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The concept of Ombudsman originated in the Scandinavian countries. In 1964, the
Santhanam Committee on prevention of corruption and in 1966 the Administrative
Reforms Commission headed by Morarji Desai, recommended the institution of
Lokpal. Having lapsed on a number of occasions earlier, the Lokpal Bill has been
reintroduced in the Parliament.
The contents of the Bill include: -
- The President shall appoint the Lokpal on the recommendations of a committee
comprising of the Vice President, The Prime Minister, The Lok Sabha Speaker, the
Home Minister, the leader of the House of which the Prime Minister is not a
member and the opposition leaders of both the houses or the leader of the single
largest opposition group.
- The Lokpal shall consist of a Chairperson who is or has been a Chief Justice or
a Judge of the Supreme Court and two other members who are or have been Judges
of Supreme Court or Chief Justices of High Courts.
- Neither the Chairman nor the two members should have any political affiliations
and they shall have a fixed tenure of three years.
- Lokpal shall enquire into complaints alleging that a "public functionary" has
committed an offence punishable under The Prevention of Corruption Act, 1988.
The phrase "public functionary" shall cover the Prime Minister, The Cabinet
Ministers, the Ministers of State, the Deputy Ministers and the members of
Parliament. However the allegations against the Prime Minister related to his
functions in the area of national security and in maintainance of public order,
have been kept out of Lokpal's ambit. Other constitutional functionaries like
Judges of the Supreme Court and the Election Commissioners have also been kept
out of the purview of the Bill.
- To ensure the independence of the Lokpal, the Bill provides that its members
shall not be removed from office except by an order of the President, on grounds
of proven misbehavior and incapacity, only after an enquiry by a committee
consisting of the Chief Justice of India and two other judges.
- The Lokpal has been vested with the powers of a civil court and any person other
than a public servant can make a complaint to it.
- The Bill provides for an open Court enquiry, which shall have to be completed
within six months from the date of receipt of the complaint, with a provision of
further extension of six more months on basis of reasons recorded in writing
thereto.
- Lokpal shall not enquire into any complaint made ten years after an alleged
offence has been committed.
- Lokpal can take cognizance of the complaint even in the form of a letter written
by a person from jail or other place of custody. It has also been vested with
the powers to penalize frivolous complaints.
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