Sunday 2 February 2014

PEOPLE'S RULE - SWARAJ

60 years ago India's founding forefathers had a dream for all of us - a dream of an equal and just society where every man, woman and child has the right and privilege to lead a fulfilling and nurturing life, free from all kinds of oppression. This was a dream and a hope over 60 years ago. The Constituion of India and specifically the Preamble to the Constitution of India, defines a clear roadmap for the future of our country wherein the common man and woman hold the power to decide their destiny.

Today nobody can say that India has achieved this dream. Before independence the common man was a slave to foreign powers; today he has become a slave of the political system of our country. There is a new master in our country today - the political Neta. This Neta, who asks for our votes during elections, and then forgets us after he wins, this political entity decides the common man's destiny.

But every civilisation reaches a plimsoll line of tolerance. This is our line. India's common man has had enough of oppression, inequality, injustice and unkept promises. For the last 2 years the anti corruption movement has galvanised the country from end to end into one common voice - a voice that is demanding a complete rehaul in the way political parties and their leaders function.

This national demand for a change in the way our political system works has forced our anti corruption drive to enter the political arena to clean it from the inside. Politics itself is not a dirty word - it is our current breed of politicians who have made it dirty. Our Party wants to make politics a noble calling once again.

The biggest problem facing our democracy today is that no one in government can or wants to hear the common man's basic needs. This is the situation in the whole of our country. People need basic amenities and the government provides something else. Decisions affecting millions of  common Indians are taken by a few select leaders of the ruling party in Parliament. Democracy has become a slave of the leader of the ruling-party.

We believe that good governance happens when people have the power to influence decisions that shape their life.  This is a major change that India needs badly. No present day party will usher in this systemic change. For this very reason, ouranti corruption movement has been forced to enter politics.

The Aam Aadmi party, the common man's party, wants to overhaul the 3 pillars of our democracy and make them accountable for their actions to the people of India. The following is the roadmap we aim to follow:-

1. The Executive
Today all big and small decisions that affect the nation are taken by a few select members of this body of governance. Once the ruling party comes to power, a few top leaders at the head of the party and a handful of influential corporate honchos decide all policies. Where is the voice of the common man in this decision making process? There is no Right to Recall in our country today. So once we elect a leader, we are stuck with him for 5 years. And this gives the current breed of politicians enough time to loot the resources of the country.
Is this the true meaning of Democracy? Of course not. In a true democracy The people have the power. Governments should be responsible to the people, not the other way around. This is the goal of Aam Aadmi Party - to give the power back in the hands of the people of India. This is SWARAJ or self rule - but can it be done practically?
The answer is YES!
SWARAJ can be created in a fully democratic system and many countries in the world have done it. India can also create a system which makes the government directly responsible to the people. Aam Aadmi Party aims to decentralise the system of governance in such a way that people can influence the policies that affect their local area. All the provisions to create SWARAJ are defined in the Constitution of India. All it takes is the political will to implement the spirit of the Constitution on the ground level. No political party in India today will do this. It is this corrupt and selfish current political system, that forms the Executive pillar of our democracy, that we aim to change.

2. The Legislature
The common men and women of India elect the MLAs and MPs and send them to Parliament. These chosen few then betray the trust of the common man and make unfair and corrupt policies and take unilateral decisions that affect the lives of millions of Indians. In the current system once we elect our representatives, the common people have no recourse to have a say in the law making and policy formulation process. And in this India is one of the 5 unfortunate countries in the world which do not have constitutional provisions to allow people's participation in policy making.

All the other democracies in the world have 2 such provisions - REFERENDUM and INITIATIVE. In these countries if a pre determined majority of the population consider a law unfit for the people, they can reject it and send it back to their elected representatives. This is called Referendum. Similarly, if a pre determined majority of the population considers a law necessary for their nation, through a clearly defined procedure the people can send the law to their chosen representatives and this right is termed Initiative. These are just two examples of how democracy can be made truly participatory and representative, if the political system supports it. Our party is committed to giving these two rights of REFERENDUM and INITIATIVE to the people of India.  


3. The Judiciary
Today if a common man wants a lawyer to represent him in either the Supreme Court or a High Court, he needs lakhs of rupees to afford legal representation. Justice in India today is so expensive that it is out of reach for a common man. The only way a poor person can appeal to the highest judicial courts is if some lawyer agrees to fight the case at nominal cost. This means that you can have justice in India today as a charity, but not as a right.

This is not the justice for all that is envisioned in the Preamble to the Constituiton of India. Access to the highest level of justice is a fundamental right of every Indian and should be made easily available to the common man. Our party plans to implement long overdue judicial reforms in order to create a judicial system easily accessible and affordable for all Indians.

RIGHT TO REJECT
When we go to cast our vote, we know that almost all the candidates are either corrupt or criminals.  But our current voting system forces us to choose any one candidate and waste our vote on someone we know is unfit for the job. We the people's party plan to give the voter an alternate choice - a Reject All button.  All  voting machines shall have a “reject all” button at the bottom. If you dislike all candidates, you will have an option to use this button. If this button gets majority of votes, the elections to that constituency will be cancelled and fresh elections will be held within a month. The parties and candidates rejected in the cancelled elections will forfeit their right to contest again in the re-elections.
 
RIGHT TO RECALL
Today we give our vote to a candidate, he or she wins the election, and then they disappear from our life. Today most elected representatives make no time to listen to the problems of their constituents. And in the current electoral system, the people have no choice but to suffer this candidate for 5 years. We want to create an alternative.  We will enact a Right to Reject law wherein the common man does not have to wait for 5 years to remove a corrupt MLA or MP from office.   People can complain to the election commission anytime to recall their representative and call for fresh elections.

