Political Career for Indian Youth-Draft Jan Lokpal Part 2

Draft Jan Lokpal - Part 2

5. Term of office and other conditions of service of Lokpal– (1) 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 further that.-
(a) the Chairperson or member of Lokpal may, by writing under his hand addressed to the President, resign his office;
(b) the Chairperson or member may be removed from office in the manner provided in this Act.
(2) There shall be paid to the Chairperson and each member every month a salary equal to that of the Chief Justice of India and that of the judge of the Supreme Court respectively;
(3) The allowances and pension payable to and other conditions of service of the Chairperson or a member shall be such as may be prescribed;
Provided that the allowances and pension payable to and other conditions of service of the Chairperson or members shall not be varied to his disadvantage after his appointment.
(4) The administrative expenses of the office of the Lokpal including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of India.
(5) There shall be a separate fund by the name of “Lokpal fund” in which penalties/fines imposed by the Lokpal shall be deposited and in which 10% of the loss of Public Money recovered under section 19 of this Act shall also be deposited by the Government. Disposal of such fund shall be completely at the discretion of the Lokpal and such fund shall be used only for enhancement/upgradation/extension of the infrastructure of Lokpal.
(6) The Chairperson and members of Lokpal shall not be eligible for appointment to any position in Government of India or Government of any state or any such body which is funded by any of the governments or for contesting elections to Parliament, state legislatures or local bodies, if he has ever held the position of the Chairperson or a member for any period after demitting their office. A member could be appointed as a chairperson, provided that the total tenure both as member and as chairperson would not exceed five years and no member or chairperson would be eligible for reappointment or extension after completion of a five year term.

6. Appointment of the Chairperson and members:
1. The Chairperson and members shall be appointed by the President on the recommendation of a selection committee.

2. The following shall not be eligible to become Chairperson or Member of Lokpal:
(a) Any person, who is not a citizen of India
(b) Any person, who was ever chargesheeted for any offence under IPC or PC Act or any other Act or was ever penalized under CCS Conduct Rules.
(c) Any person, who is less than 40 years in age.
(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.
3. At least four members of Lokpal shall have legal background. Not more than two members, including Chairman, shall be former civil servants.
Explanation: “Legal Background” means that the person should have held a judicial office in the territory of India for at least ten years or has been an advocate in High Court or Supreme Court for at least fifteen years.
4. The members and Chairperson should have unimpeachable integrity and should have demonstrated their resolve to fight corruption in the past.
5. A selection committee consisting of the following shall be set up:
a. The Vice President of India
b. Speaker of Lok Sabha
c. Leader of Opposition in Lok Sabha
d. Two youngest judges of Supreme Court
e. Two youngest Chief Justices of High Courts.
f. Comptroller and Auditor General of India
g. Chief Election Commissioner
h. After the first set of selection process, the outgoing members and Chairperson of Lokpal.
6. The Vice President shall act as the Chairperson of the selection committee.
7. There shall be a search committee consisting of ten members.
8. Members of search committee shall be selected in the following manner:
a. The selection committee shall select five members of search committee from the former Comptroller and Auditor Generals of India, Chief Justices of India and Chief Election Commissioners of India.
Provided that the following persons shall not be eligible for becoming members of search committee:
a) Any person who has had any substantive allegation of corruption against him
b) Any person who has either joined any political party after retirement or has had strong affiliations to any political party
c) Any person who is still in the service of the government in any capacity
d) Any person who took up a government assignment after retirement barring those assignments which are reserved for the post from which he has retired.
b. The five members selected above shall nominate five members from civil society.
9. The search committee shall invite recommendations from such class of people or such individuals as it deems fit. The recommendations should, interalia, contain the following details:
a. Personal details of the candidate being recommended
b. Details of any allegations faced by the candidate under any law or any allegations of moral turpitude in the past?
c. Details of his work against corruption in the past with documentary evidence.
d. Evidence from his past, if any, to show that he is a fiercely independent person and cannot be influenced.
e. Any other material that the search committee decides.
10. The following selection process shall be followed:
a. The list of candidates received above along with their details received in the format mentioned above shall be displayed on a website.
b. Public feedback shall be invited on these names.
c. The search committee may decide to use any means to collect more information about the background and past achievements of these candidates.
d. All the material obtained so far about the candidates shall be made available to each member of the search committee in advance. The members shall make their own assessment of each candidate.
e. The search committee shall meet and discuss the material so received about each candidate. The selections shall be made preferably through consensus.
Provided that if three or more members of search committee, for reasons to be recorded in writing, object to the selection of any member, he shall not be selected.
f. Search committee shall recommend three times the names as there are vacancies to the selection committee.
g. Selection committee shall select such number of candidates as there are vacancies to the Prime Minister. The selections shall be made preferably through consensus.
Provided that if three or more members of selection committee, for reasons to be recorded in writing, object to the selection of any member, he shall not be selected.
h. All meetings of search committee and selection shall be video recorded and shall be made public.
11. The Prime Minister shall recommend the names finalized by the selection committee to the President immediately, who shall order such appointments within a month of receipt of the same.
12. If any of the members of the selection committee retires while a selection process is going on, that member will continue on the selection committee till the end of that process.

