THE LOKP Compendium on Parliamentar PARLIAMENT OF INDIA AL AND LOKA Compendium on Parliamentary Enactments THE LOKPAL YUKT AND y Enactments LOKAYUKTAS ACT 2013 AS ACT 2013 RAJYA SABHA SECRETARIAT RAJYA SABHA SECRETARIAT NEW DELHI NEW DELHI 2015 2015 PARLIAMENT OF INDIA Compendium on Parliamentary Enactments THE LOKPAL AND LOKAYUKTAS RAJYA SABHA SECRETARIAT NEW DELHI-110 001 JULY, 2015 © RAJYA SABHA SECRETARIAT, NEW DELHI–110001 Websites: http//parliamentofindia.nic.in http//rajyasabha.nic.in E-mail : [email protected] Price: 1170.00 Published by Secretary-General, Rajya Sabha and Printed by Jainco Art India, 13/10, W.E.A., Saraswati Marg, Karol Bagh, New Delhi-110 005 PREFACE This publication is second in the series of compendium on parliamentary enactments proposed to be brought out on important Bills passed by both Houses for the benefit of Members of Parliament, researchers, legal fraternity as also the public at large. This compendium on the Lokpal and Lokayuktas Act, 2013 contains all primary documents such as the Bill as introduced, the Reports of the Department-related Standing Committee on Personnel, Public Grievances, Law and Justice and the Select Committee of the Rajya Sabha. The synopsis of debates of both Houses of Parliament and the Bill as passed by both Houses with a comprehensive executive summary have been included. A select reading list is also enclosed. I acknowledge with thanks the services rendered by the officers of the Library, Reference, Research, Documentation & Information Service (LARRDIS) who were entrusted with the task of compiling this Compendium. I also appreciate the work done by the Printing and Publications Service. It is hoped that this publication will be useful and we welcome suggestions for improvement. NEW DELHI; Shumsher K. Sheriff June, 2015 Secretary-General ABBREVIATIONS ARC Administrative Reforms Commission NCRWC National Commission to Review the Working of the Constitution JC Joint Committee DRSC Department Related Standing Committee SC Scheduled Caste ST Scheduled Tribe OBC Other Backward Caste LS Lok Sabha RS Rajya Sabha CJI Chief Justice of India FCRA Foreign Contribution (Regulation) Act CBI Central Bureau of Investigation CVC Central Vigilance Commission CONTENTS PAGE(S) 1. Background ............................................................. iv 2. Civil Society Demand and Jan Lokpal Bill ....................... v 3. Lokpal and Lokayuktas Bill, 2011 .................................. vi 4. Select Committee on Lokpal........................................ vi 5. Major Recommendations of the Select Committee of the Rajya Sabha ............................................................ vii 6. Salient features of the Lokpal and Lokayuktas Act, 2013 .... ix 7. Conclusion .............................................................. x 8. Annexures I. Synopsis of the Debate in the Lok Sabha on 27.8.2011 on the Statement made by the Minister of Finance regarding Issues relating to setting up of a Lok Pal, conveying the sense of the Parliament to the DRSC .... 1 II. Synopsis of the Debate in the Rajya Sabha on 27.8.2011 on the Statement made by the Minister of Finance regarding Issues relating to setting up of a Lok Pal, conveying the sense of the Parliament to the DRSC .... 69 III. Report of the DRSC on Personnel, Public Grievances, Law and Justice on the Lokpal Bill, 2011 presented to the Rajya Sabha on 9.12.2011 ......................... 97 IV. The Lokpal and Lokayuktas Bill, 2011 as introduced in the Lok Sabha on 22.12.2011 ........................... 417 V. Synopsis of the Debate in the Lok Sabha on the Lokpal and Lokayuktas Bill, 2011 on 22.12.2011 and 27.12.2011 ...................................................... 533 VI. Bill as passed by the Lok Sabha on 27.12.2011 ........ 569 (i) PAGE(S) VII. Synopsis of the Debate in the Rajya Sabha on 29.12.2011 on the Lokpal and Lokayuktas Bill, 2011 as passed by the Lok Sabha ................................................. 647 VIII. Synopsis of the Debate in the Rajya Sabha on 21.5.2012 on the Motion for Reference of the Lokpal and Lokayuktas Bill, 2011 to a Select Committee .......... 673 IX. Report of the Select Committee of Rajya Sabha presented on 23.11.2012 .................................... 679 X. Synopsis of the Debate in the Rajya Sabha on 13.12.2013 and 17.12.2013 on the Bill as reported by the Select Committee ...................................................... 779 XI. The Lokpal and Lokayuktas Act, 2013 .................... 795 9. Reading List ............................................................ 