Lokpal Bill: Law Ministry against power to file charge sheet without sanction
12 years, 7 months ago

Lokpal Bill: Law Ministry against power to file charge sheet without sanction

India TV News  

New Delhi, Aug 12: Maintaining that it was against the “principle of protection”, the Law Ministry has opposed a provision in the Lokpal Bill which gives the ombudsman power to file charge sheet against a public servant without the prior sanction of competent authority. “.the proposal to do away with the requirement of previous sanction.where prosecution is proposed by Lokpal, would be against the principle of protection needed for the public servants,” the Ministry has told Rajya Sabha's Select Committee scrutinising the Bill.The Constitutional protection available to civil servants under Articles 311 and 320, clause 3© of the Constitution would also be adversely affected by the provisions of the proposed law, the Ministry said.According to Chapter VII, clause 23 of the Lokpal Bill, “no sanction or approval of any authority shall be required by the Lokpal for conducting a preliminary inquiry or an investigation on the direction of the Lokpal.or for filing of any charge sheet or closure report on completion of investigation in respect thereof before the Special Court under this Act.”The Law Ministry has also favoured changing a provision in the Bill to provide safeguards for officials of the Prime Minister's Office so that they cannot be questioned by the anti-corruption watchdog on sensitive issues like national security and atomic energy.It told the panel that there was a need to change the draft of the Bill to protect PMO officials from being questioned on sensitive issues on which the Prime Minister himself is exempted.Asked whether the protection provided to the Prime Minister in the present bill on issues like national security, nuclear energy and public order covers his officials, the Ministry said “it applies to PM in person. The secretariat will be exposed for that thing.”When some panel members questioned that while the PM himself cannot be questioned on national security by the Lokpal, can his Principal Secretary be called to make disclosures, Ministry officials said that in such a scenario the provision needs modification.Ministry officials said the provision should be suitably changed and favoured a suggestion that the draft needs to be “cleaned up”.They also agreed with a suggestion that people who handle sensitive subjects should enjoy “immunity”.

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History of this topic

Don't wait for Parliament approval, set up Lokpal soon: SC to Centre
7 years, 11 months ago

Don't wait for Parliament approval, set up Lokpal soon: SC to Centre

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday asked the Centre to set up the ‘anti-corruption ombudsman’ Lokpal under the 2013 law without waiting for Parliament approval of the standing committee’s suggestion for amending the law to include leader of single largest party in the place of LoP to be part of the search committee. A bench of Justices Ranjan Gogoi …

Waiting for the Lokpal
7 years, 11 months ago

Waiting for the Lokpal

The Hindu  

In a hearing recently regarding non-operationalisation of the Lokpal and Lokayuktas Act, more than three years after the law was enacted, Attorney General Mukul Rohatgi reportedly argued in the Supreme Court that the court has no powers to direct the government on when and how the law should be enforced. In order to operationalise the law, the government had its …

Highlights of Delhi Jan Lokpal Bill [Read the Bill]
9 years, 3 months ago

Highlights of Delhi Jan Lokpal Bill [Read the Bill]

Live Law  

The Delhi Legislative Assembly has passed the Jan Lok Pal Bill last week and it got uploaded in the Delhi Legislative assembly web portal only yesterday. The Bill opens with a statement that the “Government is steadfastly committed to the establishment of the National Capital Territory of Delhi as a “Corruption Free Zone” and has made every effort to restore …

Highlights of Delhi Jan Lokpal Bill [Read the Bill]
9 years, 3 months ago

Highlights of Delhi Jan Lokpal Bill [Read the Bill]

Live Law  

The Delhi Legislative Assembly has passed the Jan Lok Pal Bill last week and it got uploaded in the Delhi Legislative assembly web portal only yesterday. The Bill opens with a statement that the “Government is steadfastly committed to the establishment of the National Capital Territory of Delhi as a “Corruption Free Zone” and has made every effort to restore …

Delhi Assembly passes AAP anti-graft Jan Lokpal Bill
9 years, 3 months ago

Delhi Assembly passes AAP anti-graft Jan Lokpal Bill

India TV News  

New Delhi: Over nine months after Aam Aadmi Party's resounding victory in the Delhi elections, the Delhi Assembly today passed its flagship anti-corruption law, the Jan Lokpal Bill. As per the bill, the three-member Jan Lokpal will “proceed to inquire or investigate into the allegation of ‘corruption' occurring in the National Capital Territory of Delhi.” In essence, besides the chief …

