The Lokpal Bill, 2011
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The Lokpal and Lokayuktas Act, 2013, commonly known as The Lokpal Act, is an anti-corruption Act of Indian Parliament in India which "seeks to provide for the establishment of the institution of
Lokpal A Lokpal ( ''lokapāla'', "defender of people" or "People's Friend") is an anti-corruption authority or body of ombudsman who represents the public interest in the Republic of India. The current Chairperson of Lokpal is Ajay Manikrao Khanwilkar. ...
to inquire into allegations of corruption against certain important public functionaries including the
Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
, cabinet ministers, members of parliament, Group A officials of the
Central Government A central government is the government that is a controlling power over a unitary state. Another distinct but sovereign political entity is a federal government, which may have distinct powers at various levels of government, authorized or deleg ...
and for matters connecting them". The Bill was tabled in the
Lok Sabha The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
on 22 December 2011 and was passed by the House on 27 December as The
Lokpal A Lokpal ( ''lokapāla'', "defender of people" or "People's Friend") is an anti-corruption authority or body of ombudsman who represents the public interest in the Republic of India. The current Chairperson of Lokpal is Ajay Manikrao Khanwilkar. ...
and Lokayuktas Bill, 2011. It was subsequently tabled in the
Rajya Sabha Rajya Sabha (Council of States) is the upper house of the Parliament of India and functions as the institutional representation of India’s federal units — the states and union territories.https://rajyasabha.nic.in/ It is a key component o ...
on 29 December. After a
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that stretched until midnight of the following day, the
vote Voting is the process of choosing officials or policies by casting a ballot, a document used by people to formally express their preferences. Republics and representative democracies are governments where the population chooses representative ...
failed to take place for lack of time. On 21 May 2012, it was referred to a Select Committee of the Rajya Sabha for
consideration Consideration is a concept of English law, English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. It is commonly referred to a ...
. It was passed in the Rajya Sabha on 17 December 2013 after making certain amendments to the earlier Bill and in the Lok Sabha the next day. It received assent from
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
Pranab Mukherjee Pranab Kumar Mukherjee ( ; born, 11 December 1935 – 31 August 2020) was an Indian statesman who served as the president of India from 2012 until 2017. He was the first person from West Bengal to hold the post of President of India. In a pol ...
on 1 January 2014 and came into force from 16 January. The Bill was introduced in the parliament following massive public protests led by anti-corruption crusader Anna Hazare and his associates. The Bill is one of the most widely discussed and debated Bills in India, both by the
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and the People of India at large, in recent times. The protests were named among the "Top 10 News Stories of 2011" by the magazine ''
Time Time is the continuous progression of existence that occurs in an apparently irreversible process, irreversible succession from the past, through the present, and into the future. It is a component quantity of various measurements used to sequ ...
''. The bill received worldwide media coverage. Retired
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
judge Pinaki Chandra Ghose was appointed as the first Lokpal of India by a committee consisting of
Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
Narendra Modi Narendra Damodardas Modi (born 17 September 1950) is an Indian politician who has served as the Prime Minister of India, prime minister of India since 2014. Modi was the chief minister of Gujarat from 2001 to 2014 and is the Member of Par ...
and
Chief Justice of India The chief justice of India (CJI) is the chief judge of the Supreme Court of India and the highest-ranking officer of the Indian judiciary. The Constitution of India grants power to the President of India to appoint, as recommended by the outg ...
Ranjan Gogoi Ranjan Gogoi (born 18 November 1954) is an Indian retired jurist and advocate who served as the 46th Chief Justice of India from 2018 to 2019. He is currently a Member of Parliament, Rajya Sabha, Member of the Rajya Sabha, having been List of n ...
and Lok Sabha speaker Sumitra Mahajan and Eminent Jurist Mukul Rohatgi on 17 March 2019.


