Excelsior Correspondent
JAMMU, July 9: In major initiatives aimed at making the institution of Lokpal and Central Bureau of Investigations (CBI) more credible than the previous UPA Government, Prime Minister Narendra Modi led NDA Government has proposed series of amendments in Lokpal and Lokayuktas 2013 Act in current session of Parliament, which would make selection of Lokpal, the officers to be assigned to him and the CBI Director more transparent.
All the amendments in Lokpal and Lokayuktas Act would be tabled in both Houses of Parliament in the ongoing budget session and approved. After the approval, the institution of Lokpal would come into effect for the first time in India this year.
The amendments were aimed at making the institution of Lokpal “more credible’’ and “give it teeth to fight corruption’’ in real terms.
According to amendments proposed in the Act, a five member high level Committee has been proposed for selection of Lokpal, which would be headed by the Prime Minister as Chairperson and comprise the Lok Sabha Speaker, Leader of Opposition in Lok Sabha, Chief Justice of India and an eminent jurist.
The Speaker would take a decision on who would represent the Leader of Opposition as there is no LoP in current Lok Sabha.
This and other amendments in Lokpal and Lokayuktas Act were tabled in Lok Sabha by Minister for Personnel, Public Grievances Earth Sciences (Independent Charge) and MoS in PMO Dr Jitendra Singh today.
Another significant amendment tabled in the Lower House of Parliament today pertained to selection of the Director of Central Bureau of Investigations (CBI). The Government has changed the procedure adopted by previous UPA-II Government in which the CBI Director was appointed by the CBI.
As per the amendment, the CBI Director now would be appointed by another high level panel, which would comprise the Prime Minister, Leader of Opposition in Lok Sabha and Chief Justice of India or his nominee. In this panel also, Speaker Sumitra Mahajan would decide as to who would represent the LoP.
Yet another important amendment tabled in the Lok Sabha pertained to appointment of Advocates for the CBI. The Government has decided to do away with the procedure of appointments of only Government Advocates to the CBI as the amendments said the Government has decided to incorporate a provision for appointment of panel of Advocates for the CBI from “outside the Government Advocates’’ also.
On appointment of officers to the Lokpal, the new Government has decided that there would be no binding on the appointments as imposed by the previous Government and the Lokpal would be free to choose its officers. Under the existing Act, the Lokpal would have to select the officers from the panel of Secretaries. However, as per the amendment introduced by Jitendra Singh, the Lokpal would be free to choose any of the officers from the rank of the Secretary or below.
According to sources, Finance and Defence Minister Arun Jaitley as Leader of Opposition in Rajya Sabha had then strongly protested the UPA decision to put a bar on the Lokpal for choosing officers only from the Panel. There had been series of correspondence between Jaitley and then Prime Minister Dr Manmohan Singh on the subject but the UPA-II hadn’t yielded. With Modi led Government at the helm, the Centre has decided to undo the UPA decision and make an amendment in the selection of officers.
According to the amendments, the Government would also set up Special Court exclusively for the CBI to expedite the cases in the entire country.
In some amendments described as ‘officer friendly’, the Government has decided to amend Section 19A of Prevention of Corruption Act under which the prior sanction of the Government was not required by the CBI for prosecution of retired officers.
“Now, the CBI would need the Government sanction to prosecute even the retired officers,’’ the amendment proposed. Further, the Government officer wouldn’t be held guilty if the benefit goes by default to any third persons. Moreover, the private complainant against the officer would have to lodge complaint against them through the Court and not directly.
In an amendment proposed in Whistle Blowers Protection Bill, the Government has decided to exclude the areas of national security of country and the issues that involved sovereignty and integrity of the nation.
The amendment said the enactment of Lokpal and Lokayuktas Act will help Central Vigilance Commission work in an independent and assertive manner.
The CVC has been given a statutory status by the enactment of the CVC Act, 2003 on account of which it can function in an independent and objective manner, it added.
“With the recent amendments carried out in the CVC Act, 2003, through the Lokpal and Lokayuktas Act, 2013, and the powers and functions already available with the Commission, the CVC is in a position to function in an independent and assertive manner for tackling corruption cases,” it said.
The CVC also has been bestowed with the powers of superintendence over the CBI in so far as it relates to investigation of offences alleged to have been committed under the Prevention of Corruption Act, 1988, to ensure greater objectivity and accountability in its functioning.
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