Lokpal and Lokayuktas Act: A Commentary
11 years ago

Lokpal and Lokayuktas Act: A Commentary

Live Law  

ICynicism gave way to incredulity, hope and jubilation, when after several failed attempts, a broad political consensus was reached between the ruling Congress and the principal opposition party, the BJP, on the issue of the Lokpal Bill lying on the backburner for decades, which eventually culminated in the Parliament passing the Lokpal and the Lokayuktas Bill, 2013 in December, 2013,. …

Read why Delhi Lt Governor referred Jan Lokpal bill to Law Ministry
11 years, 1 month ago

Read why Delhi Lt Governor referred Jan Lokpal bill to Law Ministry

India TV News  

New Delhi: The Lt Governor of Delhi Najeeb Jung has forwarded the entire Jan Lokpal Bill issue to the Ministry of Law and Justice for a final opinion on the constitutional position. A press release issued by the Lt Governor's House says, "despite the predominant view that there is need to send the proposed Bill for prior consent to the …

Kejriwal writes to Shinde on Lokpal Bill
11 years, 1 month ago

Kejriwal writes to Shinde on Lokpal Bill

The Hindu  

Taking his fight for the Jan Lokpal Bill to the Centre, Delhi Chief Minister Arvind Kejriwal on Saturday shot off a letter to Union Home Minister Sushilkumar Shinde, seeking the withdrawal of a notification that makes sanction of the Lieutenant Governor a requirement for introducing a Bill in the Delhi Assembly. The letter comes a day after Mr. Kejriwal wrote …

‘Delhi Lokpal Bill unconstitutional without Centre’s approval’
11 years, 1 month ago

‘Delhi Lokpal Bill unconstitutional without Centre’s approval’

The Hindu  

Delhi Chief Minister Arvind Kejriwal’s move to introduce the Jan Lokpal Bill in the Assembly without the Centre’s approval will be a violation of the constitutional mandate and the provisions of the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993. Governor sought the law officer’s opinion after the Chief Minister wrote to him on …

Draft Delhi Lokpal bill: All you need to know
11 years, 1 month ago

Draft Delhi Lokpal bill: All you need to know

Firstpost  

The Delhi cabinet Monday cleared the draft of the Delhi Lokpal Bill, 2014, according to which an independent probe can be initiated against government employees, ranging from the chief minister to a peon. New Delhi: The Delhi cabinet Monday cleared the draft of the Delhi Lokpal Bill, 2014, according to which an independent probe can be initiated against government employees, …

Delhi Cabinet clears Jan Lokpal Bill
11 years, 1 month ago

Delhi Cabinet clears Jan Lokpal Bill

The Hindu  

The Delhi Cabinet on Monday cleared the ‘Delhi Lokpal Bill, 2014’ that aims to bring all public servants– from the Chief Minister to all Group D employees – under its ambit with no safeguards or “special privileges” extended even to the Chief Minister’s Office. The Bill was passed at a Cabinet meeting presided over by Chief Minister Arvind Kejriwal, fulfilling …

Govt fast-tracks process for creation of Lokpal
11 years, 2 months ago

Govt fast-tracks process for creation of Lokpal

The Hindu  

Government has speeded up the process for creation of anti-graft watchdog Lokpal and finalising manpower and infrastructure requirement for it. The chairperson, members and other staff for Lokpal will be appointed soon,” said a senior official of Ministry of Personnel, which provides administrative support for Lokpal. The Lokpal and Lokayuktas Act, 2013 provides for the establishment of a body of …

The Lokpal and Lokayuktas Bill, 2013 is Act No. 1 of 2014; Will new section- 8B(2) of CVC Act dilute the powers of CBI?
11 years, 2 months ago

The Lokpal and Lokayuktas Bill, 2013 is Act No. 1 of 2014; Will new section- 8B(2) of CVC Act dilute the powers of CBI?

