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Parliament of India Rajya Sabha 48 PARLIAMENT OF INDIA RAJYA SABHA 48 DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE FORTY EIGHTH REPORT ON THE LOKPAL BILL, 2011 (PRESENTED TO THE RAJYA SABHA ON 9TH DECEMBER, 2011) (LAID ON THE TABLE OF THE LOK SABHA ON 9TH DECEMBER, 2011) RAJYA SABHA SECRETARIAT NEW DELHI DECEMBER, 2011/AGRAHAYANA, 1933 (SAKA) Website:http://rajyasabha.nic.in E-mail:[email protected] CS (P & L)-95 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE FORTY EIGHTH REPORT ON THE LOKPAL BILL, 2011 (PRESENTED TO THE RAJYA SABHA ON 9th DECEMBER, 2011) (LAID ON THE TABLE OF THE LOK SABHA ON 9th DECEMBER, 2011) RAJYA SABHA SECRETARIAT NEW DELHI DECEMBER, 2011/AGRAHAYANA, 1933 (SAKA) CONTENTS PAGES 1. COMPOSITION OF THE COMMITTEE ........................................................................................ (i)-(ii) 2. PREFACE BY CHAIRMAN ......................................................................................................... (iii)-(v) 3. REPORT OF THE COMMITTEE .................................................................................................. 1—141 CHAPTER 1- Introduction.................................................................................................. 1—4 CHAPTER 2- Committee Proceedings and Timelines .................................................... 5—6 CHAPTER 3- The Concept of Lokpal: Evolution and Parliamentary History ............. 7—10 CHAPTER 4- Citizens’ Charter and Grievance Redressal Mechanism ........................ 11—16 CHAPTER 5- The Prime Minister: Full Exclusion Versus Degrees of Inclusion ....... 17—24 CHAPTER 6- Member of Parliament: Vote, Speech and Conduct within the House 25—28 CHAPTER 7- Lokpal and State Lokayuktas: Single Enactment and Uniform Standards 29—36 CHAPTER 8- Lower Bureaucracy: Degrees of Inclusion ............................................. 37—44 CHAPTER 9- False Complaints and Complainants: Punitive Measures ....................... 45—47 CHAPTER 10- The Judiciary: To Include or Exclude ..................................................... 48—53 CHAPTER 11- The Lokpal: Search and Selection ............................................................ 54—60 CHAPTER 12- The Trinity of the Lokpal, CBI and CVC: In Search of an Equilibrium 61—79 CHAPTER 13- Constitutional Status: If, How and How Much...................................... 80—85 CHAPTER 14- The Jurisdictional Limits of Lokpal: Private NGOs, Corporates and Media ............................................................................................................ 86—96 CHAPTER 15- Supports Structures for the Lokpal: Whistle Blowers, Phone Tappers and Legal Aid/Assistance Issues ............................................................... 97—104 CHAPTER 16- The Lokpal Miscellany: Residual Issues .................................................. 105—107 CHAPTER 17- Afterword: Reasons and Recommendations At a Glance ..................... 108—141 4. MINUTES OF DISSENT ............................................................................................................. 143—171 (i) Shri Balavant alias Bal Apte, Shri Kirti Azad, Shri D.B. Chandre Gowda, Shri Arjun Ram Meghwal, Shri Harin Pathak and Shri Madhusudan Yadav ................................................................... 145—150 (ii) Shri Ram Jethmalani ......................................................................... 151—153 (iii) Shri Ram Vilas Paswan .................................................................... 154—155 (iv) Shri Shailendra Kumar...................................................................... 156—163 (v) Shri Prasanta Kumar Majumdar ...................................................... 164—165 (vi) Shri Pinaki Misra............................................................................... 166—167 (vii) Adv. A Sampath ................................................................................. 168 (viii) Shri S. Semmalai............................................................................... 169 (ix) Shrimati Deepa Dasmunshi, Ms. Meenakshi Natrajan and Adv. P.T. Thomas ............................................................................. 170 (x) Shri Vijay Bahadur Singh ................................................................. 171 5. MINUTES OF THE MEETINGS .................................................................................................. 173—220 6. ANNEXURES ............................................................................................................................. 221—589 A - The Lokpal Bill, 2011 ....................................................................... 