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‘Lokpal Bill fails independence test' by Gargi Parsai


The National Campaign for People's Right to Information (NCPRI) on Tuesday questioned the “appropriateness” of the Lokpal and Lokayukta Bill, 2011, in respect of the proposed watchdog's independence, empowerment, jurisdiction and accountability.

“The appropriateness of the Bill could well be determined by asking questions such as whether … [the proposed Lokpal] is adequately independent of the government, whether it is adequately empowered to detect, investigate and prosecute cases of corruption, had adequate jurisdiction so that no category of public servant is exempt from effective scrutiny and is accountable to the people of the country,” the Aruna Roy-led NCPRI said in a statement.

“While welcoming the Bill, as introduced in Parliament, and appreciating many of its progressive sections, the NCPRI believes that the Bill in its present form does not pass the above mentioned test.”Observing that the committee proposed for selection of the Lokpal and the Lokayukta was “biased” in favour of the ruling party, the NCPRI said: “The selection committee should not have a preponderance of government nominees.”

It also questioned the provision for removal of Lokpal and Lokayukta members, saying the governments would decide whether a member should be suspended, even as a complaint was pending in court. “Such a practice would leave members at the mercy of government.”

The Bill provided for investigation of cases against Central government employees by the Central Bureau of Investigation, which would “not be independent” of the government. “Therefore, all appointments, transfers and removal of Groups ‘A' and ‘B' staff of the CBI should be done with the concurrence of the Lokpal, and the chairperson or the member concerned of the Lokpal should be the accepting authority for the annual confidential reports of all officers who have been directly or indirectly involved in any case under the Lokpal.”

The NCPRI suggested that the Lokayuktas be given their own investigative machinery by putting the investigative wing of the State police under its administrative and functional control.

It welcomed the “tight timeline” of two years for completing any trial, but wanted an assurance that the benefit of delay would not go to the accused.

Without involving the government, the complaints against the Lokpal or the Lokayukta should be received directly by either the Supreme Court or the High Court, the NCPRI said.