Lok Sabha Question No. 2769 (UNSTARRED), answered on 2017-08-02
Subject: Lokpal
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: K. C. VENUGOPAL, SANTOSH AHLAWAT

## GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL & TRAINING)

## LOK SABHA

## UNSTARRED QUESTION NO. 2769

(TO BE ANSWERED ON 02.08.2017)

## LOKPAL

## 2769.   SHRI K.C. VENUGOPAL: SHRIMATI SANTOSH AHLAWAT:

Will the PRIME MINISTER be pleased to state:

- (a) the present status of establishment of Lokpal and Lokayuktas;
- (b) the  action  taken  by  the  Government  on  Parliamentary  Standing  Committee  report  on Lokpal and Lokayukta Bill;
- (c) whether the current Lokpal and Lokayukta Bill does not specify the term of the jurist to be appointed on the recommendation of the PM and other members of the selection panel and if so, the details thereof and the reasons therefor;
- (d) whether  the  Government  is  working  on  tying  some  loose  ends  in  the  Lokpal  and Lokayukta Act, before it introduces an amendment Bill in Parliament and also proposes to introduce it in the current session; and
- (e) if so, the details thereof and if not, the time frame fixed for the same?

## ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister's Office. (DR. JITENDRA SINGH)

(a)to(e): The Lokpal and Lokayuktas Act, 2013 came into force w.e.f. 16.01.2014.The Selection Committee  under  section  4(1)  of  the  Act,  constituted  an  eight  Member  Search  Committee  on 21.02.2014 in terms of section 4(3) of the Act. Two members of the Search Committee declined the offer of appointment.  Looking into such difficulties experienced and also to remove certain difficulties  in  the  operationalisation  of  the  Act,  the  Government  introduced  the  Lokpal  and Lokayuktas and other related law (Amendment) Bill, 2014 in Lok Sabha on 18.12.2014. The Bill, inter-alia,  includes  providing  for  a  fixed  tenure  of  three  years  with  no  re-nomination  for  the eminent jurist, to be nominated in the Selection Committee under section 4(1)(e) of the Act. The Bill  was  referred  to  the  Department  -related  Parliamentary  Standing  Committee  on  Personnel, Public  Grievances,  Law  and  Justice  for  examination  and  report.  The  said  Committee  has submitted  its  report  in  the  Parliament  on  07.12.2015.  The  recommendations  of  the  said Committee were presented before an Inter-Ministerial Committee (IMC) comprising seven Union Ministers. The recommendations of the IMC are under consideration of the Government.

Further, as per the provisions of Section 63 of the Lokpal and Lokayuktas Act, 2013:

'Every State shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Legislature, to deal with complaints relating to corruption against certain public functionaries, within a period of one year from the date of commencement of this Act.'

Thus,  Section  63  of  Lokpal  and  Lokayuktas  Act,  2013  stipulates  that  it  is  the  sole prerogative of State Government concerned to enact law in this regard. So, establishment of the institution  of  the  Lokayukta  including  any  appointment  therein  falls  within  the  domain  of  the States.

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