We want to create a system where the political leaders we elect and place in the Parliament are directly responsible to the voters who elected them. Our party's vision is to realise e dream of SWARAJ that Gandhiji had envisaged for a free india - where the power of governance and rights of democracy will be in the hands of the people of India.

JAN LOKPAL BILL 2011


A Bill to establish an independent authority to investigate offences under the Prevention
of Corruption Act, 1988 to detect corruption by expeditious investigation and to
prosecute offenders and to ensure timely redressal of certain types of public grievances
and to provide protection to whistleblowers. 
Be it  enacted by Parliament in the Sixty-first Year of the Republic of India as follows:- 
CHAPTER I 
PRELIMINARY 
1. (1) This Act may be called the Jan Lokpal Act, 2011. 
(2) It shall come into force on 120th day of its securing assent from the President of
India. 
2. Definitions: 
In this Act, unless the context otherwise requires:- 
(a) “Board” means the Chairperson and the other members of the Lokpal Collectively. 
(b) “Complaint” means an allegation of corruption or a request by whistleblower for
protection and appropriate action. 
(c ) “Lokpal” means and includes, 
(i) Benches constituted under this Act and performing functions under this Act; 
(ii) Any officer or employee performing under this Act, 
(iii) The Board in rest of the cases;  
(d) “Lokpal Bench” means a Bench of 2 or more members of the Lokpal acting together
in respect of any matter in accordance with the regulations. Each bench shall have a
member with legal background. 
(e) “Act of corruption” includes -: 
i) Any act made punishable under Chapter IX of the Indian Penal Code or under the
Prevention of Corruption Act, 1988; which would also include any offence committed by
an elected member of a house of legislature even in respect of his speech or vote inside
the house. 
ii) willfully giving any undue benefit to any person or obtaining any benefit from any
government servant in violation of any laws or rules, 
iii) victimization of a whistleblower or a witness. 
iv) repeated violation of citizen’s charter by any government servant. 
vi) A willful violation of the guidelines laid down in Section 31 pertaining to financial
agreements signed or undertaken between any public authority/servant and any private
entity. 
 (f) “Full bench” means a bench with seven members with or without the Chairperson 
(g) “Government Servant” means an officer who is serving or has served in the efforts of
the Union. ,  excluding any elected representative or a judicial officer. 
(h) “Grievance” means a claim by a person that he could not get satisfactory redressal
according to a citizens’ charter despite approaching a Grievance Redressal Officer of
that Department; 
(i) “Judicial officer” means the officers appointed under section 22 of this Act. 
(j) “Penalty” under this Act means punishment of dismissal, removal or reduction in rank 
(k) “Public authority” means any authority or body or institution of self-governance
established or constituted – 
i) by or under the Constitution; or 
ii) by or under any other law made by the Parliament, or a state legislatureiii) by
notification issued or order made by the Government, and includes any body owned,
controlled or substantially financed by the Government; 
(l) “Public servant” shall mean any officer as defined in section 2(c) of Prevention of
Corruption Act 1988 and who is serving, or has served in connection with the affairs of
the union. 
(m) “Whistleblower” means any person, who provides information about corruption in a
public authority or is a witness or victim in that case or who faces the threat of 
(i) professional harm, including but not limited to illegitimate transfer, denial of
promotion, denial of appropriate perquisites, departmental proceedings, discrimination
or 
(ii) physical harm, or 
(iii) is actually subjected to any harm; 
because of either making a complaint to the Lokpal under this Act, or for filing an
application under the Right to Information Act, 2005 or by any other legal; action aimed
at preventing or exposing corruption or mal-governance. 
3. Notwithstanding anything in any other Act or Law the provisions of this Act shall
prevail and to the extent that the provisions of this Act are repugnant to any other
provision in any other Act or law, the provisions in other Acts or laws shall stand
amended to the extent of such repugnancy.  
CHAPTER II 
ESTABLISHMENT OF LOKPAL 
4. (1) Immediately after the commencement of this Act, the Central Government by a
Notification shall establish an institution known as Lokpal, which would have
administrative, financial and functional independence from the government.(2) The
Lokpal shall consist of a Chairperson and 10 other members and various officers under
them at different levels to perform such functions as are assigned to them under this
Act. 
(3) The Chairperson and the 10 members of the Lokpal shall be appointed by the
President on the recommendation of a Selection Committee. 
(4) The following shall not be eligible to become Chairperson or Member of Lokpal: 
(a) Any person, who is not a citizen of India, or 
(b) Any person, against whom charges were ever framed by any court of law for any
offence involving moral turpitude, or 
(c) Any person, who is less than 45 years in age, or 
(d) Any person, who was in the service of any government and has remitted office
within the last two years, either by way of resignation or retirement. (5) At least four
members of Lokpal shall have a legal background. 
Explanation: “Legal Background” means that the person should have held a judicial
office in the territory of India for at least ten years or should have been an advocate in a
High Court or the Supreme Court for at least fifteen years. 
