518:
to the modification that the references therein to the High Court shall be construed as including a reference to the Lokpal." Review of proceedings and decisions by Lokpal is prevented in the bill by the statement "...no proceedings or decision of the Lokpal shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary Civil
Jurisdiction.". As a result, how the trials will be conducted is unclear in the bill, although the bill outlines requiring judges for special courts, presumably to conduct trials that should be completed within one year. The critics hence express concern that, without judicial review, Lokpal could potentially become an extra-constitutional body with investigative and judicial powers whose decisions cannot be reviewed in regular courts.
222:
Prosecution Wing to proceed against the public servant based on the agency's chargesheet. It may also ask the competent authority to take departmental action or direct the closure of the report. Previously, the authority vested with the power to appoint or dismiss a public servant was the one to grant sanction under
Section 197 of the Code of Criminal Procedure and Section 19 of the Prevention of Corruption Act. Now this power will be exercised by the Lokpal, a judicial body. In any case, the Lokpal will have to seek the comments of the ‘competent authority’ as well as the public servant's comments before granting such sanction.
540:
under Lokpal. Central Bureau of
Investigation officers concede that in some sensitive political cases there is interference from the government, but in respect of an overwhelming majority of cases the Central Bureau of Investigation functions well, unfettered and uninfluenced by extraneous considerations. For this reason there is an ever-increasing demand for Central Bureau of Investigation investigations from all over the country in respect of important cases.
566:
552:
295:"The government said, ‘we will suppress the agitation of Anna Hazare as had been done in the case of Ramdev’. Is this democracy or autocracy? You cannot suppress.... That is why we will go to the Supreme Court tomorrow," Hazare told reporters, adding "the Constitution has given right to every citizen to lodge a protest. We will launch the agitation from August 16."
210:
have to complete its preliminary inquiry and submit a report to the Lokpal within 60 days. It has to seek comments from both the public servant and "the competent authority," before submitting its report. There will be a ‘competent authority’ for each category of public servant. For instance, for the Prime
Minister, it is the
171:
officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of
Parliament or wholly or partly funded by the Union or State government. It also covers any society or trust or body that receives foreign contribution above ₹10 lakh (approx. US$ 12,045/- as of 2024).
226:
Prosecution Wing, headed by a
Director of Prosecution. Until these officers are appointed, the government will have to make available officers and staff from its Ministries and Departments to conduct preliminary inquiries and pursue prosecution. The institution will also have to appoint other officers and staff.
214:, and for other Ministers, it will be the Prime Minister. And for department officials, it will be the Minister concerned. It also has a “Prosecution Wing headed by the Director of Prosecution for the purpose of prosecution of public servants in relation to any complaint by the Lokpal under this Act”.
517:
The bill also states that "Lokpal shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise, and, for this purpose, the provisions of the
Contempt of Courts Act, 1971 (Central Act 70 of 1971) shall have the effect subject
292:
the
Cabinet, one from each side. Anticipating some sort of police action against his fast, intended for 16 August, social activist Anna Hazare said he would ask the Supreme Court to prevent any situation similar to the police crackdown on Baba Ramdev and his supporters at Ramlila Maidan. (No source)
225:
The Lokpal will have a
Secretary, who will be appointed by the Lokpal Chairperson from a panel of names prepared by the Union government. The Secretary will be of the rank of Secretary to the Government of India. The Lokpal will have to appoint an Inquiry Wing, headed by a Director of Inquiry, and a
209:
Institution of Lokpal has “Inquiry Wing, headed by the
Director of Inquiry, for the purpose of conducting preliminary inquiry into any offence alleged to have been committed by a public servant which is punishable under the Prevention of Corruption Act, 1988.The Inquiry Wing or any other agency will
539:
strongly argued against its vivisection and merger of its anticorruption wing with the Lokpal, noting that this would seriously cripple the core functioning of the bureau and reduce it to irrelevance. An organisation built over last 60 years comprising competent professionals should not be subsumed
272:
notification constituting a 10-member Joint Committee of government ministers and civil society activists, including him, to draft a bill for the creation of an effective Lokpal. Thousands of people from all over India, especially youth, supported Anna Hazare's cause by attending candle lit marches
174:
The Lokpal, however, cannot inquire into any corruption charge against the Prime Minister if the allegations are related to international relations, external and internal security, and public order, unless a full Bench of the Lokpal, consisting of its chair and all members, considers the initiation
291:
On 16 June, Civil Society reported that only 15 points, of 71, that they recommended have been agreed to by the Joint Committee consisting of five central ministers. Following differences with the Civil Society, the team of five central ministers decided to forward two drafts of the Lokpal Bill to
170:
The Lokpal has jurisdiction to inquire into allegations of corruption against anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as officials of the Union government under Groups A, B, C and D. Also covered are chairpersons, members,
526:
The matter of whether the Indian Prime Minister and higher judiciary should or should not be prosecutable by the Lokpal remains as one of the major issues of dispute. Anna's own nominee for co-chairing the joint panel Justice Verma, the former Chief Justice of the Supreme Court, has expressed his
311:
in 2010 was considered ineffective by some anti-corruption activists from civil society, who came together to draft a citizen's version of the Lokpal Bill later called the Jan Lokpal. Public awareness drives and protest marches were carried out to campaign for the bill. Public support for the Jan
509:
Kejriwal rejected the claim of Lokpal being extra-constitutional with the explanation that the body will only investigate corruption offences and submit a charge sheet which would then be tried and prosecuted through trial courts and higher courts, and that other bodies with equivalent powers in
229:
Public servants will have to declare their assets and liabilities in a prescribed form. If any assets found in their possession is/are not declared, or if misleading information about these are furnished, it may lead to an inference that assets were acquired by corrupt means. For public servants
217:
A Lokpal Bench consisting of no less than three members shall consider the preliminary inquiry report, and after giving an opportunity to the public servant accused of corruption for his/her defence, decide whether it should proceed with the investigation. It can order a full investigation, or
513:
Despite these clarifications, critics feel that the exact judicial powers of Lokpal are rather unclear in comparison with its investigative powers. The bill requires "...members of Lokpal and the officers in the investigation wing of Lokpal shall be deemed to be police officers". Although some
221:
After the investigation, the agency ordered to conduct the probe has to file its investigation report in the court of appropriate jurisdiction, and a copy of the report has to be filed before the Lokpal. A Bench of at least three members will consider the report and may grant sanction to the
298:
On 27 December 2011, the Lokpal bill was passed by the Lok Sabha after a day-long debate and amendments. The Indian Army, the Indian Air Force and the Indian Navy have been kept out of the jurisdiction of the Lokpal. The bill also keeps the CBI independent. (No source)
188:
against a public servant. There is no restriction on who can make such a complaint. When a complaint is received, the Lokpal may order a preliminary inquiry by its Inquiry Wing, or refer it for investigation by any agency, including the CBI, if there is a
197:
case exists. This provision, the Act says, will not interfere with any search and seizure that may be undertaken by the investigating agency. The Lokpal, with respect to Central government servants, may refer the complaints to the
218:
initiate departmental proceedings or close the proceedings. It may also proceed against the complainant if the allegation is false. The preliminary inquiry should normally be completed within 90 days of receipt of the complaint.
953:
1476:
360:
with key amendments moved. During the 10-hour house debate, a number of opposition parties claimed introduced bill was weak and wanted it withdrawn. Key amendments that were discussed but defeated were following:
343:
on 7 April to find ways to bridge differences over the bill. However, no consensus could be reached on 7 April owing to several differences of opinion between the social activists and the Government. (No source)
42:
seeking the appointment of a Jan Lokpal, an independent body to investigate corruption cases and complete the investigation within a year for envisaging trial in the case getting completed within one year.
493:
Delhi, the bill "is premised on an institutional imagination that is at best naïve; at worst subversive of representative democracy". The very concept of a Lokpal concept received criticism from ex
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81:
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constitutional objections for including the Prime Minister and higher judiciary under Lokpal. According to him, "this would foul with the basic structure of the constitution".
464:. 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
814:
1007:
152:
Inquiry has to be completed within 60 days and investigation to be completed within six months. Lokpal shall order an investigation only after hearing the public servant.