Live Law  

The Lokpal and Lokayuktas Bill, 2013 is published as Act No.1 of 2014 in the Gazette of India, Extraordinary, Part-II, Section-1, dated the 1st January 2014. The Lokpal can inquire into offences under the Prevention of Corruption Act, 1988 committed by members of Parliament, group A and B government officials, employees of a company, society or a trust set up …

Lokpal Finally
11 years, 3 months ago

Lokpal Finally

Live Law  

After years of fight and eight failed attempts over the last five decades, a historic day for India as it took the much awaited step of enacting the Lokpal law, which would establish an anti-corruption watchdog that will have in its purview even the office of the Prime Minister. The bill, known as the Lokpal and Lokayuktas Bill which proposes …

Historic Lokpal Bill passed
11 years, 3 months ago

Historic Lokpal Bill passed

The Hindu  

The Lok Sabha on Wednesday passed the historic Lokpal and Lokayuktas Bill, 2013, paving the way for establishment of an ombudsman to fight corruption in public offices and ensure accountability on the part of public officials, including the Prime Minister, but with some safeguards. Prime Minister Manmohan Singh and UPA chairperson Sonia Gandhi described the passage of the Lokpal Bill …

Officers facing graft charge will get hearing
11 years, 3 months ago

Officers facing graft charge will get hearing

The Hindu  

The major official amendments to the Lokpal Bill on which the Rajya Sabha gave its nod relate to giving a hearing to an officer charged with corruption before the Lokpal orders an investigation, during an enquiry and before the sanction of prosecution. On the insistence of Leader of Opposition Arun Jaitley, however, the government agreed to add a “proviso” that …

Lokpal Bill goes through in Rajya Sabha; SP walks out
11 years, 3 months ago

Lokpal Bill goes through in Rajya Sabha; SP walks out

The Hindu  

In a show of solidarity, marred only by Samajwadi Party walk-out, the Rajya Sabha on Wednesday passed by voice vote the historic Lokpal Bill that provides for setting up an independent ombudsman to investigate charges of corruption against public functionaries. After the house said “ aye’’ to the Bill, fasting social activist Anna Hazare thanked the government. On the insistence …

Shadow over Lokpal Bill as SP stands its ground
11 years, 3 months ago

Shadow over Lokpal Bill as SP stands its ground

The Hindu  

The Rajya Sabha will take up the much-awaited Lokpal Bill on Tuesday amid concerns about how the Samajwadi Party, an ally of the UPA, will conduct itself as the party is opposed to the legislation. To ensure that there will be no repeat of unruly scenes as during the tabling of the Women’s Reservation Bill in 2010, Chairman Hamid Ansari …

Centre trying to dilute Lokpal Bill: Jaitley
12 years, 1 month ago

Centre trying to dilute Lokpal Bill: Jaitley

The Hindu  

Leader of the Opposition in the Rajya Sabha Arun Jaitley has charged the government with attempting, yet again, to dilute the Lokpal Bill now pending in the Rajya Sabha. The recommendations in question are investigation of a complaint against a public servant without giving an opportunity to the officer to be heard and requirement of prior permission of the Lokpal …

Cabinet approves Lokpal bill amendments
12 years, 1 month ago

Cabinet approves Lokpal bill amendments

India TV News  

New Delhi, Jan 31: The union cabinet Thursday delinked the Lokpal from the Lokayuktas or anti-graft ombudsmen in states as it gave its nod to the Lokpal bill amendments but the BJP and activists, including Anna Hazare, slammed the proposed law as not enough to curb corruption. The cabinet, chaired by Prime Minister Manmohan Singh, accepted 14 of 16 amendments …

Lokpal Bill with amendments cleared by Cabinet
12 years, 1 month ago

Lokpal Bill with amendments cleared by Cabinet

India TV News  

New Delhi, Jan 31: The amended Lokpal Bill, which delinks the central government from creation of state Lokayuktas, was today approved by the Union Cabinet, paving the way for its consideration by Parliament. The revised bill incorporates a number of changes recommended by the Rajya Sabha Select Committee, including appointment of the Director of Prosecution by the CVC.The government, however, …

Protection for public servants in new lokpal bill
12 years, 2 months ago

Protection for public servants in new lokpal bill

Hindustan Times  

The latest version of the lokpal bill, likely be cleared by the cabinet on Thursday, is a much-amended version of the original that was passed in Lok Sabha but got stuck in Rajya Sabha in 2011. HT Image Providing some protection to public servants, the new bill requires the anti-graft watchdog to hear the accused before initiating any investigation. The …

Lokpal in present form does not address our concerns: CBI
12 years, 8 months ago

Lokpal in present form does not address our concerns: CBI

India TV News  

New Delhi, Jul 13: The Lokpal Bill in its present form “seriously compromises” CBI's autonomy of investigation and does not address its concerns, the agency told a Parliamentary panel today. Appearing before the Rajya Sabha Select Committee examining the Lokpal Bill, CBI Director A P Singh said the measure in the present form does not deal at all with the …

