The new JanLokpal Bill being proposed by the Delhi government is a watered down bill intended only to be an eyewash and retains control with the politicians

jan lokpal delhi Comparison Between 2014 And 2015 Delhi Jan Lokpal Bills

ESTABLISHMENT OF LOKPAL

DELHI JANLOKPAL BILL, 2014 AMENDED DELHI JANLOKPAL BILL 2015
Section 3 (2)– Provides that the Janlokpal shall consists of a Chairperson, who is or has been a Judge of the Supreme Court or a Judge of a High Court or is a person of impeccable integrity and eminence, having extensive and outstanding knowledge of law.It shall consists of atleast 6 other members whose number maybe increased upto 10 as per need and requirement, who shall be persons of impeccable integrity, eminence and outstanding ability, out of which one-third of the members will be persons having extensive and outstanding knowledge of law and the remaining members shall be persons having experience of not less than 20 years in the matters relating to vigilance or investigation or investigative journalism or public administration or finance sector including insurance and banking or shall be retired senior officer of the armed forces.Provided that not less than 50 % of the members of the Janlokpal shall be from be from among the persons belonging to the SCs, STs, OBCs, minorities and women. Section 3(1) – Provides that the Janlokpal shall be a 3 member body having one Chairperson and 2 members.Sub-section (2)- Provides that a person shall not be qualified for appointment as –(a)  Chairperson, unless he is or has been a judge of the Supreme Court or the Chief Justice of a High Court or a Judge of a High Court.(b)  A Member, unless such person is a person of eminence having obtained distinction, special knowledge and expertise in public administration, finance or investigation.Note- The Janlokpal shall consist of only 3 members as compared to 7 or 11 provided in the 2014 Bill. The present bill does not have as detailed and diverse provisions with regard to qualification for becoming Chairperson or members as mentioned in the earlier bill. Further, it does not provide for reservation for SCs, STs, OBCs, minorities and women.

SELECTION COMMITTEE OF LOKPAL

DELHI JANLOKPAL BILL, 2014 AMENDED DELHI JANLOKPAL BILL 2015
Section 4 (2) of the Bill says that the Selection Committee would consist of (a) the Chief Minister of Delhi (Chairperson), (b) the Leader of the Opposition in the Legislative Assembly of Delhi, (c) two Judges of the High Court of Delhi selected by the full court of the High Court of Delhi, (d) One person from amongst the previous Chairpersons of the Janlokpal appointed under this Act (provided for the purpose of the first Selection Committee the immediate preceding Lokayukta shall be a Member, (e) two members shall be selected by the above members from amongst the retired Chief Justices of India, the retired Judges of the Supreme Court, the retired Chiefs of Army or Navy or Air Force, the retired Chief Secretaries or Principal Secretaries to the Government, the retired Vice- Chancellors,   the retired Election Commissioners of India, the retired Central Information Commissioners, the retired Chairpersons of Union Public Service Commission, the retired Secretaries to the Govt. of India and the retired Comptroller and Auditor Generals of India with impeccable integrity and outstanding ability, who have not joined any political party after the retirement and who are not holding any office of under any government. NOTE:  Only two (CM and Leader of Opposition) out of seven are from political class and only one is from government. Section 3 (1) (a) of the Bill provides that the Selection Committee would consist of (i) the Chief Justice of the High Court (Chairperson)(ii) the Chief Minister of Delhi, (iii) the Leader of the Opposition in the Legislative Assembly of Delhi and if there is no such leader, a person selected in this behalf by the Members of the Opposition in that House in such manner as Speaker may direct, (iv) the Speaker of the Legislative Assembly, (v) An eminent citizen to be nominated by the above 4 selection committee members, (vi) One judge of the Delhi High Court selected by the full court of the High Court of Delhi, (vii) Chairperson of the Janlokpal as appointed under this act.[Provided that if the current Chairperson of Janlokpal is being considered for selection as Chairperson for a second term, then the Chairperson of Janlokpal shall not be a member]NOTE: In the amended provisions eminent citizen is to be nominated as 5th member by the Chief Justice of the High Court, CM, Leader of Opposition and Speaker. Thus 3 out of 4 selection committee members will be from political class. So he in all probabilities will be the representative of the political interests. Hence, 4 out of 6 (as presently there is no former Chairperson) will in all likelihood represent political interests.

SELECTION PROCESS

DELHI JANLOKPAL BILL, 2014 AMENDED DELHI JANLOKPAL BILL 2015
Sections 4 (3) to (6) and 5 lay down process for search and selection. The Selection Committee shall select out of a short list prepared by the Search Committee. The Search Committee shall consist of five members, who shall be person of eminence and impeccable integrity,   to be nominated by the Selection Committee. The Search Committee shall invite nominations from eminent persons fulfilling the requirement of Section 4. The nominations received shall be put on the website for inviting comments from general public with regard to their suitability. The Search Committee shall collect as much information as possible from all possible sources regarding their background etc. Thereafter, the Search Committee shall prepare, preferably through consensus, a short list comprising five times the number of persons required. Any nomination to which objection is raised by any three members in writing, his/her name shall not be included. The recommendati-ons sent by the Search Committee should, interalia, include details of any allegation faced by such person under any law, reasons for suitability or any other material. The Search Committee before sending their names shall put the names of short listed persons on the website for inviting comments from public. The Selection Committee, after considering all the relevant information about the short listed candidates, shall select the Chairperson and Members preferably through consensus, provided the person shall not be selected if his/her name is disapproved by four members. When more than one member is to be selected, the Selection Committee shall prepare a list in the order of preference which will also be used to determine their inter-se seniority. Willingness of the persons who are going to be recommended shall be ascertained. Section 3 (1) (c) The Selection Committee shall regulate its own procedure for selecting the Members of the Janlokpal.Note- Selection process is ambiguous and there is no provision for search committee. Hence, the procedure is not transparent.