Background

The term ''Lokpal'' was coined in 1963 by Laxmi Mall Singhvi, a member of parliament during a parliamentary debate about
grievance A grievance () is a wrong or hardship suffered, real or supposed, which forms legitimate grounds of complaint. In the past, the word meant the infliction or cause of hardship. See also * Complaint system * Harm Harm is a morality, moral and ...
mechanisms. The
Administrative Reforms Commission The Administrative Reforms Commission (ARC) is the commission appointed by the Government of India for giving recommendations for reviewing the public Public administration, administration system of India. The first ARC was established on 5 Jan ...
(ARC) headed by
Morarji Desai Morarji Ranchhodji Desai (29 February 1896 – 10 April 1995) was an Indian politician and Indian independence activist, independence activist who served as the Prime Minister of India, prime minister of India between 1977 and 1979 leading th ...
submitted an interim report on "Problems of Redressal of Citizen's Grievances" in 1966. In this report, ARC recommended the creation of two special authorities designated as 'Lokpal' and 'Lokayukta' for redress of citizens' grievances. The word was derived from the
Sanskrit Sanskrit (; stem form ; nominal singular , ,) is a classical language belonging to the Indo-Aryan languages, Indo-Aryan branch of the Indo-European languages. It arose in northwest South Asia after its predecessor languages had Trans-cultural ...
words ''"Lok"'' (people) and ''"Pala"'' (protector/caretaker), meaning 'Caretaker of People'.
Maharashtra Maharashtra () is a state in the western peninsular region of India occupying a substantial portion of the Deccan Plateau. It is bordered by the Arabian Sea to the west, the Indian states of Karnataka and Goa to the south, Telangana to th ...
was the first
state State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
to introduce Lokayukta through ''The Maharashtra Lokayukta and Upa-Lokayuktas Act in 1971''. Presently, there are no Lokayuktas in the states of
Andhra Pradesh Andhra Pradesh (ISO 15919, ISO: , , AP) is a States and union territories of India, state on the East Coast of India, east coast of southern India. It is the List of states and union territories of India by area, seventh-largest state and th ...
,
Arunachal Pradesh Arunachal Pradesh (; ) is a States and union territories of India, state in northeast India. It was formed from the North-East Frontier Agency (NEFA) region, and India declared it as a state on 20 February 1987. Itanagar is its capital and la ...
, Jammu and Kashmir,
Manipur Manipur () is a state in northeastern India with Imphal as its capital. It borders the Indian states of Assam to the west, Mizoram to the south, and Nagaland to the north and shares the international border with Myanmar, specifically t ...
,
Meghalaya Meghalaya (; "the abode of clouds") is a states and union territories of India, state in northeast India. Its capital is Shillong. Meghalaya was formed on 21 January 1972 by carving out two districts from the Assam: the United Khasi Hills an ...
,
Mizoram Mizoram is a states and union territories of India, state in northeastern India, with Aizawl as its Capital city, capital and largest city. It shares 722-kilometres (449 miles) of international borders with Bangladesh to the west, and Myanmar t ...
,
Nagaland Nagaland () is a States and union territories of India, state in the northeast India, north-eastern region of India. It is bordered by the Indian states of Arunachal Pradesh to the north, Assam to the west, Manipur to the south, and the Naga Sel ...
,
Sikkim Sikkim ( ; ) is a States and union territories of India, state in northeastern India. It borders the Tibet Autonomous Region of China in the north and northeast, Bhutan in the east, Koshi Province of Nepal in the west, and West Bengal in the ...
,
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
,
Tripura Tripura () is a States and union territories of India, state in northeastern India. The List of states and union territories of India by area, third-smallest state in the country, it covers ; and the seventh-least populous state with a populat ...
. The Lokpal bill was first introduced in the
Lok Sabha The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
in 1968. The version enacted in 2013 was from a draft prepared in 2010. The bill is an
implementation Implementation is the realization of an application, execution of a plan, idea, scientific modelling, model, design, specification, Standardization, standard, algorithm, policy, or the Management, administration or management of a process or Goal ...
of the Prevention of Corruption Act, 1988. Eleven parliamentary panels have been formed to discuss the Lokpal bill. The Act for each state says “Every State shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Legislature, to deal with complaints relating to corruption against certain public functionaries, within a period of one year from the date of commencement of this Act”.