7. Removal of Chairperson or members-
(1) The Chairperson or any member shall not be removed from his office except by an order of the President on one or more of the following grounds:

a. Proved misbehavior
b. Professional, mental or physical incapacity
c. Insolvency
d. Being charged of an offence which involves moral turpitude
e. Engaging while holding such office, in any paid employment
f. Acquiring such financial interests or other interests, which are likely to affect his functions as member or Chairperson prejudicially.
g. Being guided by considerations extraneous to the merits of the case under his consideration with a view to favoring someone or implicating someone through any act of omission or commission.
h. Unduly influencing or attempting to influence any government functionary.
i. Committing any act of omission or commission which is punishable under Prevention of Corruption Act or is a misconduct.
j. If a member or the Chairperson in any way, concerned or interested in any contract or agreement made by or on behalf of any public authority in the Government of India or Government of any state or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall be deemed to be guilty of misbehavior.
(3) The following process shall be followed in respect of petitions for the removal of any member or Chairperson of Lokpal:
(a) Any person may move a petition before the Supreme Court seeking removal of one or more of the members or Chairperson of Lokpal, alleging one or more of the grounds for removal and providing evidence for the same.
(b) The Supreme Court will hear the matter on receipt of such petition and may take one or more of the following steps:
(i) order an investigation by a Special Investigation Team appointed by the Supreme Court, if a prima facie case is made out and if the matter cannot be judged based on affidavits of the parties. The Special Investigation Team shall submit its report within three months.
(ii) Pending investigations by a Special Investigation Team under sub-clause (i), order withdrawal of a part or complete work from that member.
(iii) dismiss the petition if no case is made out
(iv) if the grounds are proved, recommend to the President for removal of the said member or Chairperson
(v) direct registration and investigation of cases with appropriate agencies, if there is a prima facie case of commission of an offence punishable under the Prevention of Corruption Act or any other law.
(e) The bench shall be constituted by a panel of five seniormost judges of the Supreme Court.
Provided that the judges who have ever been members of the selection committee or against whom any complaint is pending in Lokpal shall not be members of the bench.
(f) The Supreme Court shall not dismiss such petitions in liminae.
(g) If the Supreme Court concludes that the petition has been made with mischievous or malafide motives, the Court may order imposition of fine or imprisonment upto one year against the complainant.
(h) On receipt of a recommendation from the Supreme Court under clause (b)(iv) supra, the Prime Minister shall immediately recommend the removal of the member(s) or Chairperson of Lokpal to the President, who shall order the removal of the said member(s) or Chairperson within a month of receipt of the same.

Powers and Functions of Lokpal
8. Functions of Lokpal: (1) the Lokpal shall be responsible for receiving:

(a) Complaints where there are allegations of acts of omission or commission punishable under the Prevention of Corruption Act
(b) Complaints where there are allegations of misconduct by a government servant,
(c) Grievances
(d) Complaints from whistleblowers
(e) Complaints against the staff of Lokpal
(1A) It shall be the prime duty of Lokpal to ensure the integrity of its own staff and employees, whether temporary or otherwise. Lokpal shall be competent and empowered to take all actions to ensure that.
(2) The Lokpal, after getting such enquiries and investigations done as it deems fit, may take one or more of the following actions:
a. Close the case, if prima facie, the complaint is not made out, or
b. Initiate prosecution against public servants as well as those private entities, which are parties to the act
c. Recommend imposition of appropriate penalties under the relevant Conduct Rules
Provided that if a government servant is finally convicted under the Prevention of Corruption Act, the penalty of dismissal shall be recommended on such government servant.
d. Order cancellation or modification of a license or lease or permission or contract or agreement, which was the subject matter of investigation.
e. Blacklist the concerned firm or company or contractor or any other entity involved in that act of corruption.
f. Issue appropriate directions to appropriate authorities for redressal of grievance as per provisions of this Act.
g. Invoke its powers under this Act if its orders are not duly complied with and ensure due compliance of its orders.
h. Take necessary action to provide protection to a whistleblower as per various provisions of this Act.
(3) Suo moto initiate appropriate action under this Act if any case, of the nature mentioned in clauses (a), (b), (c) or (d) of sub-section (1), comes to the knowledge of the Lokpal from any source.
(4) Issue such directions, as are necessary, from time to time, to appropriate authorities so as to make such changes in their work practices, administration or other systems so as to reduce the scope and possibility for corruption, misconduct, public grievances and whistleblower victimization.
(5) Orders made by Lokpal under sub-section (2)(c) of this section shall be binding on the government and the government shall implement it within a week of receipt of that order.
(6) Section 19 of the Prevention of Corruption Act shall be deleted. Section 6A of Delhi Special Police Establishment Act shall not be applicable to the proceedings under this Act.
(7) Section 197 of CrPC shall not apply to any proceedings under this Act. All permissions, which need to be sought for initiating investigations or for initiating prosecutions under any Act shall be deemed to have been granted once Lokpal grants such permissions.