(6) The Selection Committee shall consist of the following:- 
(i) The Prime Minister of India, who will be the Chairperson of the Selection Committee. 
(ii) The Leader of the Opposition in the Lok Sabha 
(iii) Two judges of Supreme Court of India and two permanent Chief Justices of the High
Courts selected by collegium of all Supreme Court judges 
(v) The Chief Election Commissioner of India 
(vi) The Comptroller & Auditor General of India 
(vii) The previous 3 Chairpersons of Lokpal, except those who may have been removed 
from office for misconduct.(7) The Selection Committee shall select the Chairperson and
the other members of the Lokpal from out of a short list prepared by the Search
Committee. The Chairperson shall be a person with extensive knowledge of law. (8) A
Search Committee shall consist of 10 members. 5 of its members shall be selected by
the Selection Committee from amongst the retired Chief Justices of India, the retired
Chief Election Commissioners and the retired Comptroller and Auditor Generals with
impeccable reputation of integrity, who have not joined any political party after
retirement and who are not holding any office under any government. The 5 members
so selected shall, through consensus, co-opt another 5 members from the Civil Society in
the search committee. 
(9) The Search Committee before preparing the short list will invite nominations from
such eminent individuals or such class of people, whom they deem fit, for the position
of Chairperson or the members of the Lokpal. 
(10) Only persons with impeccable integrity and record of public service particularly in
the field of fighting corruption shall be eligible for being considered for nomination. 
(11) The recommendations about nominees should, interalia, contain details of any
allegations faced by that candidate under any law, details of his work against corruption
in the past, reasons why that person is suitable for the job and any other material that
the search committee may decide. 
(12) The search committee, using any other means, shall collect as much information
about the background and past achievements of these candidates. 
(13) Such nominations as are received shall be put on a web site for inviting comments
from the people with regard to the suitability or otherwise of the nominees. 
(14) The Search Committee after taking into consideration the comments/information
received from the public shall prepare, preferably through consensus, the short list of 3
times the number of persons to be appointed as members of the Lokpal. 
(15) Any nominations to which objections are raised by any 3 members of the Search
Committee shall not be included in the short list. (16) Before sending the short list to the
Selection Committee, the Search Committee will get the names of the short listed
persons put on a public web site to enable people to send any relevant
information/comments about the shortlisted persons. 
(17) The Selection Committee shall, after considering all relevant information about the
short listed candidates, select the required number of persons preferably through
consensus. However, a person shall not be selected if 3 members of the Selection
Committee disapprove such names. 
(18) The Selection Committee after selecting the persons to be appointed as members
or Chairperson of the Lokpal shall ascertain their willingness to serve as members or
Chairperson, as the case may be, before recommending the names to the President. 
(19) The Government shall fill up a vacancy of the Chairperson or a member 3 months
before the member or the Chairperson is due to retire. If the vacancy arises due to
unforeseen reasons, it shall be filled within three months of such vacancy arising. 
(20) The Officers in the Lokpal shall be appointed by the Board or any other authority
designated by the Regulations whether on a permanent basis or on a temporary basis. 
(21) The Chairperson or members of Lokpal shall not be serving member of either the
Parliament or the Legislature of any State and shall not hold any office of profit (other
than the office as Chairperson or member) or carry on any business or practice any
profession and accordingly, before he enters upon his office, a person appointed as the
Chairperson or member of Lokpal shall- 
(i) if he holds any office or profit, resign from such office; or 
(ii) if he is carrying on any business, sever his connection with the conduct and
management of such business; or 
(iii) if he is practicing any profession, suspend practice of such profession, or 
(iv) if he is associated directly or indirectly with any other activity, which is likely to
cause conflict of interest in the performance of his duties in Lokpal, he should suspend
his association with that activity. Provided that if even after the suspension, the earlier
association of that person with such activity is likely to adversely affect his performance
at Lokpal, that person shall not be appointed as a member or Chairperson of Lokpal. 
(22) A person appointed as the Chairperson or member of Lokpal shall hold office for a
term of five years from the date on which he enters upon his office or upto the age of
70 years, whichever is earlier; 
Provided that ,- 
(a) the Chairperson or member of Lokpal may, by writing under his hand addressed to
the President, resign from his office; 
(b) the Chairperson or member may be removed from office in the manner provided in
this Act. 
(23) There shall be paid to the Chairperson and each member a salary equal to that of
the Chief Justice of India and that of the judge of the Supreme Court respectively; 
(24) The allowances and pension payable to and other conditions of service of the
Chairperson or a member shall be such as may be prescribed by the government; 