History


2010 draft bill

The 2010 draft was created by the
United Progressive Alliance The United Progressive Alliance (UPA; Hindi: Saṁyukta Pragatiśīl Gaṭhabandhan) was a Political group, political alliance in India led by the Indian National Congress. It was formed after the 2004 Indian general election, 2004 general ele ...
to create an
Ombudsman An ombudsman ( , also ) is a government employee who investigates and tries to resolve complaints, usually through recommendations (binding or not) or mediation. They are usually appointed by the government or by parliament (often with a sign ...
tasked with tackling political corruption. The draft was circulated to various ministries for their review. It provided a mechanism for filing complaints against the prime minister, ministers and MPs. However,
civil society Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere.hunger strike A hunger strike is a method of non-violent resistance where participants fasting, fast as an act of political protest, usually with the objective of achieving a specific goal, such as a policy change. Hunger strikers that do not take fluids are ...
on 5 April 2011 to pressure the government to create an ombudsman with the power to deal with corruption in public places as envisaged in the Jan Lokpal Bill. The fast led to nationwide protests in support. The fast ended on 9 April, one day after the government accepted his demands. The government issued a gazette notification on the formation of a joint committee, consisting of government and civil society representatives, to draft the legislation.


Joint draft bill

A Joint Drafting Committee was established, consisting of five ministers and five members of the civil society. The chairman of the Joint Drafting Committee was
Pranab Mukherjee Pranab Kumar Mukherjee ( ; born, 11 December 1935 – 31 August 2020) was an Indian statesman who served as the president of India from 2012 until 2017. He was the first person from West Bengal to hold the post of President of India. In a pol ...
. The Committee set 30 June 2011 as the deadline to complete the drafting process.


First draft meeting

The Committee first met on 16 April 2011, in the North Block and lasted for about ninety minutes. Team Anna presented their version of the bill with a slight modification relating to the selection panel to choose the Lokpal and its members. Under the revised proposal, the
Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
and the Leader of the Opposition in the Lok Sabha were replaced with the Rajya Sabha chairman and the Lok Sabha Speaker. The meeting was allegedly recorded and the Committee claimed that decisions would be made available to the general public. HRD Minister and Committee member Kapil Sibal, said that both the sides were keen that the new Bill should be introduced in the Monsoon session, which would begin early July.


Second draft meeting

The Committee met as planned on 2 May 2011. The meeting was termed "very good" and with "no difference of opinion" between the panel members. Sibal said that the meeting discussed the document presented previously by the civil society members.
Prashant Bhushan Prashant Bhushan (born 15 October 1956) is an Indian author and a public interest lawyer in the Supreme Court of India. He was a member of the faction of the India Against Corruption (IAC) movement known as Team Anna which supported Anna Ha ...
said, "The meeting was mainly to discuss the basic principles behind the Jan Lokpal Bill. The discussion was on essential features, objects and reasons of the bill which have been prepared according to the main provisions of the UN Convention against Corruption. All signatories of the United Nations Convention against Corruption have to pass this kind of law." In May 2011, the Indian Government had ratified two UN Conventions – the United Nations Convention against Corruption (UNCAC) and the United Nations Convention against Transnational Organised Crime (UNTOC) and its three protocols.