1204:
985:
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demanding the passing of the bill. Hazare called off his hunger strike on 9 April 2011, bringing to an end his 98-hour protest after the government issued a
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case. Before the ordering of an investigation by the agency, the Lokpal shall call for an explanation from the public servant to determine whether a
61:) signifies that these improvements include inputs provided by "ordinary citizens" through an activist-driven, non-governmental public consultation.
1444:
846:
1458:
356:
Parliament winter session passed the Government's Lokpal as the Lokpal and Lokayukta Bill 2011. Before passing this bill, it was introduced in
788:
113:
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supporters have denied any judicial powers of Lokpal, the government and some critics have recognised Lokpal to have quasi-judicial powers.
639:
1358:
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A selection committee will invite short-listed candidates for interviews, the video recordings of which will thereafter be made public.
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324:
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directed the personnel and law ministries to see how the views of social activists could be included in the bill. On 5 April, the
280:
Anna Hazare on 8 June 2011, declared that he would again fast unto death on 16 August, if the Lokpal bill were not passed by the
1015:
603:
536:
1211:
146:
officers with a clean record, private citizens and constitutional authorities through a transparent and participatory process.
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461:
139:. As a result, it will be completely independent of the government and free from ministerial influence in its investigations.
1401:
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766:
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The institution cannot entertain review petition on the order passed by it as there is no provision to review its orders.
143:
202:(CVC). The CVC will send a report to the Lokpal regarding officials falling under Groups A and B; and proceed as per the
434:
419:
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136:
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failed to take place for lack of time. On 21 May 2012, it was referred to a Select Committee of the Rajya Sabha for
494:
490:
328:
132:
1534:
Final Version 2.3 under official consideration – redrafted by Ramarao Veluri, available on Govt of India website
285:
1305:
411:
184:
A complaint under the Lokpal Act should be in the prescribed form and must pertain to an offence under the
120:
1073:
261:
510:
other matters exist. The bill also lists clear provisions for the Supreme Court to abolish the Lokpal.
410:
to inquire into allegations of corruption against certain important public functionaries including the
453:
181:, and if the complaint is dismissed, the records shall not be published or made available to anyone.
1236:
580:
423:
415:
376:
Keeping the defence forces and coast guard personnel out of the purview of the anti-graft ombudsman
308:
281:
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980:
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841:
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486:
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403:
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rejected the Lokpal bill drafted by the government. Union Human Resource Development Minister
1501:
203:
175:
of a probe, and at least two-thirds of the members approve it. Such a hearing should be held
155:
Losses to the government by a corrupt individual will be recovered at the time of conviction.
465:
1280:
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1090:
1408:
1312:
340:
274:
47:
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who alert the agency to potential corruption cases will also be provided with protection.
336:
158:
1542:
317:
69:
46:
The Jan Lokpal aimed to deter corruption, compensate citizen grievances, and protect
35:
557:
1420:
84:
and taken forward by a group of activists that came to be styled by the media as
565:
498:
446:
384:
332:
313:
253:
194:
190:
815:"Parliamentary panel asks Centre to explore feasibility of amending Lokpal Act"
571:
547:
442:
231:
1038:"Hazare fast: Sibal meets Agnivesh, Kejriwal to pursue constructive dialogue"
406:
in India which "seeks to provide for the establishment of the institution of
249:
To judge whether a case is genuine or whether a fake complaint has been made.
1528:
1363:
1330:
869:"'Govt agreed to only 15 of the 71 points of Lokpal Bill' - Rediff.com News"
430:
357:
353:
265:
211:
177:
108:
85:
1210:. Department of Personnel and Training, Government of India. Archived from
1130:"News / National : No vote on Lokpal, Rajya Sabha adjourns abruptly"
661:"India marcheslka.com/story_main48.asp?filename=Ws280111SOCIETY_II.asp".
482:
450:
257:
1459:"Hazare proposes Justices Verma, Hegde as chairman of Lokpal Bill panel"
789:"Lokpal has no power to review its order | India News - Times of India"
663:
535:
In a presentation before the Standing Committee of the Parliament, the
269:
1267:
501:
in that it would lack accountability, be oppressive and undemocratic.