Provided that the allowances and pension payable to and other conditions of service of
the Chairperson or a member shall not be varied to his disadvantage after his
appointment. 
(25) The Chairperson and members of Lokpal shall not be eligible for appointment to
any position in the Government of India or the government of any State or any such
body which is funded by any of the Governments or for contesting elections to
Parliament, State Legislature or local bodies. 
5. The Lokpal shall select and appoint a Secretary to the Lokpal who will have the rank of
Secretary to the Government of India. He shall be competent to authenticate all orders
passed by the Lokpal.  
CHAPTER III  POWERS AND FUNCTIONS OF THE LOKPAL AND ITS OFFICERS 
Functions of Lokpal: 
6. The Lokpal shall have the following functions: 
a) to get offences involving any act of corruption investigated and to exercise exercise
superintendence over such investigations. b) to give directions to the investigating
officers for the purpose of proper investigation of such offences. c)to recommend
punishment of dismissal, removal, or reduction in rank after completion of investigation
of complaints of corruption against government servants.d) to ensure that the public
grievances covered by this Act are redressed in a time bound manner 
e) to initiate and ensure proper prosecution under the Prevention of Corruption Act,
1988 before a Special Court established by the High Courts, as prescribed in Section 20. 
g) to provide by rules, the terms and conditions of service including the allowances and
pension payable to the officers and staff of the Lokpal. 
h) to authorize a Bench of the Lokpal to issue letters-rogatory in relation to any case
pending investigation under this Act. 
i) to receive complaints from whistle blowers. 
j) to receive complaints against any officer or staff of Lokpal. 
k) to recruit investigating officers and other officers and staff and get them trained in
modern methods of scientific investigation. 
(l) to appoint  prosecutors, senior counsels and judicial officers as prescribed in Section
22.. 
(m) to acquire modern equipment necessary for proper investigation. n) to attach
property and assets acquired by corrupt means and to confiscate them in certain cases
as provided under this Act. 
(o) to recommend cancellation or modification of a lease, license, permission, contract
or agreement, if it was obtained by corrupt means and to recommend blacklisting of a
firm, company, contractor or any other person, involved in an act of corruption. The
public authority shall either comply with the recommendation or reject the same within
a month of receipt of recommendation. In the event of rejection of its recommendation,
the Lokpal may approach appropriate High Court for seeking appropriate directions to
be given to the public authority. 
p) to ensure due compliance of its orders by imposing penalties on persons failing to
comply with its orders as provided under this Act. 
q) to initiate suo moto appropriate action under the Act on receipt of any information
from any source about any corruption. 
r) to make recommendations to public authorities, in consultation with them, to make
changes in their work practices to reduce the scope for corruption and whistleblower
victimization. The concerned authority shall send its compliance report to Lokpal within
two months specifying detailed reasons, wherever they choose to reject any of the
recommendations. 
s) to prepare a sentencing policy for the offences under Prevention of Corruption Act
and revising it from time to time. 
t) to ensure that the time limits mentioned in this Act are strictly adhered to. 
u) to ensure the integrity of its functionaries and impose punishments of dismissal,
removal and reduction in rank against. 
v) to require any public authority to render any specific help required by the Lokpal. 
w) to prepare an appropriate reward scheme to encourage complaints from within and
outside the government to report acts and evidence of corruption. 
Provided that the total value of such reward shall not exceed 10% of the value of the
loss recovered or loss prevented.(x) to inquire into the assets declaration statements
filed by all successful candidates after any election to any seat in any House of the
Parliament. 
(y) Such other functions as may be necessary for the proper implementation of this Act.   
Powers of the  Lokpal 
7. (1) The Investigating Officers of Lokpal authorized to investigate offences under the
Prevention of Corruption Act 1988 shall have all the powers which are vested in a Police
Officer while investigating offences under the Code of Criminal Procedure, as well as the
powers conferred on the director of enforcement under the Foreign Exchange
Management Act, 1999 as well as under the Prevention of Money Laundering Act, 2002. 
(2) The members of Lokpal or any officer under the Lokpal while exercising any powers
under the Act shall have the powers of a civil court trying a suit under the Code of Civil
Procedure, 1908, and in particular, in respect of the following matters : 
(a) summoning and enforcing the attendance of any person from any part of India and
examining him on oath; 
(b) requiring the discovery and production of any document; 
(c) receiving evidence on affidavits; 
(d) requisitioning any public record or copy thereof from any court or office; 
(e) issuing commissions for the examination of witnesses or other documents; and 
(f) any other matter which may be prescribed 
(3) All members of the Lokpal and all officers of the Lokpal superior in rank to an
Investigating Officer may exercise the same powers as may be exercised by such
Investigating Officer. (4) A Lokpal bench may punish any person government servant
with fine not exceeding 1 lac.if he fails to comply with its orders for ensuring their
compliance.
 