Third draft meeting

After the third meeting on 7 May 2011, Bhushan said "Lokpal will have powers to initiate investigation and prosecution and will not need permission from the government. The model on which the financial independence will be based is yet to be decided. Various models were discussed, including from other countries and of institutions like the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
, the
Comptroller and Auditor General An auditor general, also known in some countries as a comptroller general or comptroller and auditor general, is a senior civil servant charged with improving government accountability by auditing and reporting on the government's operations. F ...
and the Central Vigilance Commission." Kapil Sibal said the meeting was "exceptionally constructive" and added, "The approach was very constructive. There were areas of broad agreement, including the process of appointment of Lokpal which should be transparent." Another group of civil society members led by
Aruna Roy Aruna Roy (née Jayaram, born 26 may 1946) is an Indian social activist, professor, union organiser and retired IAS officer. She was the president of the National Federation of Indian Women and founder of the Mazdoor Kisan Shakti Sangathan. ...
and Harsh Mander working for a strong Lokpal Bill, upped its ante against Team Anna. Under the banner of the "National Campaign for People's Right to Information" (NCPRI) they claimed that Anna's diktat could be dangerous and that the government's functioning could not be handled by one group.


Fourth draft meeting

The 23 May meeting in 2011 lasted over three hours and the two sides agreed " in-principle" on half of the 40 basic principles for the anti-graft Lokpal bill proposed by the civil society members.


Fifth draft meeting

At the 30 May 2011 meeting the chairman made it clear during the discussion that the matters pertaining to the exclusion of Prime Minister,
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
would be a part of the discussions on the scope of the Lokpal. The Chairman of the Panel announced that the conduct of the MPs' inside Parliament would remain outside its remit of the Lokpal to comply with rticle 105(2)of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
and that the views of the
State State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
and the political parties would be discussed with the civil society members. These announcements created a stalemate between the Committee's two-halves.


Sixth draft meeting

Team Anna boycotted 6 June 2011 meeting, alleging that the police crackdown on Baba Ramdev had "strengthened the doubts" about the government's intentions and demanded that the next meeting be rescheduled because of Hazare's other commitments. Shanti Bhushan produced a letter that was read by the Chair "indicating their inability to attend the meeting" and "that what happened at the Ramlila ground had nothing to do with the proceedings of the Joint Drafting Committee". The chairman suggested that the drafting should be the focus. Post meeting, the draft was to be circulated to the other political parties for their consideration. They rescheduled the seventh meeting to 15 June.


Seventh draft meeting

The two-hour event took place on 15 June 2011, without agreement on several issues. Both sides furnished versions to the Union Cabinet for consideration. Team Anna blamed the government for not being serious, claiming "The government is planning to kill Lokpal before it's born". The civil society members suggested that the Lokpal be empowered to probe corruption cases in instead of the departmental probes and CBI inquiries of the prior approach. The government rejected the idea.
Chief Minister A chief minister is an elected or appointed head of government of – in most instances – a sub-national entity, for instance an administrative subdivision or federal constituent entity. Examples include a state (and sometimes a union ter ...
s of several BJP-ruled states expressed surprise that they were being consulted before the final draft was ready. Chief ministers of
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
-ruled states backed the Centre's stand and opposed bringing the prime minister under the Lokpal's ambit. BJP-ruled states sought wider deliberations. Opposition parties demanded to comment on the whole bill rather than on the six contentious issues. Anna Team demanded that the audio of the proceedings be made available to them. Hazare threatened to resume an indefinite fast if the bill was not passed by 15 August.