845 (ii) The Lokpal and Lokayuktas Act, 2013 The Lokpal and Lokayuktas Act, 2013 has had a long chequered history. It took almost forty-five years to enact this important piece of legislation. The institution of Lokpal was first contemplated way back in early 1960s with the aim to rooting out corruption in public offices. For the first time the Bill was introduced in the Fourth Lok Sabha as the Lokpal and Lokayuktas Bill, 1968. Since then the Bill has been introduced nine times in 1971, 1977, 1985, 1989, 1996, 1998, 2001 and twice in 2011. In view of the repeated postponement to enact this legislation, a campaign was launched by civil society organisations in 2011. They brought out their own version of the Bill titled ‘The Jan Lokpal Bill’. The Government subsequently introduced a new Lokpal Bill on 4 August 2011, which was referred to the Department-related Parliamentary Standing Committee for examination on 8 August 2011. On the basis of the recommendations contained in the Committee Report, presented on 9 December 2011, the Lokpal Bill, 2011, was withdrawn and a revised Bill titled ‘The Lokpal and Lokayuktas Bill, 2011’ was again introduced in the Lok Sabha on 22 December 2011. On 27 December 2011, the Bill was discussed and passed by the Lok Sabha with certain amendments. The Bill as passed by the Lok Sabha came up for discussion in the Rajya Sabha on 29 December 2011, but remained inconclusive. On 21 May 2012, the Rajya Sabha referred the Bill as passed by the Lok Sabha to the Select Committee of the Rajya Sabha. The Committee presented its Report to the Rajya Sabha on 23 November 2012. The Government accepted 14 of the 16 recommendations made by the Select Committee and accordingly amended the Lokpal and Lokayuktas Bill, 2011. The amended Bill was brought for consideration in the Rajya Sabha on 13 December 2013. However, as the House was adjourned that day the Bill could be taken up for discussion only on 17 December 2013. The Bill as passed by the Rajya Sabha with certain amendments on 17 December 2012 was sent back to the Lok Sabha for further approval. The Bill as passed by the Rajya Sabha with amendments was taken up for consideration by the Lok Sabha on 18 December 2013. The Lok Sabha agreed to the amendments made by the Rajya Sabha and passed the Bill on the same day. The Bill as passed by both Houses received the President’s assent on 1 January 2014 and became Act No. 1 of 2014. (iii) Background The word ‘Lokpal’ etymologically means ‘protector of people’. The term was coined as an Indian variant of the concept of ‘Ombudsman’, which has Scandinavian origin and refers to an official who is appointed to investigate complaints of citizens against the administration. The genesis of the concept in India can be dated back to the 1960s. On 3rd April 1963, Late Dr. L.M. Singhvi while participating in the discussion of Demands for Grants of the Ministry of Law and Justice, in the Lok Sabha, stressed the need for setting up of a Parliamentary Commission on the pattern of Ombudsman for tackling corruption and redressal of public grievances. The terms Lokpal and Lokayukta were also coined by him. In 1966, the first Administrative Reforms Commission (ARC) recommended a two tier machinery to redress the grievances of public i.e. Lokpal and Lokayukta. The Lokpal would deal with complaints against Ministers and Secretaries of Central Government as well as in the states. The Lokayukta, one for the Centre and one in each State, would attend complaints against rest of the bureaucracy. Apart from the first ARC and the Parliamentary Committees, second ARC and the National Commission to Review the Working of the Constitution, 2002 (NCRWC) have recommended on the various aspects of the institution of Lokpal. Since 1968, Bills relating to Lokpal and Lokayuktas have been introduced in the Lok Sabha nine times. The long and arduous legislative journey of Lokpal can be gauged from the following Table: Sl. Title of the Bill Date of Committee Status No. introduction/ Referred to House in which introduced 1. The Lokpal & 09.05.1968 Select Committee Passed in the LS on 20.08.1969, Lokayuktas Bill, Lok Sabha but before RS could deliberate, 1968 Fourth LS dissolved and the Bill lapsed. 2. The Lokpal & 11.08.1971 No Bill lapsed due to the Lokayuktas Bill, Lok Sabha dissolution of the Fifth LS. 1971 3. The Lokpal Bill, 28.07.1977 Joint Committee Before JC recommendations 1977 Lok Sabha were considered, the sixth LS dissolved and the Bill lapsed. (iv) Sl. Title of the Bill Date of Committee Status No. introduction/ Referred to House in which introduced 4. The Lokpal Bill, 26.08.1985 Joint Committee Bill withdrawn. 1985 Lok Sabha 5. The Lokpal Bill, 29.12.1989 No Bill lapsed due to the 1989 Lok Sabha dissolution of the Ninth LS. 6. The Lokpal Bill, 13.09.1996 DRSC on Committee presented its Report 1996 Lok Sabha Home Affairs on 09.05.1997. Before the Government could consider the amendments proposed by the Committee, the Eleventh LS dissolved and the Bill lapsed. 7. The Lokpal Bill, 03.08.1998 DRSC on Committee presented its Report 1998 Lok Sabha Home Affairs on 25.02.1999. Before the Government could consider the recommendations of the Committee, the Twelfth LS dissolved and the Bill lapsed. 8. The Lokpal Bill, 14.08.2001 DRSC on Committee presented its Report 2001 Lok Sabha Home Affairs on 07.03.2002.