(5) If during the course of investigation into a complaint, the Lokpal feels that
continuance of a government servant in that position could adversely affect the course
of investigations or that the said government servant is likely to destroy or tamper with
the evidence or influence the witnesses or is likely to continue with corruption, the
Lokpal may issue appropriate directions including suspension or transfer of that
government servant from that position.
(6) For the purposes of investigation of offences related to acts of corruption, the
appropriate Bench of the Lokpal shall be deemed to be designated authority under
Section 5 of the Indian Telegraph Act empowered to approve interception and
monitoring of messages of data or voice transmitted through telephones, internet or
any other medium as covered under the Indian Telegraph Act read with Information and
Technology Act 2000 and as per rules and regulations made under the Indian Telegraph
Act 1885.
(7) The Lokpal may, at any stage of investigation under this Act, direct by an interim
order, appropriate authorities to take such action as is necessary, to prevent the public
servant from secreting the assets allegedly acquired by him by corrupt means; 
(8) While investigating any offence under Prevention of Corruption Act 1988, Lokpal
shall be competent to investigate any offence under any other law in the same case. 
(8) If during any investigation under this act, the Lokpal is satisfied that any preventive
action is necessary in public interest to prevent the ongoing incidence of corruption, it
may make any recommendation to the public authority concerned to stay the
implementation or enforcement of any decision or take any such action as is
recommended by the Lokpal. The public authority shall either comply with the
recommendation of the Lokpal or reject the same within 15 days of the
recommendation thereof. In the event of rejection of its recommendation, the Lokpal
may approach the appropriate High Court for seeking appropriate directions to be given
to the public authority.  
Issue of search warrants: 9. (1) Where, in consequence of information in his possession,
the Lokpal 
(a) has reason to believe that any person – 
(i) to whom a summon or notice under this Act, has, been or might be issued, will not or
would not produce or cause to be produced any property, document or thing which will
be necessary or useful for or relevant to any inquiry or other proceedings to be
conducted by him; 
It may by a search warrant authorize any officer not below the rank of an Inspector of
Police to conduct a search or carry out an inspection in accordance therewith and in
particular to, enter and search any building or place where he has reason to suspect that
such property, or document, is kept; 
(2) The provisions of the Code of Criminal Procedure, 1973, relating to search and
seizure shall apply, so far as may be, to searches and seizures under sub-section (1). 
(3) A warrant issued under sub-section (1) shall for all purposes, be deemed to be a
warrant issued by a court under section 93 of the Code of Criminal Procedure, 1973.   
CHAPTER IV 
PROCEEDINGS OF LOKPAL 
10. (1) The Lokpal may regulate the procedure for the transaction of its business or that
of its officers as also allocation of its business amongst the different benches of Lokpal. 
(2). No act or proceeding of the Lokpal shall be invalid merely by reason of : 
(a) any vacancy in, or any defect in the constitution of Lokpal ; 
(b) any defect in the appointment of a person acting as a member of Lokapl ; or 
(c) any irregularity not affecting the merits of the case 
(3) All policy level decisions including formulation of regulations, assignment and
delegation of functions and powers shall be taken by the Board in accordance with
regulations. 18 
(4) A complaint by any person may be made in the form of a First Information Report as
provided under the Code of Criminal Procedure which will not require any payment of
fee or affidavit and could be sent to any office of the Lokpal and shall not be rejected
merely on the basis of motive or intention of the complainant. 
(5) The investigation in any case shall not be closed by the investigating officer without
recording reasons for such closure. 
(6) The hearings in any proceedings before the Lokpal shall be held in public except in
exceptional circumstance where it is not in public interest to do so and the reasons for
the same shall be recorded in writing before those proceedings are held in camera. The
hearings held in public shall be video recorded and shall be made available to the public
on payment of copying cost.  
CHAPTER V 
ACCOUNTABILITY OF LOKPAL 
Removal of Chairperson or members of Lokpal: 
11. (1). The Chairperson or any other member of the Lokpal shall only be removed from
his office by the President, on the recommendation of the Supreme Court on any of the
following grounds after the Supreme Court, on the complaint of any person, held an
inquiry and found that he could on such ground be removed : 
(a) that he has been guilty of misbehavior; or 
(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. 
(2) In any such proceeding the Supreme Court may also direct the suspension of such
Chairperson or member. (3) On receipt of recommendation from the Supreme Court,
the President shall forthwith remove the Chairperson or the member, as the case may
be. 
(4) Supreme Court shall, as far as possible, make its recommendations within 3 months
of receipt of complaint under this section. 
(5) If the complaint is frivolous or has been made with malafide intentions, Supreme
Court may impose a fine of an amount considered appropriate by iton the complainant.   
Appeals against the orders of Lokpal: 
12. Any orders passed by any bench of the Lokpal or any officer of the Lokpal shall be
subject to the writ jurisdiction of the High Court under Article 226 of the Constitution of
India. However, if it does, it will have to decide the case within two months, else the
stay would be deemed to have been vacated after two months and no further stay in
that case could be granted.   
Audit of Lokpal: 
13. (1) The CAG shall conduct an annual financial and performance audit of the Lokpal. 
(2) A Parliamentary Committee shall do an annual appraisal of the functioning of Lokpal.
The Lokpal shall submit a compliance report, mentioning detailed reasons where it does
not accept the recommendations of this committee, to the Parliament. It shall be placed
on the table of the two Houses of Parliament. 
Reports of Lokpal: 
14. (1) The Chairperson of Lokpal shall present annually a consolidated report in the
prescribed format on its performance to the President (2) On receipt of the annual
report, the President shall cause a copy thereof together with an explanatory
memorandum to be laid before each House of the Parliament. 
(3) The Lokpal shall publish every month on its website the list of cases received during
the previous month, list of cases disposed with 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 Board meetings. 
CHAPTER VI 
ACCOUNTABILITY OF OFFICERS OF LOKPAL 
Independent Complaints Authority: 
15. (1) In each State, one or more complaints authority would be established by the
Lokpal to entertain any complaints against any officer or staff of the Lokpal. 
(2) Such complaints authority shall consist of 5 members to be selected and nominated
by a Committee of 3 persons consisting of: 
i) The Chief Justice of the High Court of the State; 
