Thursday, December 22, 2011

Lokpal decoded (Hindustan Times)

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As the government and Team Anna debate over the Lokpal Bill, HT brings you how the anti-corruption body will work once it comes into action.

How the lokpal will be set-up- Lokpal chairperson and eight members will be appointed by a selection panel comprising the Prime Minister, Lok Sabha Speaker, leader of the opposition, Chief Justice of India or a judge nominated by him and an eminent jurist to be nominated by the President 
- The selection panel will get the names of nominees for Lokpal from a search committee
- The term of the Lokpal chairperson and members will be five years
How lokpal will function- After receiving a complaint against any public servant, the Lokpal will decide whether it merits a preliminary inquiry
- Lokpal's inquiry wing will submit a report within 60 days on its preliminary inquiry
- A three-member Lokpal bench will then decide whether to ask any probe agency (CBI) to register a case and proceed against the public servant
- The probe agency will have to complete its investigation within six months
- The Lokpal bench will then consider the probe report and ask its prosecution wing to file a chargesheet in a special court, depending on the probe findings
- One opportunity will be given to a public servant to present his/her views against whom the probe is being conducted
- Lokpal will not require any sanction from a competent authority of a public servant either at the time of initiating a preliminary inquiry or filing a chargesheet in court
- Special courts will have to decide the case within a year.
- Appeals against orders of the Lokpal cane be filed in the Delhi High Court and the Supreme Court.
Expenses of the lokpal- All salaries, allowances and pensions payable to all its staff – shall be charged from the Consolidated Fund of India
- The Lokpal shall prepare its budget estimates for the next year during the current financial year to allow the government to have an idea of its expenses and make advance provisions for it.

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