Lokpal Bill likely to come up in RS by Tuesday
12 years, 10 months ago

Lokpal Bill likely to come up in RS by Tuesday

India TV News  

New Delhi, May 18: The much-debated Lokpal Bill is likely to be taken up by Rajya Sabha either on Monday or Tuesday in an amended form which includes deletion of the controversial provision for Lokayukta creation and bringing more transparency in appointment of CBI chief. The amended bill was widely speculated to be considered by the Cabinet yesterday but it …

Lokpal could create a monster: Katju
12 years, 11 months ago

Lokpal could create a monster: Katju

The Hindu  

Press Council of India chairman Justice Markandey Katju on Saturday urged Parliament to refer the Lokpal Bill to a Standing Committee for further consideration so that workable corruption investigation machinery can be created. Justice Katju, a retired Supreme Court judged, said that whether it was the Janlokpal Bill or the Sarkari Lokpal Bill, the legislation envisaged overseeing the work of …

Govt Agrees To Take Up Lokpal Bill Vote In First Half Of Budget Session – India TV
13 years ago

Govt Agrees To Take Up Lokpal Bill Vote In First Half Of Budget Session – India TV

India TV News  

New Delhi, Mar 14: The government today said it wants to bring the bill to set up anti-corruption ombudsman, Lokpal, in Rajya Sabha during the first part of the current Budget session of Parliament. Replying to a notice given by Leader of the Opposition Arun Jaitley seeking suspension of the Question Hour to resume debate on the Lokpal bill, Parliamentary …

Aruna Roy flays Lokpal Bill
13 years, 3 months ago

Aruna Roy flays Lokpal Bill

The Hindu  

Aruna Roy-led NCPRI on Tuesday attacked the Lokpal Bill for its “lack of appropriateness”, saying it does not provide for adequate independence for the ombudsman or power to investigate cases. It alleged that the selection committee for Lokpal and Lokayukta is “biased” in favour of the ruling party and demanded that investigative wing of the state police be put under …

Aruna Roy Attacks Lokpal Bill For Lack Of Appropriateness
13 years, 3 months ago

Aruna Roy Attacks Lokpal Bill For Lack Of Appropriateness

India TV News  

New Delhi, Dec 27: Aruna Roy-led NCPRI today attacked the Lokpal Bill for its “lack of appropriateness”, saying it does not provide for adequate independence for the ombudsman or power to investigate cases. It alleged that the selection committee for Lokpal and Lokayukta is “biased” in favour of the ruling party and demanded that investigative wing of the state police …

One step forward, two steps back
13 years, 3 months ago

One step forward, two steps back

The Hindu  

Hopelessly ineffectual and constitutionally suspect, the Lokpal and Lokayuktas Bill, 2011 is nothing less than a betrayal of national trust. The key provisions of the new Bill relating to the selection of the nine-member Lokpal, its anti-corruption functions and powers, and administrative control over India's premier criminal investigation agency mock that purpose. In allowing the Lokpal only an Inquiry Wing …

Lokpal Bill Compromises Investigation Autonomy : CBI
13 years, 3 months ago

Lokpal Bill Compromises Investigation Autonomy : CBI

India TV News  

New Delhi, Dec 23: The Lokpal Bill in its present form has not gone down well with the CBI whose officials feel that the autonomy of investigation has been “seriously compromised”. “Section 20 of the Lokpal Bill provides for extension of Police Powers of taking final decision after investigation and filing police report in the competent court, to persons who …

Revised Lokpal Bill To Be Tabled In Parl In Couple Of Days
13 years, 3 months ago

Revised Lokpal Bill To Be Tabled In Parl In Couple Of Days

India TV News  

New Delhi, Dec 19: Bringing Prime Minister in the ambit of Lokpal with adequate safeguards and change in mode of appointment of CBI director could be among the provisions the government is looking to incorporate in the Lokpal Bill to be introduced in Parliament, possibly in the next couple of days. After the Prime Minister gives the signal, the bill …

