What’s changed, what hasn’t between original bill and amended version, headed for Rajya Sabha
Bill: Said it will only be applicable to states that give consent.
Select committee: Lokayukta mandatory for all states, which have the freedom to determine the specifics depending on their requirements.
Cabinet: Accepted. State must set up Lokayuktas within 365 days from the date of the Act.
Eligibility & appointment
Bill: Lokpal chairperson or members shall not be connected with any political party; one member will be an eminent jurist nominated by President.
Select committee: Replace the word “connected” with “affiliated”; one member will be an eminent jurist nominated by the President.
Bill: Includes societies, trusts and associations that receive donations from the public over a specified annual amount; those that receive foreign donations over Rs 10 lakh a year.
Select committee: Exclude organisations that receive public donations from the public over a certain specified annual amount.
Cabinet: Not accepted. Exclude only public religious or charitable trusts, and endowments or societies for religious or charitable purposes.
Bill: If Lok Pal decides to proceed on a complaint, it shall order a preliminary inquiry by the inquiry wing or any other investigative agency.
Select committee: If it decides to proceed, it shall either order a preliminary inquiry, or if a prima facie case already exists it may order an investigation by any investigative agency.
Cabinet: Accepted with modification. The Lokpal should, before concluding there is a prima facie case, call for an explanation from the public servant, and order an investigation only after that.
Bill: During inquiry, comments of the public servant and competent authority shall be obtained; the public servant shall be given an opportunity of being heard.
Select committee: Replace “shall be obtained” with “may be obtained”; delete provision for giving an opportunity of being heard.
Cabinet: Not accepted.
Bill: Government to appoint director of CBI on the recommendation of PM, Leader of Opposition in Lok Sabha, and CJI or an SC judge.
Select committee: Appointment of director (2-year term) by a collegium comprising PM, Leader of Opposition and CJI; when cases referred by Lok Pal, power of superintendence over CBI shall vest in Lok Pal; CBI officers investigating such cases can be transferred only with Lok Pal’s approval; for these cases CBI may appoint a panel of advocates (other than government advocates) with Lok Pal’s consent; CBI to have separate directorate of prosecution whose director (2-year term) will be appointed by CVC recommendation.
Cabinet: Accepted all recommendations except the one