New Delhi, Aug 3: The Prime Minister A B Vajpayee introduced the Lokpal Bill in the Lok Sabha on Monday saying that his government has fulfilled the promise made in the national agenda of governance.The 32-clause bill seeks to bring the Prime Minister, ministers and members of Parliament under the purview of the Prevention of Corruption Act.
The institution of the Lokpal will be constituted with a committee headed by the vice president recommending names of its chairperson and two other members
With a view to ensuring the freedom of the institution of the Lokpal, the prime minister said the bill provides that the chairperson and the members shall not be removed from office except by an order of the president on the ground of proven misbehaviour or incapacity.
The bill provides that such a decision can be taken by the President only after an inquiry by a committee consisting of the chief justice of India and two other judges of the Supreme Court, next to the Chief Justice in seniority.
The concernedmember will have to informed of the charges against him and given a reasonable opportunity of being heard in respect of the charges.
The Lokpal will inquire into complaints that a public functionary, which has been defined as prime minister, ministers, ministers of state, deputy ministers and members of parliament, has committed an offence punishable under the Prevention of Corruption Act.
The Bill seeks to carry out the object and purpose of the recommendations of the Administrative Reforms Commission for enabling a citizen to have recourse to a convenient and effective forum for determination of complaints and thereby save him from pursuing his remedy through the process of courts, which may prove expensive or dilatory and may not facilitate in speedy determination.
The Bill also seeks to make "special provisions for discouraging frivolous, vexatious and false complaints." It also provides for annual declaration of assets and liabilities by members of parliament and their family members.
Tracing thehistory of the Bill, the Prime Minister said in its interim report on the "problem of redressal of citizens grievances" submitted in 1966, the Administrative Reforms Commission recommended, inter alia, the setting up of an institution Lokpal.
To give effect to this recommendation of the ARC, a Bill called the Lokpal and the Lokayuktas Bill, 1968 was introduced in the fourth Lok sabha in 1968. The Bill was considered by a joint committee of two houses of of Parliament and it was passed by the Lok Sabha in 1969.
While the Bill was pending in Rajya Sabha, the fourth Lok sabha was dissolved and consequently, the Bill lapsed. In 1971, the Bill passed by the previous Lok Sabha was reintroduced in the Lok Sabha as the Lokpal and Lokayuktas Bill 1971.
"This Bill also lapsed on the dissolution of the fifth Lok Sabha.
A fresh Bill called the "Lokpal Bill, 1977" was introduced in the Lok Sabha in 1977. The Bill was referred to a joint committee of both the houses of Parliament which submitted its report in July1978.
When the Bill, as reported by the joint committee, was under consideration of the Lok Sabha, the Lok Sabha was prorogued and was subsequently dissolved consequently the Bill against lapsed.
The Lokpal Bill, 1985 was introduced again in the Lok Sabha and subsequently withdrawn.
The Lokpal Bill, 1989, which sought to include the office of Prime Minister also within the jurisdiction of the Lokpal, lapsed with the dissolution of the Lok Sabha again.
The Bill was again introduced in the Lok Sabha on September 13, 1996. Thereafter, it was referred to the Parliamentary standing committee on Home Affairs for examination and report. The standing committee presented it report to the Parliament on may 9, 1997.
Before the government could finalise its stand on the various recommendations of the committee, the Lok Sabha was dissolved on December 4, 1997.
It is anticipated that a non-recurring expenditure of Rs 25 lakh and a recurring cost of Rs 1 crore will be involved in establishing Lokpal.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.