How to ensure that there is no corruption within Jan Lokpal?
a. Firstly, by ensuring that the right person is selected for this role!
Selection process for the members and Chairperson of Jan Lokpal and Jan Lokayukta has been kept transparent, broad based and participatory.
- The 10 members and the chairperson of Jan Lokpal will be selected by a Selection Committee that would comprise of the PM, Leader of the opposition in Lok Sabha, two youngest judges of Supreme Court (SC), two youngest Chief Justices of High Courts, Comptroller and Auditor General (CAG) and the Chief Election Commissioner (CEC). The Selection Committee will make the above appointment from a pool of shortlisted candidates that has been identified by a “Search Committee”.
- The “Search Committee” is a 10-member committee formed as follows: First, the Selection Committee selects five members from retired Chief Election Commissioners and retired CAGs. However those CECs and CAGs who have any substantive allegation of corruption against them or who have joined any political party after retirement or who are still in any government appointment shall not be eligible. These 5 members will then select another 5 members from the civil society to make the 10-member Search Committee.
- The Search Committee will invite recommendations from various eminent people (like journalists, academics, etc). These names will be put up on a website and public feedback invited. The search committee will then, by consensus, choose 3 times the number of vacancies. This list will be forwarded to the Selection Committee which will then make final selections through consensus.
- All meetings of the Search Committee and Selection Committee shall be video recorded and will be made public.
- Jan Lokpal and Jan Lokayukta will then select and appoint its own officers and staff.
b. Secondly, by ensuring that they work well!
- Every complaint to Jan Lokpal or Jan Lokayukta shall have to be compulsorily disposed. No complaint could be rejected without giving a hearing to the complainant. If any case is closed, all records related thereto shall be made public.
- The functioning of Jan Lokpal and Jan Lokayukta will be completely transparent. All records will be open to the public, barring those which will affect national security or security of the whistle blower. Those which will impede the process of investigation, may be withheld during investigations but these records will also have to be disclosed after conclusion of investigations.
- Lokpal will publish every month on its website the status of cases received, disposed, closed, reasons for closure and the list of cases pending.
c. Thirdly, by ensuring that Jan Lokpal and Jan Lokayukt are not influenced!
The Chairperson and members will not be eligible for appointment to any position in the government or for contesting elections after they leave office.
d. Fourthly, by ensuring that if not working well, they can be removed!
(i) Removal of corrupt staff in Lokpal or Lokayukta
Complaints of corruption against the staff could be made to an independent platform, which will be set up in each Commissionerate or at the level of each state and at national level. These complaints will be enquired into within a month. If the allegations are proved, the corrupt staff will be dismissed from the job in the next one month and a criminal case will be registered under various sections of Indian Penal Code and Prevention of Corruption Act.
(ii) Removal of Lokpal or Lokayukta members or Chairperson
Complaints against members and chair person could be made to Supreme Court or respective High Court. A bench of respective Court, after hearing, may order the formation of a Special Investigation Team that will conduct an inquiry and submit its report within 3 months. On the basis of this enquiry report, the respective Court may order removal of the member or Chairperson.
Reference Site: IAC Site