Union Cabinet approved bill

The government moved its version of the bill in the Lok Sabha on 4 August, the ninth such introduction. The bill was introduced by the
Minister of State Minister of state is a designation for a government minister, with varying meanings in different jurisdictions. In a number of European countries, the title is given as an honorific conferring a higher rank, often bestowed upon senior minister ...
in the Prime Minister's Office, V Narayanasamy. Leader of Opposition Sushma Swaraj opposed the exclusion of the prime minister from the purview of the proposed Lokpal. V Narayanasamy told the House that Prime Minister
Manmohan Singh Manmohan Singh (26 September 1932 – 26 December 2024) was an Indian economist, bureaucrat, academician, and statesman, who served as the prime minister of India from 2004 to 2014. He was the fourth longest-serving prime minister after Jaw ...
was in favour of bringing his office under the purview of the Lokpal, but the Cabinet rejected the idea after deliberation. Anna Hazare burnt copies of the bill, to protest the government's lack of sincerity. On 27 August the Lok Sabha and Rajya Sabha passed a Pranab Mukherjee-proposed resolution conveying the sense of the House on the Lokpal Bill. The House agreed 'in principle' on a
Citizen's Charter The Citizen's Charter was a British political initiative launched by the then prime minister, John Major, on 22 July 1991, less than a year into his premiership. Aims It aimed to improve public services A public service or service of genera ...
, placing the lower bureaucracy under the Lokpal and establishing the Lokayukta in the States. The Act was finally notified by
President of India The president of India (ISO 15919, ISO: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, and the commander-in-chief, supreme commander of the Indian Armed ...
on 1 January 2014, after getting approved in both Houses of Parliament and Union Cabinet, providing for setting up of a institution of Lokpal, to be headed by a Chairperson, who is or has been a
Chief Justice of India The chief justice of India (CJI) is the chief judge of the Supreme Court of India and the highest-ranking officer of the Indian judiciary. The Constitution of India grants power to the President of India to appoint, as recommended by the outg ...
, or is or has been a judge of the Supreme Court, or a person of eminence fulfilling the eligibility criteria as specified in the Act. The Act also provides for the appointment of other members, which shall not exceed eight, of which 50% are to be judicial members, and among others not less than 50% of the members belong to the Scheduled Castes, Scheduled Tribes, OBCs, minorities, and women. The Act provides for the appointment of a director of inquiry who shall not be below the rank of Joint Secretary to the Government of India and shall be appointed by the Central government for conducting preliminary inquiries in respect of public servants belonging to groups A, B, C or D and who are referred by the Lokpal to the Central Vigilance Commission (CVC).


Standing Committee bill

The Jan Lokpal Bill was submitted to the committee by Congress MP from
Bareilly Bareilly () is a city in Bareilly district in the Indian state of Uttar Pradesh. It is among the largest metropolises in Western Uttar Pradesh and is the centre of the Bareilly division as well as the historical region of Rohilkhand. The city ...
Praveen Singh Aron. The draft bill was distributed to members on 28 November. The committee recommended keeping judiciary and MPs' out of the Lokpal's purview and rejected the demand to move the prosecution wing of CBI under its
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
. Committee members had unanimously recommended conferring constitutional status on the Lokpal and setting up of Lokpal and Lokayuktas in states under one bill. The draft document did not take a position on the inclusion of prime minister. Another of Team Anna's demands for inclusion of entire bureaucracy was turned down, given that the draft favoured inclusion of Group A and B officials, leaving out C and D staff. Anna Hazare rejected this draft. At the final meeting on 7 December they decided to bring Group C and D officers under the ambit of state Lokayuktas. Sixteen dissent notes were submitted at the meeting by members from BJP, BJD, SP,
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
, RJD and the Left.


