet or closure report by the CBI on conclusion of investigation by making amendments to Section 173 of Cr PC. This goes against the stated objectives of making the investigation agency autonomous, not answerable or liable to be monitored by either the administrative ministry or the Lokpal and protect the integrity of investigation,” a CBI official said.

“This is also against the established jurisprudence on the subject, which provides the powers for taking final decision after conclusion of investigation to the investigating agency and even the courts do not interfere with the process of investigation,” the official added.

• The agency is also against the proposal to make preliminary enquiry (PE), except in trap cases, by Lokpal mandatory before giving cases to the CBI.
• The CBI claims that currently it gathers information and plans and executes a search operation to collect evidence. But if a preliminary enquiry by Lokpal is made compulsory, the CBI will lose the “surprise element” to carry out such operations.
• Officials added that now a PE is conducted only when available information or complaint about serious misconduct on the part of a public servant is not adequate to justify registration of a regular case. “The new provision is bound to delay commencement of investigation process. Experience shows that there are a large number of cases in which the element of criminality is known right from the beginning. Holding PE would add no value but rather help the accused by compromising witnesses and help in destroying evidence,” a senior official said.
• The CBI maintains that at present, the power of taking final decision after investigation is decentralized in the agency. Officers from the rank of SP to Director, CBI, take decisions based on the rank of the suspect public servants. “This would cause considerable delay in finalisation of the cases and commencement of trial in anti-corruption cases,” the official added.

Editor's View: CBI must act as an extended arm of LOkpal and that's why Lokpal approval's before filing chargesheet or closure report is necessary because CBI may file some charge sheet or closure report under some undue political pressure so LOkpal's supervision is necessary. However Other points by CBI are considerable.
http://www.dnaindia.com/india/report_lokpal-approval-cbi-sees-red_1622800