Governments Draft

Chairperson and 10 members (at least 4 judicial members)

Civil Society Draft

Chairperson and 10 members (at least 4 members with legal background). The Chairperson to have extensive knowledge of law.

Lok Sattas Stand

Chairperson and 10 members (at least 4 judicial members with members of CVC in ex-officio capacity)

Composition

Expenses

Expenses of Lokpal to be charged on the Consolidated Fund of India.

Expenses to be charged on the Consolidated Fund of India. The budget of the Lokpal should not be less than 0.25 percent of the total revenue of the Government of India. No sanction required from government to incur expenditure (CAG to audit Lokpal and a Parliamentary Committee shall appraise the functioning of Lokpal).

All Expenses of Lokpal to be charged on the Consolidated Fund of India.

Eligibility

Every Chairperson or member shall be of impeccable integrity with at least 25 years of experience in public affairs, academics, commerce, finance etc. Once appointed, he cannot be an MP, MLA or be connected with a political party, business or practice a profession. A judicial member has to be either a Chief Justice of the High Court or a judge of the Supreme Court.

A judicial member should have held judicial office for at least 10 years or been an advocate of the High Court or Supreme Court for at least 15 years. All members should be of impeccable integrity with record of public service especially in the field of corruption. A person cannot be a member if he is not a citizen of India, has a case

Lok Satta agrees with the governments stance on the eligibility criteria.

involving moral turpitude framed against him by a court, below 45 years, was a government servant within the last 2 years.

Selection committee

Composition: PM(Chair), Leader of Oppn. (both houses), 1 sitting SC judge and 1 HC chief justice nominated by the CJI, Lok Sabha Speaker, Leader of the house other than that in which PM is a member, Cabinet Secretary, Home Minister, President of the National Academy of Sciences

Composition: PM(Chair), Leader of Oppn. (only LokSabha), 2 sitting SC judges and 2 HC chief justices selected from a collegium of all SC judges, Chief Election Commissioner, C&AG, previous Lokpal Chairpersons

Composition: PM(Chair), Leader of Oppn. (both houses), 1 sitting SC judge and 1 HC chief justice nominated by the CJI, Lok Sabha Speaker, Leader of the house other than that in which PM is a member, Cabinet Secretary, Home Minister, President of the National Academy of Sciences Provision to have Lokayukta in each state and Lokadhikari (Local Ombudsman) in each district or group of districts very similar to Lokpal in composition, powers, functions and institutional mechanisms.

A Single Legislation by None Parliament applicable to the Union and States.

This draft provides only for the Lokpal for central public servants. The draft recommends for similar provisions for Lokayuktas in the States to deal with public servants of the State

Integration of CVC with Lokpal

None

None

Lok Satta recommends that it will be appropriate if three of the ten members of the Lokpal are chairman and members of CVC in ex-officio capacity. The CVC chairman and its members could be appointed in the same manner as the Lokpal. This will enable seamless integration between CVC and Lokpal. Anti-corruption wing of CBI should be made independent and should be brought under the broad supervision of Lokpal. Similarly in

Integration of CBI and ACBs

No proposal for integration

Merger of anti-corruption branch of CBI into Lokpal

states, the Anti Corruption Bureaus (ACBs) should be similarly brought under the supervision of Lokayuktas.

Investigative Wing Jurisdiction

Independent investigation wing All corruption cases under the Prevention of Corruption Act, 1988. It covers MPs, Ministers, Group A officers, any Group A officer in a company or body owned by the government, any officer of a society or trust that is financed by the government or gets funds under Foreign Contribution (Regulation) Act, 1976 or gets funds from the public. Excludes PM, judiciary and any action of an MP in the Parliament or Committee.

Independent investigation wing Offences by a public servant under the Indian Penal Code and the Prevention of Corruption Act, 1988. An act of corruption also includes any offence committed by an MP in respect of a speech or vote in the House; willfully giving or taking benefit from a person and victimizing a whistleblower or witness. It covers all public servants as defined in the Prevention of Corruption Act, 1988 (includes government employees, judges, MPs, Ministers, and Prime Minister).

Independent investigation wing In addition to the jurisdiction mentioned in the government draft, Lok Satta recommends that the Chief Ministers of the States should be brought under the jurisdiction of Lokpal at the national level. This will preserve the stature of Chief Ministers while at the same time ensure probity and integrity in state governments.

Whistle Blowers

No Provision for whistle blowers

Whistle Blower protection included

Lok Satta feels that inclusion of Whistleblowers protection will create a burden on the Lokpal and deter it from concentrating on the real goal. Therefore for settlement of grievances and protection of Whistleblowers separate institutions shall be created.