New Delhi, Feb 1: The Union Cabinet on Thursday paved the way for further consideration of Lokpal legislation in Parliament as it approved most of the modifications recommended by a Rajya Sabha Select Committee on its draft Lokpal Bill.
The Cabinet approved 14 of 16 recommendations made by the committee. These include the mode of appointing the Lokpal and CBI director. The Cabinet, however, delinked the Lokpal from the institution of Lokayukta at the state level. Contrary to provisions of the earlier draft, states will continue to appoint Lokayuktas.
The Cabinet accepted that the CBI director will be appointed by a panel comprising the prime minister, the leader of opposition in the Lok Sabha and the chief justice of India. But it dropped related recommendation that CBI officials involved in probing cases under Lokpal supervision will not be transferred by the government. Therefore, though the CBI will be under the Lokpal, the government will have the authority to transfer them. The Cabinet decisions were announced by Minister of State for Personnel V Narayanasamy.
Non-religious charitable institutions receiving government funds too will come under the Lokpal purview, though the Upper House panel did not favour this.
As per the decision, the nine-member Lokpal will be selected by a panel comprising the prime minister, Lok Sabha Speaker, leader of the opposition in the Lok Sabha, the chief justice of India and an eminent jurist who will be in turn selected by the first four.
The decision to leave out Lokayukta appointment came after states vehemently opposed and accused the Centre of “usurping the rights of the states in the Lokayukta appointment.” Owing to opposition, the controversial bill got stuck in the Upper House. After the enactment of the billl by the Centre, states will have to appoint their Lokayuktas within a year.
The Cabinet decision came under fire from the BJP, the Aam Admi Party’s Arvind Kejriwal and social activist Anna Hazare. The BJP said the government was not serious in giving autonomy to the CBI while Kejriwal said the bill as approved by Cabinet cannot curb corruption. Hazare said the prime minister and UPA chairperson Sonia Gandhi cannot be trusted to bring a stringent Lokpal. The Lokpal Bill was stuck in the Rajya Sabha in December 29, 2011, over the Lokayukta acrimony. Following this, it was referred to a House Select Committee. The revised bill is likely to be introduced in the first half of budget session of Parliament.
The select committee had recommended a number of amendments to the bill with a view to strengthening the CBI, that include setting up of a directorate of prosecution headed by a director of prosecution under the overall control of director, CBI, appointment of director of prosecution on the recommendation of the Central Vigilance Commission, maintenance of a panel of advocates by the CBI, other than government advocates with the consent of the Lokpal for handling Lokpal referred cases.
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