Move ahead on Lokpal
13 years, 3 months ago

Move ahead on Lokpal

The Hindu  

While there is no consensus on the exact shape of the Lokpal Bill, it is clear the gap between the key political players on most of the contentious issues has been narrowed. Under severe pressure from Team Anna and its supporters across India, the United Progressive Alliance coalition has been obliged to go some way towards meeting the movement's key …

In Lokpal tapes its all business, no fireworks
13 years, 5 months ago

In Lokpal tapes its all business, no fireworks

Firstpost  

The tapes reveal that temperatures did not run high during the meetings as generally believed. Did the members of Team Anna Hazare and the representatives of the government in the Lokpal Bill Joint Drafting Committee go at each others ’throats during their meetings? Members of Team Anna, particularly Shanti Bhushan, were quite forceful and articulate while presenting their arguments supporting …

Why all in one?
13 years, 6 months ago

Why all in one?

The Hindu  

Given the experience with extraordinary powers vested in any institution, the wisdom of having a super-powerful body must be debated. The government's Lokpal Bill, 2011, was introduced in the Lok Sabha on August 4, following tough talking and hard bargaining by five members of a civil society team. The Jan Lokpal Bill works on the unreasoned belief that the Lokpal …

Jan Lokpal Bill and Parliament
13 years, 6 months ago

Jan Lokpal Bill and Parliament

The Hindu  

All provisions in Anna Hazare's Jan Lokpal Bill are within the legislative competence of Parliament, including the provisions relating to Lokayuktas in the States. Entry 97 of the Union List is as follows: “Any other matter not enumerated in list 2 or list 3 including any tax not mentioned in either of those lists.” The effect of this is that …

Lokpal Bill toothless, has no powers to nail corrupt: Karat
13 years, 8 months ago

Lokpal Bill toothless, has no powers to nail corrupt: Karat

The Hindu  

Communist Party of India general secretary Prakash Karat said here on Friday that the Lokpal Bill, adopted by the Union Cabinet, betrayed the Congress' commitment to introduce an effective Lokpal Bill in Parliament. Referring to the argument that the inclusion of Prime Minister would affect the stability of the country, Mr. Karat said that when Prime Minister could be prosecuted …

Cabinet approves Lokpal Bill
13 years, 8 months ago

Cabinet approves Lokpal Bill

The Hindu  

Forty-three years after the first draft was conceived, the Union Cabinet on Thursday approved a Lokpal Bill, keeping outside its purview a serving Prime Minister, the higher judiciary and the conduct of MPs inside Parliament. At the Cabinet meeting, chaired by Prime Minister Manmohan Singh, the United Progressive Alliance government had on board all its alliance partners except the Dravida …

Bring PM under Lokpal: Karat
13 years, 8 months ago

Bring PM under Lokpal: Karat

The Hindu  

The Left on Thursday demanded that the government introduce a “strong” Lokpal bill with the Prime Minister under its ambit in the upcoming Parliament session. “The UPA government must bring a strong Lokpal bill in the session from August one and the Prime Minister must be under its ambit,” CPI Secretary Parkash Karat told reporters. “The Left is of a …

Lokpal Bill: Left Demands PM Be Brought Under Purview
13 years, 8 months ago

Lokpal Bill: Left Demands PM Be Brought Under Purview

India TV News  

New Delhi, Jul 21: Making a strong pitch forbringing the Prime Minister under the purview of the Lokpal, Left parties on Wednesday called for tackling corruption at the higher level. The Left parties, as well as Civil Society members said there was urgent need to have a strong, effective and independent Lokpal in place soon.CPM general secretary Prakash Karat said …

All Party Meeting On Lokpal Bill Convened On July 3
13 years, 9 months ago

All Party Meeting On Lokpal Bill Convened On July 3

India TV News  

New Delhi, Jun 22 : An all-party meeting to discuss the government and civil society drafts on the proposed Lokpal Bill will be held on July 3. The government will present two versions of the anti-corruption bill before the political parties following major differences on several key issues such as exclusion of the Prime Minister from the purview of the …

Draft Lokpal Bill - Civil society version
13 years, 9 months ago

Draft Lokpal Bill - Civil society version

The Hindu  

THE JAN LOKPAL BILL 2011 STATEMENT OF OBJECTS AND REASONS In his foreword to the UN Convention Against Corruption, the then Secretary General of the United Nations, Mr. Kofi Annan wrote, “Corruption is an insidious plague that has a wide range of corrosive effects on society. “Penalty” under this Act means punishment of dismissal, removal or reduction in rank “Public …

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