Comparison table jan lokpal bill govt lokpal bill and ncpri drafts
1. Comparison between Jan Lokpal Bill, the Government Lokpal Bill and the NCPRI Formulation
Subject Government Lokpal Jan Lokpal Bill NCPRI Draft National Anti Corruption
Bill (as introduced in (version 2.3- as Lokpal Bill ( as on 20th August 2011)
Lok Sabha on 4th available on *Refer to Note 1
August 2011) IAC website)
Jurisdiction PM only after he/she PM PM with safeguards (detailed below)
demits office Ministers Ministers
Ministers Elected Elected Representatives
Elected Representatives Representatives Group A Officers of the Central
Group A Officers of the All public Government and above.
Central Government servants
and above, Judges of the All officers other than Group A officers- to
Office bearers of all higher judiciary be covered by Kendriya Satarkta Lokpal
non- profit (Central Vigilance Commission) by
organizations strengthening the Central Vigilance
(registered/unregistered Commission Act.
) receiving funds from *Refer to Note 2
the public.
Judges of the higher judiciary- to be
covered under Nyayapalika Lokpal
(Judicial Accountability Commission)by
strengthening the Judicial Accountability
and Standards Bill
*Refer to Note 3
Setting up of Not included The Bill The Bill envisages the set up State Anti
Lokayuktas at envisages the set Corruption Lokayutkas, with similar
the State up Lokayutkas, powers and functions as the Lokpal, in
Level with similar each of the states
powers and
functions as the
Lokpal, in each
of the states
Inclusion of Prime Minister under Prime Minister Inclusion of the Prime Minister subject to
Prime the ambit of the Lokpal (blanket the following safeguards:
Minister only after he/she demits inclusion)
office Provided that no investigation would be
launched against the Prime Minister unless
a reference has been made by a full bench
of the Lokpal to the Chief Justice of India
and that the Chief Justice of India has
constituted a full bench of the Supreme
Court which has examined the complaint
and the relevant grounds and evidence and
come to the conclusion that such an
investigation is warranted;
Provided further that complaints regarding
actions done by others where the Prime
2. Minister is not directly involved but can be
held responsible as the head of the
government or cabinet would not be
entertained (no vicarious liability).
provided that where the Prime Minister is
of the opinion that some information that is
asked for by the Lokpal as a part of an
investigation is such that its disclosure
might compromise national security or
other critical national interests, the prime
Minster would in confidence brief the CJI,
whose decision on whether the information
should be disclosed to the Lokpal, and if
so, under what conditions, would be final.
Inclusion of No mention Included in the Not included in the National Anti-
Public bill Corruption Lokpal.
Grievances
Grievance redress under a separate
legislation- Shikayat Nivaran Lokpal
(Grievance Redress Commission).
*Refer to note 4
Inclusion of All staff, employees and Not included Not included
office bearers office bearers of any
of non society or association of
Governmental persons or trust
associations (whether registered
under any law for the
time being in force or
not) wholly or partly
financed by the
Government or in
receipt of any sums
under the Foreign
Contribution
(Regulation) Act, 1976
or any donation from
the public declared as
public servants under
the Act, and thus fall
under the ambit of the
Bill
Inclusion of No mention Whistleblower Not included in the National Anti-
provisions for protection to be Corruption Lokpal.
whistleblower accorded by the
protection Lokpal- by Whistleblower protection to be covered
recommending under a separate legislation- Lokrakshak
changes in work Kanoon (Whistleblower Protection Law)
3. practices of by strengthening the Public Interest
public Disclosure and Protection to Persons
authorities, Making the Disclosure Bill, 2010.
investigation of *Refer to Note 5
complaints by
whistleblowers
and provide
protection
Definition of Definition a complaint Definition a complaint” means a complaint alleging
complaint/ means a complaint complaint that a public servant has committed an
what alleging that a public means a offence punishable under Chapter IX of
constitutes a servant has committed complaint the Indian Penal Code or under the
complaint an offence punishable alleging that a Prevention of Corruption Act, 1988,
under the Prevention of public servant Prevention of Money laundering Act, and
Corruption Act, 1988; has indulged in any other law or legal instrument that the
an act of Government of India may, from time to
corruption time notify
punishable
under Chapter
IX of the Indian
Penal Code or
under the
Prevention of
Corruption Act,
1988; which
would also
include any
offence
committed by an
elected member
of a house of
legislature even
in respect of his
speech or vote
inside the house.
Selection The Selection The Selection The Selection Committee comprises of:
Committee Committee comprises Committee The Prime Minister
of: comprises of: The Leader of Opposition in the House of
The Prime Minister The Prime the People
Speaker of the House of Minister One sitting Judge of the Supreme Court to
the People Leader of be nominated by the Chief Justice
Leader of Opposition of Opposition in of India
both houses the Lok Sabha
Union Cabinet Minister Two judges of Setting up of the Search Committee
to be appointed by the the Supreme mandatory
PM Court
Sitting judge of the SC, Two permanent
nominated by the Chief Chief Justices
Justice of India (CJI) of the High
Sitting Chief Justice of Court
a High Court, Chief Election
4. nominated by the CJI Commissioner
eminent jurist (CEC)
nominated by the The Comptroller
Central Government and Auditor
person of eminence in general
public life (C&AG)
All previous
Setting up of the Search Chairpersons of
Committee optional the Lokpal
Setting up of the
Search
Committee
mandatory
Removal of a The Chairperson or any The Chairperson The Chairperson or any other Member
member of other Member shall be or any other shall be removed from his office by order
the Lokpal removed from his office member of the of the President on grounds of
by order of the Lokpal shall misbehaviour after the Supreme Court, on
President on grounds of only be removed a complaint being made to it, has, on
misbehaviour after the from his office inquiry held in accordance with the
Supreme Court, on a by the President, procedure prescribed in that behalf,
reference being made to on the reported that the Chairperson or such other
it by the President, has, recommendation Member, as the case may be, ought on any
on the basis of an of the Supreme such ground to be removed.
inquiry held, reported Court after the
that the Chairperson or Supreme Court,
such other Member on the complaint
ought to be removed. of any person,
held an inquiry
and found that
he could on
such ground be
removed :
Investigation The Lokpal will have The Lokpal will The Lokpal will have separate
and separate Investigation have separate investigation and prosecution wings
Prosecution and Prosecution Wings investigation
Wings and prosecution
wings
Complaints to Any complaint against In each State, Any complaint against the Chairperson or
be made the Chairperson or one or more Member shall be made by an application
against the Member shall be made complaints by the party aggrieved, to the Chief justice
members of by an application by the authority would of India.
the Lokpal party aggrieved, to the be established
President. by the Lokpal to
entertain any
complaints
against any
officer or staff
of the Lokpal.