REMOVAL OF CHAIRPERSON OR ANY OTHER MEMBER

DELHI JANLOKPAL BILL, 2014 AMENDED DELHI JANLOKPAL BILL 2015
Section 22 deals with the removal and suspension. The Chairperson or any other member of the Janlokpal shall only be removed from his office by the President, after the High Court of Delhi, on conducting an inquiry, makes a recommendation of removal on any of the following grounds: (a) that he has been guilty of misbehavior or misconduct; or any act of corruption under this Act  (b) that he is unfit to continue in his office by reason of infirmity of mind or body; or (c) is adjudged an insolvent; or (d) engages during his term of office in any paid employment outside the duties of his office.The High Court of Delhi may also direct the suspension of such Chairman or member during the pendency of the proceeding.On receipt of recommendation from the High Court of Delhi, the President shall forthwith remove the Chairperson or the member, as the case may be.The High Court of Delhi shall, as far as possible, make its recommendations within three months of receipt of complaint under this section. Section 6 (1) The Chairperson or a Member of the Janlokpal shall not be removed from his office except by an order of the Lieutenant Governor passed after an address by the Legislative Assembly supported by a majority of the total membership of the legislative Assembly and by a majority not less than two thirds of the members thereof present and voting has been presented to the Lieutenant Governor in the same session for such removal on the ground of proved misbehavior or incapacity.(2) The procedure of an address of the misbehavior or incapacity of the Chairperson or a Member of the Janlokpal under sub-section (1) shall be on the recommendation of an enquiry conducted by the Delhi High Court.Note- In 2014 bill, the Chairperson or a member could be removed by the President on recommendation made by the Delhi High Court after the conduction of a detailed inquiry. Although after amendment the provision for inquiry by the Delhi High Court has been incorporated, the final authority for removal of the Chairperson or a member vests in the Legislative Assembly only.  Thus, a corrupt Chairperson or Member can be protected by the political class even after the High Court holds him\her guilty in an inquiry.

JURISDICTION

DELHI JANLOKPAL BILL, 2014 DELHI JANLOKPAL BILL 2015
Section 2 (e), (f), (l) & (m) define “Government” “Government Servant”, “Public Authority” and “Public Servant”. As per these definitions, it has jurisdiction over public servant who is serving in connection with NCT of Delhi, any such public servant whose services are temporarily placed at the disposal of the Central Government or the Government of another State or a local authority and any officer of the Central Government or other State Government or any authority or body whose services are temporarily placed under the NCT of Delhi. It also, interalia, includes Delhi Police, DDA, NDMC or other Municipal Corporations. Public servants defined under Prevention of Corruption Act. Chief Minister, Ministers, MLAs, Councilors etc. As per Section 7, the Janlokpal may proceed to inquire or investigate into the allegation of ‘corruption’ occurring in the National Capital Territory of Delhi.Note- The 2015 bill, unlike the 2014 bill, gives power to investigate corruption cases of even the Union Ministers and employees working under the Central government.  But the employees of the Delhi Government committing the offences under this Act outside the jurisdiction of the NCT of Delhi will not be covered.  No amendment has been brought in this provision

INVESTIGATION

DELHI JANLOKPAL BILL, 2014 AMENDED DELHI JANLOKPAL BILL 2015
Section 12(1) Notwithstanding anything contained in any other law for the time being in force, the commission shall constitute an investigation wing for the purpose of conducting an investigation of any offence alleged to have been committed with respect to an act of corruption by a public servant and such other persons who may be tried along with such public servant under this Act:Provided that, till such time an investigation wing is constituted by the Commission, the Commission may seek such number of investigating officers and other staff as prescribed from Delhi Police, Government or any other agency for carrying out its functions and activities under Act and such agencies shall provide such officers and staff. Section 10 (1) The Janlokpal may appoint or, with the consent of the government, designate officers or agencies as Investigation Officers, authorized to investigate offences under this Act (hereinafter “Janlpokpal Investigation Officer”).Note- The 2014 bill provides for independent investigation wing. However,  the present bill provides that the Janlokpal may appoint or, with the consent of the government, designate officers or agencies as investigation officer to conduct the investigation.

FINANCES OF JANLOKPAL

DELHI JANLOKPAL BILL, 2014 AMENDED DELHI JANLOKPAL BILL 2015
Section 13: (1) All expenses of the Janlokpal shall be voted to the Consolidated Fund of NCT of Delhi and any other fees or other moneys taken by the Janlokpal shall form part of that Fund.Sub-sections (2 & 3) The Commission shall prepare its budget annually. After sanction of the budget by the Government, it shall incur its expenditure as per financial rules of the Government or the rules made under the Act without any further administrative or financial approval from any Government agency to incur the expenditure. Note: There is no provision regarding finances of Janlokpal.  The earlier bill made specific provisions to make Janlokpal independent from the government.

FUNCTIONAL TRANSPARENCY

DELHI JANLOKPAL BILL, 2014 AMENDED DELHI JANLOKPAL BILL 2015
Section 38 (2) The Janlokpal shall publish every month on its website the list of cases received during the previous month, list of cases disposed of with the brief details of each such case, outcome and action taken or proposed to be taken in that case, list of cases which are pending and minutes and records of Commission meetings and such other matters as maybe prescribed. Note: In the present bill this provision has been done away with and thus, there will be no transparency in the functioning of the Janlokpal.

By Rakesh Manchanda,
Member of AAP

FYI – Arvind Kejriwal needs courage to charge sheet me on any frivolous & remove me and hundreds of more volunteers from the primary membership of AAP.

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