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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
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)
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
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.

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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.