457:
438:
407:
102:
944:"Anna Hazare announces fast unto death till Jan Lokpal Bill enacted"
379:
Increasing the exemption time of former MPs from five to seven years
679:"India should learn a lesson from Hong Kong on tackling corruption"
531:
Criticism from the Director of the Central Bureau of Investigation
323:
To dissuade Hazare from going on an indefinite hunger strike, the
39:
607:
246:
To make jurisdictions against corruption cases with the Lokpal.
23:, an anti-corruption Act passed by the parliament of India.
320:
from 5 April 2011 for the passing of the Jan Lokpal bill.
72:, a member of parliament during a debate. (Source needed)
1435:"Can Lokpal be investigator, prosecutor, jury and judge?"
456:
that stretched until midnight of the following day, the
365:
Including corporates, media and NGOs receiving donations
1187:"Lokpal Bill gets President's nod - The Times of India"
1040:. TruthDive. Archived from the original on 21 July 2011
468:
on 1 January 2014 and came into force from 16 January.
230:
under the State governments, the States have to set up
1477:"Judiciary, PM should not be under Lokpal: Former CJI"
1103:"Lokpal Bill tabled in Rajya Sabha, din blocks debate"
485:
in its approach to combating corruption. According to
1495:"Functioning of Lokpal and the CBI: Need for Synergy"
837:"Anna Hazare sets Aug 15th deadline for Lokpal Bill"
307:
The first version of the Lokpal Bill drafted by the
976:"Mumbai to join Hazare's fast today for Jan Lokpal"
100:To establish an anti-corruption institution called
82:
Hong Kong Independent Commission Against Corruption
894:
892:
890:
260:rights activist, had started a fast unto death at
234:to deal with charges against their own officials.
914:"Drive around Delhi to demand strong Lokpal Bill"
704:"What is the Jan Lokpal Bill, why it's important"
604:"What is the Jan Lokpal Bill, why it's important"
1266:, Abantika Ghosh, TNN, 30 June 2011, NEW DELHI,
1091:No vote on Lokpal, Rajya Sabha adjourns abruptly
80:The demand for a Jan Lokpal was inspired by the
1334:. Chennai, India. 15 April 2011. Archived from
1326:"Opinion: Jan Lokpal bill: addressing concerns"
1008:"Find ways to include activists' opinion: PMO"
445:Bill, 2011. It was subsequently tabled in the
8:
372:Amendments that the house agreed upon were:
348:Lokpal and Lokayukta Bill 2011 in Parliament
742:"What are the powers and duties of Lokpal?"
1264:Jan Lokpal a Frankenstein's monster: Sibal
698:
696:
694:
692:
481:The activist bill was criticised as being
96:Some important features of the bill are:
900:"Social activists draft new Lokpal Bill"
368:Bringing CBI under the purview of Lokpal
592:
312:Lokpal Bill draft gathered steam after
1411:, Saturday, 9 April 2011, e-news4u.com
1359:"Lokpal panel postpones sticky issues"
1281:"I will fight till death: Anna Hazare"
1051:
630:"Support for Anna Hazare grows online"
598:
596:
769:. The Indian Express. 21 January 2019
767:"Simply put: The search for a Lokpal"
735:
733:
731:
729:
727:
725:
723:
721:
142:Members will be appointed by judges,
7:
1433:Dhananjay Mahapatra (27 June 2011).
1402:Full details Jan Lokpal Bill – Draft
1167:from the original on 12 October 2017
956:from the original on 19 October 2017
740:Venkataramanan, K. (23 March 2019).
1155:Economic Times (18 December 2013).
437:by the House on 27 December as The
396:The Lokpal and Lokayuktas Act, 2013
391:The Lokpal and Lokayuktas Act, 2013
55:
21:The Lokpal and Lokayuktas Act, 2013
426:and for matters connecting them".
277:through social media. (No source)
16:Proposed legislative bill in India
14:
1549:Anti-corruption activism in India
1279:Kattakayam, Jiby (7 April 2011).
1157:"Lokpal Bill passed in Lok Sabha"
988:from the original on 5 April 2011
920:. 9 February 2021. Archived from
206:against those in Groups C and D.