ii) The Chairperson of the State Lok Ayukata 
iii) The Chairperson of the State Human Rights Commission 
(3) The Complaints Authority shall be chaired by a retired High Court judge and shall
have two retired civil servants and two members of civil society. 
(4) The complaints received against any officer or staff of the Lokpal shall be inquired
into by the Complaints Authority in a public hearing and shall be decided within 2
months of the receipt of the complaint. The officer or staff of the Lokpal shall be given
proper opportunity to tender his defence. If the officer or member is found guilty of
misbehavior or dishonest investigation or corruption, the authority may order his
dismissal, removal or reduction in rank. (5) The final orders passed by the Complaints
Authority will be subject to the writ jurisdiction of the High Court under Article 226 of
the Constitution. 
(6) In suitable cases it would also be open to the complaints authority to direct
suspension of the officer or staff of the Lokpal. 
(7) Lokpal shall provide for the expenses related to the functioning of complaints
authority. 
(8) Complaints authority shall work in benches in accordance with regulations made
under this Act. 
Transparency within Lokpal: 
16. The Lokpal shall maintain complete transparency in its functioning and shall ensure
that full records of any investigation or inquiry conducted under this Act after its
conclusion is made public by being put on a public web site. 
CHAPTER VII 
INVESTIGATION AND PROSECUTION AGAINST HIGH FUNCTIONARIES 
17. (1) No investigation or prosecution shall be initiated without obtaining permission
from a 7-Member Bench of the Lokpal against any of the following persons:- 
i) The Prime Minister and any other member of the Council of Ministers 
ii) Any judge of the Supreme Court or any High Court 
iii) Any Member of the Parliament 
CHAPTER VIII 
POWERS OF LOKPAL TO MAKE REGULATIONS 18. (1) The Lokpal may by notification
make regulations consistent with this Act to carry out the provisions of this Act. 
(2) In particular and without prejudice to the generality of the power contained in sub-
section (1) any such regulations may provide for all or any of the following matters,
namely:- 
a) the creation of different wings in the Lokpal to deal with different subjects like
investigation, prosecution and grievances; 
b) the conferment of authority on officers at different levels to exercise powers under
the Act and to lay down the procedure for any inquiries including those relating to
complaints against its officers or members of staff ; 
c) periods within which the investigations and inquiries have to be completed 
d) To provide for the taking of certain decisions by appropriate benches of the Lokpal by
circulation only. 
(e) Work norms for each category of officers and staff of Lokpal. 
(3) The regulations framed by the Lokpal under this Section shall be laid, as soon as may
be after they are issued or made, before each House of Parliament. 
CHAPTER IX 
REMOVAL OF DIFFICULTIES 
19. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, on the recommendation of the Lokpal, by order, not inconsistent with
the provisions of this Act, remove the difficulty provided that no such order shall be
made after the expiry of a period of 2 years from the date of commencement of this Act. 
(2) Every order made under this section shall be laid before each house of Parliament.  
CHAPTER X TIMELY COMPLETION OF INVESTIGATION AND TRIALS FOR CORRUPTION 
20. (1) Every investigating officer shall endeavour to complete the investigation of an
offence within a period of 6 months but when necessary he may obtain extension of
time from a Bench of the Lokpal. In any case the period of investigation shall not extend
18 months. 
(2). Every effort will be made by the special courts trying an offence under the
Prevention of Corruption Act to complete the trial within a maximum period of 12
months. 
(3). To achieve the objective of a speedy trial the Lokpal shall make an annual
assessment of the number of special courts required for this purpose and shall make a
recommendation to the Government for creating a specific number of special courts
which recommendations shall be binding on the Government. 
(4) The Chief Justices of High Courts will constitute such number of special benches in
respective High Courts to hear cases under this Act, to ensure that an appeal in any case
is decided as expeditiously as possible and not later than six months. 
(5) The judges of Special Courts and the appellate benches set up by High Courts to hear
cases under this Act will deal only with cases under this Act.  
CHAPTER XI 
WHISTLE BLOWERS 
21. (1) Any public official or any other person having information of any corruption in
any public authority would be encouraged to send the information confidentially to the
Lokpal; and it shall be the duty of the Lokpal to get an inquiry made into such
information and if necessary get an investigation made under the Prevention of
Corruption Act. (2). It shall be the duty of the Lokpal to provide full protection to whistle
blowers from any physical harm or administrative harassment. Identity of such whistle
blowers shall also be protected if the whistle blower so desires. 
(3). For achieving this objective it shall be competent for the Lokpal to give suitable
direction to any security agencies for providing security as well as to any other authority
to ensure that no harassment is caused to such whistle blower. 
(4). Orders under this section shall be passed expeditiously and in any case within a
month of receipt of complaint. Immediate action will be taken in cases involving a threat
of physical victimization. 
(5) The investigations in complaints by whistleblowers facing physical or professional
victimization shall be fast tracked and completed within three months of receipt of the
same.  
CHAPTER XII 
PENALTIES AND PUNISHMENTS AGAINST CORRUPT GOVERNMENT SERVANTS 
Penalties: 
22. (1) After the completion of an investigation against any government servant the
Lokpal may, apart from initiating prosecution against such government servant, may
also initiate proceedings for imposition of penalty or both. 
(2) Lokpal shall appoint such officers, who may be retired judges or retired civil servants
or such others as may be provided, to act as judicial officers for the purpose of this
section, on such terms and conditions as may be provided in regulations. 
(3) A bench of judicial officers will conduct an inquiry against such government servant
for imposition of penalty in which full opportunity to show cause would be given to such
government servant. After conclusion of the inquiry the bench shall also determine the
penalty, if any, to be awarded to that government servant. The decision of the bench
will be subject to approval by a higher authority prescribed by the Lokpal through
regulations. 
(4) The decision so approved shall be sent as a recommendation to the Appointing
Authority. Further, the recommendations shall be binding on the appointing authority. 
Punishments: (Make all changes here)
23. (1) For any act of corruption falling under sub-clause (1) of Section 2 (e), , the
punishment shall not be less than six months of rigorous imprisonment and may extend
up to imprisonment for life. 
(2) Any act of corruption falling under sub-clauses (2), (3) and (4) of Section 2 (e), shall
constitute an offense punishable by rigorous imprisonment of upto 6 months or a fine of
upto Rs 1 lac or both. 