Enactment by the Lok Sabha

The Lokpal Bill was tabled in the Lok Sabha on 22 December 2011 and passed by voice voting on the first day of the three-day extended session of the Winter session of the Lok Sabha, on 27 December 2011, after a marathon debate that lasted over 10 hours. The lokpal body was not given the constitutional status as the
Constitutional Amendment A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly alt ...
Bill, which provided for making the Lokpal a constitutional body, was defeated in the house. The Prime Minister described this as "a bit of disappointment", adding, "We have, however, fulfilled our objective of bringing these bills to Parliament as we had promised." The bill passed by the house was termed "useless" by Team Anna, who reiterated their view that there was no need to give constitutional status to such a weak Lokpal. The government withdrew its previous version and had introduced a newer version of the bill. RJD leader Lalu Prasad, along with the support from the other parties like SP, AIMMM and LJP, demanded an inclusion of candidates from minorities in the nine member Lokpal Bench. The government gave in to the demands of parties. The principal opposition party, the BJP, objected to it, classifying that such a move was illegal and asked the government to withdraw the bill. BJD, JDU, RJD, SP, TDP and
Left Left may refer to: Music * ''Left'' (Hope of the States album), 2006 * ''Left'' (Monkey House album), 2016 * ''Left'' (Helmet album), 2023 * "Left", a song by Nickelback from the album ''Curb'', 1996 Direction * Left (direction), the relativ ...
said the bill was weak and wanted it to be withdrawn. The bill passed by the house deleted the provision that gave presiding officers the power to act against ministers and MPs, even before trial, but the exemption time of former MPs was increased from five to seven years. It excluded
armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a ...
and
coast guard A coast guard or coastguard is a Maritime Security Regimes, maritime security organization of a particular country. The term embraces wide range of responsibilities in different countries, from being a heavily armed military force with cust ...
from the purview of the anti-graft body. The lokpal would take complaints against the prime minister after the consent of two-thirds of the Lokpal panel. The consent of state governments is mandatory for the notification to set up Lokayuktas in the states, but the setting up of them in the states was made mandatory. The appointment panel is loaded in favour of the government. The Lokpal Bill was passed under Article 252 of the
constitution of India The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
. The Prime Minister said, "We believe that the CBI should function without interference through any Government diktat. But no institution and no individual, howsoever high he may be, should be free from accountability." The Left, Samajwadi Party and BSP staged a
walkout In labor disputes, a walkout is a labor strike, the act of employees collectively leaving the workplace and withholding labor as an act of protest. A walkout can also mean the act of leaving a place of work, school, a meeting, a company, or an ...
during voting of the bill, protesting that their demands were not being met. At least 15 Congress members and close to a dozen belonging to UPA allies were not present at the time of voting. The house also secured the passage of the Whistleblowers Bill.


Journey through The Rajya Sabha


Winter session, 2011

The ombudsman debate was taken up by The Rajya Sabha during the last day of the three-day extension of the winter session of Parliament, but the body recessed on 29 December without voting. The bill was debated for over 12 hours ending abruptly at midnight as the House ran out of scheduled time. The House was adjourned sine die by
Chairman The chair, also chairman, chairwoman, or chairperson, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the gro ...
Hamid Ansari. A verbal duel marred proceedings as some members including UPA ally
Trinamool Congress The All India Trinamool Congress (; AITC), simply known as Trinamool Congress, is an Indian political party that is mainly influential in the Federated state, state of West Bengal. It was founded by Mamata Banerjee on 1 January 1998 as a Lis ...
interrupted V. Narayanasamy's defence of the Bill. A vociferous opposition insisted on a vote while the government maintained it needed time to reconcile the 187 amendments/ Confusion marked the proceedings. Ansari asked for the national anthem Jana Gana Mana to be played, signalling the end of the proceedings and told the house:
This is an unprecedented situation…there appears to be a desire to outshout each other. There is a total impasse. The House cannot be conducted in the noise that requires orderly proceedings, I am afraid the Chair has no option…most reluctantly…I am afraid I can't and…
After a 15-minute adjournment between 11.30 and 11.45 PM, Pawan Kumar Bansal said that the decision on extension of the House was the government's prerogative.
Leader of the Opposition The Leader of the Opposition is a title traditionally held by the leader of the Opposition (parliamentary), largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the ...
Arun Jaitley charged that the government was running away from Parliament and that the House should decide how long it should sit. He added:
You are creating an institution where you control the appointment mechanism, where you control the removal mechanism. We will support the appointment of the Lokpal procedures, but we cannot be disloyal to our commitment to create an integrity institution.
Sitaram Yechury (CPI-M) said the House had expected the bill on Wednesday, but it came only on Thursday, the last day of the session. Derek O'Brien said "This is a shameful day for India's democracy. The government handled this situation very badly." As the Opposition insisted on a vote, Bansal said the government was willing provided that the House passed the Bill voted by the Lok Sabha on Tuesday. This meant that the proposed amendments would have to be set aside. As stalemate and wrangling continued, the chairman called an end to the proceedings. Chidambaram defended the deferment of Lokpal and Lokayukta Bill, 2011 in Rajya Sabha on 29 December contending that it was the "only prudent course" before the government and that it had ensured that the Bill remained alive. He continued to attack the BJP and called the amendments an "ingenious" method to scuttle the bill. Hazare called off his hunger strike prematurely, blaming poor health.