223—276 B - A Gist of the Debate in Both the Houses of Parliament on 27th August, 2011............................................................................... 277—279 C - Comments of the Department of Personnel & Training on the suggestions contained in Memoranda received from public on the Bill ................................................................................................. 280—580 D - Statement showing the Business transacted by the Committee in its sittings for the Bill.................................................................. 581—583 E - Views of Justice J.S. Verma, former Chief Justice of India on the various provisions of the Bill ................................................... 584—587 F - Draft of proposed Constitutional Amendment for the Lokpal and Lokayukta ................................................................................... 588—589 COMPOSITION OF THE COMMITTEE (31st August, 2010 - 30th August, 2011) *1. Dr. Abhishek Manu Singhvi – Chairman RAJYA SABHA 2. Shri Balavant alias Bal Apte 3. Shri Ram Jethmalani 4. Shri Parimal Nathwani 5. Shri Amar Singh 6. Shri Ram Vilas Paswan 7. Shri O.T. Lepcha /\8. Vacant @9. Vacant &10. Vacant LOK SABHA 11. Shri N.S.V. Chitthan 12. Shrimati Deepa Dasmunsi 13. Shrimati Jyoti Dhurve 14. Shri D.B. Chandre Gowda 15. Dr. Monazir Hassan 16. Shri Shailendra Kumar 17. Shrimati Chandresh Kumari 18. Dr. Kirodi Lal Meena 19. Ms. Meenakshi Natarajan 20. Shri Devji M. Patel 21. Shri Harin Pathak 22. Shri Lalu Prasad 23. Shri S. Semmalai 24. Shri Vijay Bahadur Singh 25. Dr. Prabha Kishor Taviad 26. Shri Manish Tewari 27. Shri R. Thamaraiselvan 28. Adv. P.T. Thomas (Idukki) #29. Vacant $30. Vacant %31. Vacant * Nominated as Chairman of the Committee w.e.f. 26th July, 2011. /\ Due to passing away of Shri M. Rajasekara Murthy w.e.f. 7th December, 2010. @ Due to induction of Shrimati Jayanthi Natarajan in the Council of Ministers w.e.f. 12th July, 2011. & Due to retirement of Shri Shantaram Naik w.e.f. 28th July, 2011. # Due to resignation of Shri Arjun Munda from Lok Sabha w.e.f. 26th February, 2011. $ Due to passing away of Shri Bhajan Lal w.e.f. 3rd June, 2011. % Existing since the constitution of the Committee on 31st August, 2010. (i) COMPOSITION OF THE COMMITTEE (Constituted on 31st August, 2011) 1. Dr. Abhishek Manu Singhvi – Chairman RAJYA SABHA 2. Shri Shantaram Laxman Naik 3. Dr. Bhalchandra Mungekar 4. Shri Balavant alias Bal Apte 5. Shri Ram Jethmalani 6. Shri Sukhendu Sekhar Roy 7. Shri Ram Vilas Paswan 8. Shri O.T. Lepcha 9. Shri Parimal Nathwani 10. Shri Amar Singh LOK SABHA 11. Shri Kirti Azad 12. Shri N.S.V. Chitthan 13. Shrimati Deepa Dasmunsi . 14. Shri D.B. Chandre Gowda 15. Shri Shailendra Kumar 16. Shrimati Chandresh Kumari 17. Shri Prasanta Kumar Majumdar 18. Shri Arjun Ram Meghwal 19. Shri Pinaki Misra 20. Kumari Meenakshi Natarajan 21. Shri Harin Pathak 22. Shri Lalu Prasad 23. Adv. A. Sampath 24. Shri S. Semmalai 25. Shri Vijay Bahadur Singh 26. Dr. Prabha Kishor Taviad 27. Shri Manish Tewari 28. Adv. P.T. Thomas (ldukki) 29. Shri Arun Subhash Chandra Yadav 30. Shri Madhusudan Yadav *31. Vacant SECRETARIAT Shri Deepak Goyal, Joint Secretary Shri K.P. Singh, Director Shri K.N. Earendra Kumar, Joint Director Shrimati Niangkhannem Guite, Assistant Director Shrimati Catherine John L., Committee Officer * Existing since the constitution of the Committee on 31st August, 2011. (ii) PREFACE BY CHAIRMAN I consider it a singular privilege and a great pleasure to present the Forty-Eighth Report of this Committee on the Lokpal Bill, 2011. It is ironical, and even somewhat paradoxical, that corruption, an issue as old as mankind* can generate so much contemporary debate, ignite large volumes of both light and heat. The fact that corruption, which has spread like a virulent epidemic in the very genetic code of society, has been brought to the forefront of our collective consciousness in recent times, is both a compliment to all those who have crusaded for strong anti corruption measures as also a reflection of the public’s growing angst, revulsion and disgust at the proportions acquired by this disease. But no one can afford to, and no one should, ignore the basic truth that no magic wand or special button has been conceived or invented, the activation of which can eliminate or even significantly reduce this scourge within a short time. Nor can anyone be oblivious to the reality that corruption can suffer significant and tangible reduction only by a holistic and multi-pronged approach and that no single initiative in this regard can be even significantly, much less conclusively, efficacious. To ignore the fact that the Lokpal Bill operates only within the limited zone of ex-post facto, punitive or deterrent measures
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