(2) The Special Court may take into consideration the higher rank of an accused person
to inflict a more severe punishment. 
(3) If the beneficiary of an offense is a business entity, in addition to the other
punishments provided for under this Act and under the Prevention of Corruption Act, a
fine of up to five times the loss caused to the public shall be recovered from the accused
and the recovery may be made from the assets of the business entity and from the
personal assets of its Managing Directors, if the assets of the accused person are
inadequate. 
(4) If any company or any of its officer or Director is convicted for any offence under
Prevention of Corruption Act while acting as an agent for that company, that company
and all companies promoted by any of that company’s promoters shall be blacklisted
and be ineligible for undertaking any government work or contract in future. 
(5) If a public servant is convicted under the Prevention of Corruption Act, such public
servant shall stand removed from his office. 
24. Wherever Lokpal directs imposition of financial penalty on any officer under this Act
to be deducted from his salary, it shall be the duty of the Drawing and Disbursing Officer
of that Department to implement such order, failing which the said Drawing and
Disbursing Officer shall make himself liable for similar penalty. 
CHAPTER XIII GRIEVANCE REDRESSAL SYSTEM 
25. (1) Each public authority shall prepare a specific charter within a reasonable time not
exceeding one year from the coming into force of this Act. 
(2) Every citizens’ charter shall enumerate the public authority’s commitments to the
citizens which are capable of being met within a specific time limit and shall designate
the officer whose duty would be to fulfill the commitment of the public authority. 
(3) If any public authority does not prepare its citizen’s charter within a year, Lokpal
shall notify the citizen’s charter on its own after consulting the public authority and the
same shall be binding on that authority. 
 (4) Each public authority shall designate an official called Public Grievance Redressal
Officer in each station where the public authority has an office, to whom a complaint
could be made for any violation of the citizens’ charter. 
(5) The Seniormost officer of that public authority in that office will be designated as the
Public Grievance Redressal Officer. 
(6) It shall be the duty of the Grievance Redressal Officer to get the grievance redressed
within a period of 30 days from the receipt of the complaint. 
(7) In the event of even the Grievance Redressal Officer not getting the grievance
redressed within the specific period of 30 days a complaint could be made to the Lokpal. 
(8) The Lokpal after hearing the Grievance Redressal Officer and the government
servant found to be responsible for the grievance would impose suitable penalty not
exceeding Rs. 500/- for each day’s delay but not exceeding Rs. 50,000/- to be recovered
from the salaries of the Grievance Redressal Officer or the government servant found to
be responsible for causing the grievance or both. 
(9) Apart from levying the penalty on the concerned government servants, the Lokpal
may also in suitable cases recommend to the appropriate authority to have
departmental punishment imposed on the government servant concerned. (10) The
Lokpal will also issue a direction to an appropriate authority to get such grievances
redressed within the time to be fixed by the Lokpal. 
(11) Every public authority shall review and revise its Citizens Charter at least once every
year through a process of public consultation to be held in the presence of a
representative of Lokpal. 
(12) Lokpal may direct any public authority to make such changes in their citizens’
charter as are mentioned in that order and that public authority shall make such
changes within a month of the receipt of such order. 
Provided that such changes shall have to be approved by at least a three member bench
of Lokpal, and the Grievance Redressal Officer of the concerned public authority. . 
(13) There shall be at least one officer of the Lokpal in each district to receive grievances
who shall be called an Appellate Grievance Officer. However, in such places where there
is more concentration of central government offices, there shall be more Appellate
Grievance Officers as may be required. 
(14) A social audit of each Appellate Grievance Officer shall take place every six months,
in which he shall present himself before the public, present the data related to his
functioning, respond to public queries and incorporate suggestions from public in his
functioning. The public hearing shall be attended by a senior officer from Lokpal. 
(15) No case can be closed by Appellate Grievance Officer till the citizen’s grievance is
redressed or the case is rejected by the Appellate Grievance Officer.  
CHAPTER XIV 
BUDGET OF LOKPAL 
26. (1) All expenses of the Lokpal shall be charged to the Consolidated fund of India. 
(2) The Board shall finalise the Lokpal’s budget in such a manner that it is less than ¼ %
of the total revenues of the Government of India. (3) Lokpal shall not need any
administrative or financial sanction from any government agency to incur expenditure.  
CHAPTER XV 
SEIZURE AND CONFISCATION OF PROPERTY AND RECOVERY OF COMPENSATION
FROM CORRUPT GOVERNMENT SERVANTS 
27. (1) After a public(government or public?) servant has been found guilty by the
Special Court of having committed an offence under the Prevention of Corruption Act,
the Court would also determine the assets and properties which have been acquired by
such accused person by his corrupt acts. 
(2) The Special Court will pass an order for the confiscation of all the assets and
properties which it has found to have been acquired by the corrupt acts of the convicted
public(government or public?) servants as well as the subsequent accruals on these
assets. 
(3) The Special Court would also determine whether apart from the above the accused
person by his corrupt acts has also caused any loss to the exchequer or any other person
and determine the amount of loss so caused. The Court shall make an order levying a
fine on the accused persons so convicted for the recovery of the entire loss which his
corrupt acts have caused and shall also apportion this amount among the various
convicted accused persons to be recovered from them as fines. 
(4) During the course of investigation if a regular bench of the Lokpal  finds any property
or asset which appears to have been acquired by the corrupt acts of an accused person
who is being investigated, it shall make an order of attachment of those assets so that
they are available for confiscation at the time of the conviction of such accused persons.
In case the accused person is ultimately acquitted, these attached assets and properties
will be restored to him.  
CHAPTER XVI PUBLIC SERVANTS PROPERTY STATEMENTS 
28. (1) Every public servant shall within 3 months after the commencement of this Act
and thereafter before the 30th June of every year submit to the Head of that public
authority in which the said public servant is functioning or to such other authority as
may be prescribed, a statement of his assets and liabilities and those of the members of
his family which shall include their sources of income, in the format prescribed by the
Lokpal. 
Explanation : In this Section family of a public servant means the spouse and such
children and parents of the public servant and such other people as are dependent on