Budget session, 2012

Activists pushing hoped that the House would approve the bill towards the end of the second half of the budget session of 2012. The bill was re-introduced in the Rajya Sabha on 21 May 2012. While moving the bill, the minister said that the differences had been narrowed. He said that the government proposed to bring the lower bureaucracy under the Lokpal, which would have investigation and prosecution powers. CVC would monitor Lokpal-referred investigations by the CBI. There would be provisions for attaching properties and a time-frame for investigations. An amendment was proposed whereby the states would pass the bill so the national law would not be forced upon states. After the amended bill was introduced, Narayanasamy, Samajwadi Party member Naresh Agrawal sought to send the bill to a ''select committee''. This was strongly objected to by BJP, the Left parties and BSP, with their members arguing that only the minister concerned (Narayanasamy) could do so and accusing the ruling coalition of "using the shoulder" of a "friendly opposition" party. After high drama the government yielded and Narayanasamy moved the motion, which immediately passed by voice vote. The 15-member select committee was to submit its report by the first day of the last week of the Monsoon Session. The committee met on 25 June and decided on "wider consultations" with the government officials and the public. The panel invited public comments and called representatives of various ministries for recording evidence. The meeting was headed by senior Congress MP Satyavrat Chaturvedi. Law Secretary B A Agarwal was summoned to clarify various matters. The committee met again on 19 July 2012. The director of the CBI aired his views in the meeting. He made it clear that the CBI is open to changes in the Lokpal bill that strengthen the agency's autonomy by enhancing the proposed Lokpal's role in key appointments like those of director, head of prosecution and lawyers who represent CBI. He also mentioned in the meeting that the Lokpal should be given a significant say in appointing the director of the prosecution wing instead of the process being controlled by the law ministry as is currently the procedure, the persistent criticism about CBI's investigations being throttled by political directives could be addressed as well. He opposed making the prosecution or the anti-corruption wings subservient to the Lokpal. The select committee had in its earlier sittings examined senior law officials who agreed with the members that the prescription for lokayuktas under Article 253 that refers to fulfilment of international obligations – in this case the UN convention against corruption – might not be feasible. Recourse to international treaties to frame a law that impact the federal structure is not within the ambit of the law. The Select committee referred the Bill for Public Suggestions in July 2012. In reply hundreds of responses were received to the Rajya Sabha. The committee took a view and shortlisted certain recommendations and took Oral Evidence in physical presence of the Members. Committee considered some of the most valid suggestions being done by the Members. Mr. Deepak Tongli of Hyderabad had come with a proposal of setting up the lower most unit to keep regular check on Anti Corruption in petty cases at District Level. In addition few other members also shared their views in this regard. Mr. Tongli, aged 26 happened to be the youngest person to appear before the Parliamentary committee for Oral Evidence at Rajya Sabha.


Monsoon session, 2012

The monsoon session of parliament was to be held in August 2012. Hence, a bill that is pending before the upper house whether or not it was passed by the Lok Sabha, does not lapse on its dissolution. Hence, the bill is still alive in its present form. The bill was not expected to be tabled in the Rajya Sabha before the first day of the last week of the session.


See also

*
Indian Penal Code The Indian Penal Code (IPC) was the official criminal code of the Republic of India, inherited from British India after independence. It remained in force until it was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) in December 2023 ...
* Prevention of Corruption Act, 1988 * Prevention of Money Laundering Act, 2002 *
Lokpal A Lokpal ( ''lokapāla'', "defender of people" or "People's Friend") is an anti-corruption authority or body of ombudsman who represents the public interest in the Republic of India. The current Chairperson of Lokpal is Ajay Manikrao Khanwilkar. ...
* Lokayukta * Citizen's Charter and Grievance Redressal Bill, 2011 * Jan Lokpal Bill * List of acts of the Parliament of India


Further reading

;Official documents pertaining to the Lokpal Bill of Government of India * "The Lokpal Bill, 2011– As Introduced in Lok Sabha".