1367:. Chennai, India. Archived from
1237:"Of the few, by the few version"
1128:K.V. Prasad (30 December 2011).
817:. Hindustan Times. 16 March 2021
564:
550:
383:This bill was then presented in
316:announced that he would hold an
106:at National level, supported by
1014:. 10 March 2011. Archived from
537:Central Bureau of Investigation
1423:, Jan Lokpal Bill version 1.8,
1390:Full text: The Jan Lokpal Bill
1:
1357:Parsai, Gargi (24 May 2011).
1074:"Lok Sabha passes Lokpal Bil"
845:. 8 June 2011. Archived from
144:Indian Administrative Service
433:on 22 December 2011 and was
325:Office of the Prime Minister
200:Central Vigilance Commission
186:Prevention of Corruption Act
1306:Jan Lokpal Bill version 1.8
429:The Bill was tabled in the
422:, Group A officials of the
284:by 15 August, which is the
1577:
706:. NDTV.com. 16 August 2011
495:Human Resource Development
491:Centre for Policy Research
335:then met social activists
131:will be supervised by the
30:, also referred to as the
18:
1058:: CS1 maint: unfit URL (
329:National Advisory Council
286:Independence Day of India
34:, was a bill drawn up by
1554:Anti-corruption agencies
1529:India Against Corruption
902:. DNA. 24 December 2010.
449:on 29 December. After a
404:Act of Indian Parliament
402:, is an anti-corruption
119:As is the case with the
32:Citizen's Ombudsman Bill
19:Not to be confused with
1392:, CNN-IBN, 7 April 2011
1107:Business Standard India
685:. India. 6 August 2011.
387:where it hit a logjam.
121:Supreme Court of India
68:was coined in 1963 by
1500:. CBI. Archived from
1407:26 April 2012 at the
420:members of parliament
352:On 27 December 2011,
1311:8 April 2011 at the
505:Extra-constitutional
398:, commonly known as
303:Campaign for passage
166:Powers of the Lokpal
1080:. 27 December 2011.
642:on 17 December 2013
581:Corruption in India
489:, President of the
309:Government of India
282:Parliament of India
137:Election Commission
125:Cabinet Secretariat
1559:Ombudsmen in India
1463:The Indian Express
1440:The Times of India
1268:The Times of India
1242:The Indian Express
1191:The Times Of India
1109:. 13 December 2013
1078:The Indian Express
981:The Indian Express
949:The Economic Times
924:on 21 October 2012
842:The Times of India
793:The Times of India
683:The Economic Times
667:. 28 January 2011.
635:The Times of India
487:Pratap Bhanu Mehta
424:Central Government
241:Fundamental duties
1481:Malayala Manorama
849:on 7 January 2014
795:. 15 October 2020
416:cabinet ministers
133:Cabinet Secretary
1566:
1517:
1516:
1514:
1512:
1506:
1499:
1491:
1485:
1484:
1473:
1467:
1466:
1455:
1449:
1448:
1447:on 19 July 2012.
1443:. Archived from
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1412:
1399:
1393:
1387:
1381:
1380:
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1338:on 17 April 2011
1322:
1316:
1315:, annahazare.org
1303:
1297:
1296:
1294:
1292:
1287:. Chennai, India
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1136:. Chennai, India
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1093:
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1070:
1064:
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1057:
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1034:
1028:
1027:
1025:
1023:
1018:on 14 March 2011
1004:
998:
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984:. 5 April 2011.
972:
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963:
961:
952:. 4 April 2011.
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638:. Archived from
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610:. 16 August 2011
600:
574:
569:
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560:
555:
554:
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466:Pranab Mukherjee
275:online campaigns
60:
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1483:. 26 June 2011.
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1465:. 8 April 2011.
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1409:Wayback Machine
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318:indefinite fast
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159:Whistle-blowers
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59: citizens
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48:whistle-blowers
28:Jan Lokpal Bill
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1371:on 30 May 2011
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1205:"Notification"
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333:Kapil Sibal
314:Anna Hazare
254:Anna Hazare
195:prima facie
191:prima facie
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588:References
572:Law portal
472:Criticisms
443:Lokayuktas
232:Lokayuktas
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