M A I N   N E W S

Select panel report on Lokpal tabled in RS
Tribune News Service

New Delhi, November 23
The Select Committee of the Rajya Sabha on the Lokpal and Lokayuktas Bill has recommended that the states must have Lokayuktas within one year from the date of the notification of the Central legislation but that they should have the freedom to determine the nature and type of the institution of the anti-corruption ombudsman depending upon their requirements.

The report of the high-powered panel was presented in the House today by Shantaram Naik, one of its members, amid pandemonium over a variety of issues.

The Bill, which has sharply divided political parties, was passed by the Lok Sabha during the winter session last year but failed to get approval of the Upper House, primarily because of one of its provisions which makes it mandatory for the states to set up Lokayutas.

The Department of Personnel and Training, which piloted the legislation, will now have to approach the Union Cabinet with the recommendations made by the committee for approval. A fresh Bill will then be introduced in the Rajya Sabha. Once it is approved by the Upper House, it will be sent to the Lok Sabha for approval in the amended form.

Regarding the creation of the institution of Lokayukta, the panel said every state should mandatorily have a Lokayukta within a period of one year from the date of the notification of the present Bill. “The Lokpal Bill may be sent to all states as a model through executive instruction but states should have absolute freedom in determining the nature and type of Lokayukta, depending upon their needs/requirements,” it added.

This is seen as a major concession to the BJP and regional parties which had objected to a provision in the Lokpal draft Bill that provided for the appointment of a Lokayukta in every state under the Central law, terming it as an attack on the country’s federal structure.

Regarding the CBI, it suggested that the investigating agency should have a separate Director of Prosecution to be appointed on the recommendation of the CVC. The CBI Director should, however, remain the head of the organisation. Both the CBI Director and the Director of Prosecution should have a fixed term of two years. The Lokpal should have the power of superintendence over and direction to the CBI in the Lokpal-related cases.

The committee did not agree with the provision of the Bill that the selection committee for the appointment of the Chairman and members of the Lokpal could include an eminent person nominated by the President. It was of the view that this would make the panel heavily tilted in favour of the government.

Director of Prosecution
The panel suggested that the investigating agency should have a Director of Prosecution to be appointed on the recommendation of the CVC. The CBI Director should, however, remain the head of the organisation. The Lokpal should have the power of superintendence over and direction to the CBI in the Lokpal-related cases.