Comparison between Jan Lokpal Bill, the Government Lokpal Bill and the NCPRI FormulationSubject 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 3Setting up of Not included The Bill The Bill envisages the set up State AntiLokayuktas at envisages the set Corruption Lokayutkas, with similarthe State up Lokayutkas, powers and functions as the Lokpal, inLevel with similar each of the states powers and functions as the Lokpal, in each of the statesInclusion of Prime Minister under Prime Minister Inclusion of the Prime Minister subject toPrime 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 4Inclusion of All staff, employees and Not included Not includedoffice bearers office bearers of anyof non society or association ofGovernmental persons or trustassociations (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 BillInclusion of No mention Whistleblower Not included in the National Anti-provisions for protection to be Corruption Lokpal.whistleblower accorded by theprotection 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 protectionDefinition of Definition a complaint Definition a complaint” means a complaint allegingcomplaint/ means a complaint complaint that a public servant has committed anwhat alleging that a public means a offence punishable under Chapter IX ofconstitutes a servant has committed complaint the Indian Penal Code or under thecomplaint 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 mandatoryRemoval of a The Chairperson or any The Chairperson The Chairperson or any other Membermember of other Member shall be or any other shall be removed from his office by orderthe 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 separateand separate Investigation have separate investigation and prosecution wingsProsecution and Prosecution Wings investigationWings and prosecution wingsComplaints to Any complaint against In each State, Any complaint against the Chairperson orbe made the Chairperson or one or more Member shall be made by an applicationagainst the Member shall be made complaints by the party aggrieved, to the Chief justicemembers 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.