'. 2011, PRS India. * "The Lokpal And Lokayuktas Bill, 2011".

''. 27 December 2011, PRS India. * "Report of Parliamentary Standing Committee on Lokpal".

'. December 2011, Rajya Sabha * "The Lokpal and Lokayuktas Bill, 2013" (As passed by both houses)

' January 2014 ;Minutes of the Joint Drafting Committee (JDC) for Drafting the Lokpal Bill * "Minutes of the First Meeting".

'. 2011, The Ministry of Personnel, Public Grievances and Pensions, Government of India * "Minutes of the Second Meeting".

'. 2011, The Ministry of Personnel, Public Grievances and Pensions, Government of India * "Minutes of the Third Meeting".

'. 2011, The Ministry of Personnel, Public Grievances and Pensions, Government of India * "Minutes of the Fourth Meeting".

'. 2011, The Ministry of Personnel, Public Grievances and Pensions, Government of India * "Minutes of the Fifth Meeting".

'. 2011, The Ministry of Personnel, Public Grievances and Pensions, Government of India * "Minutes of the Sixth Meeting".

'. 2011, The Ministry of Personnel, Public Grievances and Pensions, Government of India. Source:SCRIBD * "Minutes of the Seventh Meeting".

'. 2011, The Ministry of Personnel, Public Grievances and Pensions, Government of India * "Minutes of the Eight Meeting".

'. 2011, The Ministry of Personnel, Public Grievances and Pensions, Government of India * "Minutes of the Ninth Meeting".

'. 2011, The Ministry of Personnel, Public Grievances and Pensions, Government of India ;Non-Official Versions of Lokpal Bill * "The Foundation of Democratic Reforms and Lok Satta Position".

'. 2011, FDR India * "The Jan Lokpal Bill- Version-2".

'. 2011, India Against Corruption * "The Bahujan Lokpal Bill".

''. 2011, Prajnya, Drafted by All India Confederation of SC/ST Organisations and others. * "The NCPRI approach to Lokpal and comparative differences of it with the Jan Lokpal Bill".

'. 2011, Prajnya ;Similar International Anti-Corruption/Bribery Laws * "The United Kingdom Bribery Act, 2010".

'. 2010, FDR India * "The Anti-Corruption Act of Bhutan 2006".

'. 2006, FDR India * "International Anti-Bribery And Fair Competition Act of 1998".

'. 1998, United States federal Law, US Government Printing Office * "Sri Lanka- Bribery Act".

'. 1954, OECD ;International Anti-Corruption/Bribery Conventions * "United Nation Convention Against Corruption".

'. New York 2004, FDR India * "CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS".

' 1997 Convention, the 2009 Recommendation of the Council for Further Combating Bribery, the 2009 Recommendation on the Tax Deductibility of Bribes to Foreign Public Officials and other related instruments, OECD ;Other useful documents * "The Second Chamber of Rajya Sabha".

'. 2009, The Second Chamber of Rajya Sabha, The Rajya Sabha * "The Two Houses: Powers and Relationship".

'. The Rajya Sabha * "Battling India's malaise of Corruption".

'. Address to the India CEO Forum Organised by International Market Assessment India Pvt. Ltd, CVC India * "Combating Corruption: Lessons Out Of India".

''.2009, International Public Management Review:Volume 10, Krishna K. Tummala


References


External links


The Lokpal and Lokayuktas Act,2013

Official portal of the Lok Sabha.

Official portal of the Rajya Sabha.



Official website of NCPRI.

Audio files of meetings of the Lokpal Bill
Source:NDTV
Second Administrative Reforms Commission
a committee appointed by the Government of India for giving recommendations for reviewing the public administration system of India {{DEFAULTSORT:Political Corruption Acts of the Parliament of India 2013 Anti-corruption measures in India Manmohan Singh administration 2013 in Indian law Anti-corruption laws