Lokpal Bills' Comparison

COMPARISON OF LOKPAL BILLS OF GOVERNMENT AND CIVIL SOCIETYMEMBERS OF THE LOKPAL DRAFTING COMMITTEEBy Anuj Kapoor Particulars and whether incomplete agreement (CA),substantial agreement (SA),substantial disagreement(SD).Bill by Civil Society Members of the Drafting CommitteeBill by Government’sMembers in the DraftingCommitteeOverriding effect (CA)The Act to have overridingeffect over and any existing provision repugnant to provisions of this act would bedeemed to have been amended tothat effect-do-Constitution (SA)Chairperson plus 10 other members along with its officersand employees.At least 4 to have legal background, not more than 2 to beformer civil servantsChairperson plus tenmembers.At least 4 to be Judicialmembers.Secretary and other staff alsoto be appointedEligibility for Chairpersonand members of Lokpal(SA)Impeccable integrity, havingrecord of public service particularly in the field of fighting corruptionChairperson/Member:impeccable integrity,outstanding ability andstanding having knowledgeof, and professionalexperience of not less than25 years.Judicial Member: Chief Justice of HC or judge SCOn appointment, oath byChairperson and membersof Lokpal before whom(CA)President-do-Appointment by(SD)Selection committee consisting of the PM as the Chairperson, Leader of Opposition in Lok Sabha, two judges of SC and two Chief Justices of HCs. SelectionPresident on recommendation by Selection Committeeconsisting of PM asChairperson, Speaker of Lok Sabha, Leader of House other than House to which PM

committee shall be bound to selectChairperson and other membersout of the short list prepared bySearch Committee. belongs, Minister of HomeAffairs of govt of India,Leader of Opposition in Lok Sabha, sitting judge of SCand sitting CJ of HC bothnominated by CJI, Presidentof National Academy of Sciences or senior most National professor, CabinetSecretarySearch Committee (SA)Has got a search committee of tenmembers whose job will be tocollect and assess informationabout candidates and makerecommendations to the selectioncommittee. 5 members of searchcommittee to be appointed bySelection committee from amongstretired CJIs, retired CEC andretired Comptroller and Auditor General who are independent of membership of any political party.These 5 members to appoint 5more members from civil society.Procedure of work for searchcommittee laid down.The short list prepared by SearchCommittee to have name of 3times the number of members to be appointed.Search Committee optional atthe choice of the SelectionCommittee. No mention whether therecommendation of searchcommittee will be binding or not. No procedure laid down for search committee, if constituted.Public participation inappointment process (SD)Scope for public participation,meetings between selectioncommittee and search committeeto be video recorded and made public. Search committee to put upnominations on website for comments before it makes gives itsshort list to the selectioncommittee. No such provisionsDecision making by selectioncommittee (SD)If 3 or more members of Selectioncommittee disapprove a particular candidate, then he shall not beappointed Not specified; Selectioncommittee to regulate its own procedure

Till when appointments totake place (SD)Institution of first lokpal withchairperson and members to beready within six months No such provisionVacancy when filled (SA)New Chairperson/Member to beappointed 3 months beforeexpiry of existing term. If vacancy due o unforeseencircumstances, to be filled within3 months-do- No provision for vacancy dueto unforeseen circumstancesPersons not eligible to beChairperson or member (SD) Not a citizen, any person ever charged for any offence involvingmoral turpitude, person less than45 years in age, person who was inservice of any government withinlast two years. No such provisionChairperson and member to be ineligible to hold other office (CA)Shall not be a MP/MLA, shallnot hold any office of trust or profit (other than his office as aChairperson or member) or beconnected with any political party or carry on any business or practice any profession, and if heis any of these then he shallcease to do/be the same.-do-Terms of office etc (CA)Term: 5 years or till theattainment of 70 years of age,whichever is earlier;While Chairperson gets sameallowance and salary as theChief Justice of India, themembers get the same as the judges of the Supreme Court.Terms not to be varied to hisdisadvantage after appointment-do-Ineligibility of holdingother offices after personceases to hold office of Chairperson/member (CA)Ineligible for: position in thecentral or state govt or any such body which is funded by any of the govts or for contestingelections to Parliament, StateLegislature or local bodies.Ineligible for appointmentas: Chairperson/member of Lokpal (again), anydiplomatic assignment,administrator of Unionterritory, any appointment