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Lok Pal bill with power to prosecute PM introduced in Lok Sabha

Prime Minister Atal Bihari Vajpayee today introduced the Lok Pal bill in the Lok Sabha.

The bill provides for inquiry into complaints of alleged commitment of offences punishable under the Prevention of Corruption Act, 1988, against public officials, including the prime minister.

According to the bill's statement of objects and reasons, it provides for setting up the office of the Lok Pal with a chairperson and two members for a fixed tenure. With a view to ensuring that the Lok Pal is able to act independently and discharge its functions without fear or favour, the bill provides that the chairperson/member of the Lok Pal shall not be removed from his office, except by an order made by the President on the ground of proved misbehaviour or incapacity.

Such an order could be made after an inquiry by a committee consisting of the Chief Justice of India and two other judges of the Supreme Court next to the Chief Justice in seniority, in which the member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

The chairperson and other members shall be appointed by the President on the recommendations of a committee consisting of the vice-president of India as chairman, and the prime minister, the Speaker of the Lok Sabha and the home minister, the leader of the House to which the prime minister does not belong, leaders of the Opposition in the Lok Sabha and Rajya Sabha as members.

Tracing the history of the bill, Vajpayee pointed out that in its interim report on the 'Problem of Redressal of Citizens Grievances' submitted in 1966, the Administrative Reforms Commission recommended, inter alia, the setting up of the Lok Pal institution.

To give effect to this recommendation, a bill called the Lok Pal and the Lok Ayuktas Bill, 1968 was introduced in the fourth Lok Sabha in 1968. The bill was considered by a joint committee of two Houses of Parliament and it was passed by the Lok Sabha in 1969. While the bill was pending in the Rajya Sabha, the fourth Lok Sabha was dissolved and consequently, the bill lapsed. In 1971, the bill was re-introduced in the Lok Sabha as the Lok Pal and Lok Ayuktas Bill 1971. This bill also lapsed on the dissolution of the fifth Lok Sabha.

A fresh bill called the Lok Pal Bill 1977 was introduced in the Lok Sabha in 1977. The bill was referred to a joint committee of both Houses of Parliament which submitted its report in July 1978.

When the bill, as reported by the joint committee, was under consideration of the Lok Sabha, the House was prorogued and was subsequently dissolved. Consequently the bill lapsed again.

The Lok Pal Bill 1985 was introduced again in the Lok Sabha and subsequently withdrawn.

The Lok Pal Bill 1989, which sought to include the prime minister's office, also within the jurisdiction of the Lok Pal, lapsed with the dissolution of the Lok Sabha again.

The bill was again introduced in the Lok Sabha on September 13, 1996. Thereafter, it was referred to the parliamentary standing committee on home affairs for examination and report. The standing committee presented it report to the Parliament on May 9, 1997. Before the government could finalise its stand on the various recommendations of the committee, the Lok Sabha was dissolved on December 4, 1997.

It is anticipated that a non-recurring expenditure of Rs 2.5 million and a recurring cost of Rs 10 million will be involved in establishing the Lok Pal.

UNI

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