him. 
(2) The Head of each public authority shall ensure that all such statements are put on
the website by 31st of August of that year. 
(3) If it is found that a public servant owns some property which was willfully not
disclosed in his statement of assets, that property would be liable to be confiscated by a
regular bench of the Lokpal after giving sufficient opportunity to the public  servant to
be heard. 
(4). If the public servant is found to be in possession or enjoyment of any property which
is not shown in his statement of assets, it shall be presumed that it was owned by him
unless he proves to the contrary. 
CHAPTER XVII 
APPLICABILITY AND MODIFICATIONS OF THE PROVISIONS OF CERTAIN OTHER ACTS 
29. (1) Section 19(1) and 19(2) of the Prevention of Corruption Act shall be deleted. 
(2) Section 6A of the Delhi Special Police Establishment Act shall not be applicable to the
proceedings under this Act. 
(3) Section 197 of Cr. PC shall not applicable to any proceedings under this Act.(4) The
provisions of sections 105C to 105I of CrPC shall apply to offences under the Prevention
of Corruption Act whether or not they are transnational in nature. 
(5) Section 389(3) of CrPC shall not apply to offences under Prevention of Corruption
Act. 
(6) The right to file appeals under section 377 or 378 of CrPC shall be exercised by
Lokpal. 
(7) Under section 372 of CrPC, the power to file an appeal shall be with the complainant
as well. 
(8) Notwithstanding anything contained in Section 397 of CrPC, no court shall ordinarily
call for records in cases related to trial of offences in Prevention of Corruption Act
during any trial by a special court. 
Provided that if the court calls for records, the same shall be returned within a month. 
(9) Any permission which is required under any law for initiating investigation or
initiating prosecution under any Act shall be deemed to have been granted once the
Lokpal has granted permission to initiate investigation or prosecution for any offences
under the Prevention of Corruption Act. 
(10) The power of the Lokpal to investigate offences under the Prevention of Corruption
Act shall be with the Lokpal notwithstanding any provision in the Money Laundering
Act, 2002. 
(11) The jurisdiction of the special courts under the Prevention of Corruption Act, 1988
to try offences under such act shall be with the Special Court notwithstanding any
provision in the Money Laundering Act, 2002. 
(12) The appropriate Bench of the Lokpal shall be deemed to be the designated
authority under Section 5 of the Indian Telegraph Act empowered to approve
interseption and monitoring of messages or data or voice transmitted through
telephones, internet or any other medium as covered under the Indian Telegraph Act
read with Information and Technology Act 2000 and as per rules and regulations made
under the Indian Telegraph Act 1885.(13) Section 4 (4) of Prevention of Corruption Act
shall be amended as – “Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 a Special Judge shall hold the trial of an offence on day-to-day basis,
and shall not grant adjournment for any purpose unless such adjournment is, in its
opinion, necessary in the interests of justice and for reasons to be recorded in writing”  
CHAPTER XVIII 
MISCELLANEOUS PROVISIONS 
Punishments for false complaints: 
30. (1) Notwithstanding anything contained in this Act, if someone makes any complaint
under this Act, which lacks any basis or evidence and is held by Lokpal to be meant only
to harass certain authorities, Lokpal may impose such fines on that complainant as it
deems fit, but the total fine in any one case shall not exceed Rs one lakh. 
Provided that no fine can be imposed without giving a reasonable opportunity of being
heard to the complaintant. 
Provided further that merely because a case could not be proved under this Act after
investigation shall not be held against a complainant for the purposes of this section. 
 (2) Such fines shall be recoverable as dues under Land Revenue Act. 
(3) A complaint or allegation once made under this Act shall not be allowed to be
withdrawn. 
Guidelines to be followed for prevention corruption: 31. (1) No government official
shall wilfully  take up jobs, assignments, consultancies, etc for benefit. with any person,
company, or organisation that he had dealt with in his official capacity. A violation of
this guideline shall be deemed to be an “Act of corruption” as defined in Section 2 (e) A
contravention of this provision shall be deemed to be a criminal offense punishable by a
fine which could extend to Rs 10 lacs. If a person, after being convicted, persists in
violating this provision, the punishment for repeating such an offense will be rigorous
imprisonment upto 6 months and fine upto Rs. 1 crore. (Should this bar be only for 2
years? And should the private entity
(2) All contracts, public-private partnerships, transfer by way of sale, lease, and any form
of largesse by any public authority shall be done with complete transparency and by
calling for public tender/auction/bids unless it is an emergency measure or where it is
not possible to do so for reasons to be recorded in writing. The details of all such
transactions would be put up by the public authority on a public website within a time-
frame to be specified by the Lokpal. A violation of this guideline shall be deemed to be
an “Act of corruption” as defined in Section 2 (e)  
(3) All contracts, agreements or MOUs known by any name related to transfer of natural
resources, including land and mines to any private entity by any method like public-
private partnerships, sale, lease or any form of largesse by any public authority shall be
put on the website within a week of being signed. A violation of this guideline shall be
deemed to be an “Act of corruption” as defined in Section 2 (e) 
Merger of anti-corruption branch of CBI into Lokpal: 
32. (1) The part of the Delhi Special Police Establishment, dealing with investigation and
prosecution of offences under the Prevention of Corruption Act, 1988, shall stand
transferred, alongwith its employees, assets and liabilities to the Lokpal. The Central
Government shall cease to have any control over the transferred part and its personnel. 
(2) Such part of Delhi Special Police Establishment, which has been transferred above,
shall form part of the Investigation Wing of Lokpal. 
(3) The salaries, allowances and other terms and conditions of services of the personnel
transferred above shall be the same as they were immediately before the
commencement of this Act. 
(4) All cases which were being dealt by that part of Delhi Special Police Establishment,
which has been transferred, shall stand transferred to Lokpal. 
Immunity to bribe giver in certain cases: 33. Any bribe giver may be granted immunity
from prosecution by the special court if he voluntarily and gives timely information to
the Lokpal about the giving of bribe by him with entire evidence for the purpose of
getting the concerned bribe taker/public servant caught and convicted, provided he also
relinquishes all the illegitimate benefits which he had received by the giving of that
bribe. If the information provided by such bribe giver is subsequently found to be false,
the immunity could be withdrawn by the special court. 
(This draft provides only for the Lokpal for central public servants. Similar provisions for
Lokayuktas in the States to deal with public servants of the State will have to be
incorporated in the bill)