Selection & Composition of Lokpal

The Lokpal Act should lay down an objective and transparent criteria such as competence, experience, qualification etc for the selection of candidates for appointment to the Lokpal. The selection committee should be broad-based consisting of members of the executive, leaders of parliament, members of the higher judiciary, jurists and academicians. The search committee constituted by the selection committee should also be broad-based. Composition: Apart from the chairperson, there should be 10 members in the Lokpal. Out of these four shall be judicial members, three can be persons with administrative and civil service backgrounds and the other three should be drawn from fields such as law

 Jurisdiction

While corruption in high places has to be tackled on a priority basis, for the ordinary citizen, it is the corruption faced by them in daily life and in dealings with public authorities that also needs to be urgently taken up. Much of this sphere of corruption falls in dealings with authorities at the states-level. The Lok Ayuktas set up on the lines of the Lokpal should bring all state government employees, local bodies and the state corporations under their purview. Further, a citizen’s grievances redressal machinery that we have proposed be set up separately, should address all grievances regarding delivery of basic services and entitlements for citizens.

a) Prime Minister: The Prime Minister should be brought under the purview of the Lokpal with adequate safeguards. The office of Prime Minister along with all public servants was brought under the purview of Lokpal by the V.P. Singh Government in 1989 and in all subsequent draft legislations, the Prime Minister has been placed under the Lokpal. In fact a Parliamentary Standing Committee headed by Shri Pranab Mukherjee had made precisely this point while examining the 2001 Lokpal Bill. For the first time since 1989, this government presiding over a large number of scams, is unwilling to ensure accountability of the highest executive office. Clearly, all public servants of the Union Government within the definition in the Prevention of Corruption Act, which includes the Prime Minister, must fall within the purview of the Lokpal.

b) Judiciary: The judiciary too needs to be brought under scrutiny and made more accountable, and the stringent requirement of prior permission and sanction from the Chief Justice to file FIRs and investigate corruption charges has resulted in a de facto immunity to them. But the proposals to bring them under Lokpal encroach upon the constitutionally guaranteed independence of the Supreme Court. If a mere allegation of mala fide is enough for the Lokpal to start an inquiry into the actions of judges, it may not allow judges to act without fear.

Complaints about corruption against the judges of the Supreme Court and the High Courts should be handled by a separate body, the National Judicial Commission. This Commission should take care of the appointments in the higher judiciary and oversee their conduct and enquire into the complaints of corruption. For this, necessary legislation will have to be passed. The Judicial Standards and Accountability Bill, 2010 is woefully inadequate for this purpose.

c) Members of Parliament: At present, the scrutiny of the conduct of Members of Parliament with regard to any corrupt practice is weak and unsatisfactory. For Members of Parliament, Article 105 of the Constitution provides protection with regard to freedom of speech and voting. The real issue is how to ensure that this freedom and protection does not extend to acts of corruption by Members of Parliament. This can be done through an amendment to Article 105, on the lines recommended by the National Commission to Review the Working of the Constitution. Alternatively, if feasible, there can be legislation that if any Member of Parliament indulges in any act of corruption that motivates his or her action in Parliament (voting, speaking etc.), then this act falls within the purview of the Prevention of Corruption Act and the IPC.