03.12.

2015

White paper on Janlokpal Bill, 2015 by Delhi Congress

An insight to Glaring Shortcomings in the legislation proposed by Kejriwal Government
S. No.
1.

2014 Jan Lokpal Bill (Delhi)

2015 Jan Lokpal Bill (Delhi)

Financial Memorandum:

Financial Memorandum:

The Delhi Jan Lokpal Bill, 2014 does not

involve any financial assistance from
Central Government through substantive
expenditure from Consolidated Funds of
National Capital Territory of Delhi.
In so far as the Office of Jan Lokpal is
concerned its restructuring shall involved
additional expenditure to be tune of 12.11
crore on the Consolidated Fund of
National Capital Territory of Delhi.

COMMENTS OF DELHI CONGRESS

The Financial Expenditure Clause which existed in

the 2014 Jan Lokpal Bill tabled by Shri Kejriwal in
The Delhi Jan Lokpal Bill, 2015
the Assembly on 13.02.2014 has now been removed
does not involve any financial
in the 2015 Bill by Shri Kejriwal.
assistance
from
Central
Government through substantive The only intention of AAP Government behind such
expenditure from Consolidated deliberate omission carries a single agenda- to
Funds
of
National
Capital manufacture fresh clashes with the LG & the Central
Territory of Delhi.
Government through which the Jan Lokpal
Legislation will be again left in abeyance.
The entire paragraph & schedule detailing the
financial expenditure by Delhi Government on the
office of Jan Lokpal which existed in the 2014 Bill,
has now been deliberately removed in the 2015 Bill
to eliminate the need of sending the Bill for approval
of Central Government, a mandatory requirement for
Financial Bills under Section 22 of the GNCTD Act.
And in absence of which the bill will now eventually
fail.
Exposes AAPs double speak and their lack of desire
to actually pass the Jan Lokpal Bill.

S. No.
2.

2014 Jan Lokpal Bill (Delhi)

2015 Jan Lokpal Bill (Delhi)

Investigation and Prosecution Wing Section

10

(1)

COMMENTS OF DELHI CONGRESS

The The new draft of the Janlokpal Bill (2015) has
Page 1 of 11

S. No.
3.

S. No.
4.

Section 12 (1)Notwithstanding
anything contained in any other law for
the time being in force the Commission
shall constitute an Investigation Wing
for
the
purpose
of
conducting
investigation of any offence alleged to
have been committed with respect to an
act of corruption by a public servant and
such other person who may be tried along
with such public servant under this Act;

Janlokpal may appoint or, with

the consent of the Government,
designate officers or agencies as
Investigation Officers, authorized
to investigate offences under this
Act
(hereinafter
Janlokpal
Investigating Officer).

removed the provision of establishment of

Investigation Wing. Now the investigating officers and
agencies will be appointed by the Janlokpal with the
consent of the government which means the
Government will have constant control over the
investigation wing of the Janlokpal.

2014 Jan Lokpal Bill (Delhi)

2015 Jan Lokpal Bill (Delhi)

COMMENTS OF DELHI CONGRESS

Search Committee

The Congress Party demands that the said provision

is amended and the original provision providing for
an independent investigation wing is restored
immediately.

The provision for a Search

Committee has been removed in
Section 5 of the 2014 Bill provided for a
entirely.
Search Committee of 5 members with
impeccable integrity to do background
check and shortlist names for filling up
the posts of Chairman and members of
the Jan Lokpal. Thereafter, on receiving
the comments of the general public
(through internet), the shortlisted names
were to be sent to the Selection
Committee for approval/ consideration.

As contended by Shri Kejriwal, till 2014, the Search

Committee was crucial as such independent scrutiny
mechanism to ensure only suitable persons are
selected to make Jan Lokpal a strong and
independent institution.

2014 Jan Lokpal Bill (Delhi)

COMMENTS OF DELHI CONGRESS

2015 Jan Lokpal Bill (Delhi)

Very importantly, one of the significant reasons to

establish the Search Committee was to ensure that
all names shortlisted by the committee must be put
on a website for opinion of public in general.
However, this clause has been removed in entirety to
ensure the process of selection of Janlokpal remains
opaque and political influence remains pre-dominant
in the institution and its members.

Powers to Suspend Public Servants

Section
15
Power
of Under Section 15(1) of the 2015 Bill, Janlokpal will
Janlokpal to recommend transfer have power to suspend public servants and babus
Section 17 Powers of Janlokpal and
or suspension of public servant but will have no powers to suspend MLAs on

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its officers(6) If during the Course of investigation

into a complaint against a Government
Servant (specifically includes MLAs and
Councillors), the Janlokpal feels that the
continuance of such Government Servant
in that position could adversely affect the
course of investigation or that such
government servant is likely to destroy or
tamper with the evidence or influence the
witness or is likely to continue with
corruption, the Janlokpal may issue
appropriate directions including transfer
or suspension of such government
servant from that position.

connected with
corruption.

allegation

of allegations of corruptions. However, under Section

17(6) of the 2014 Bill, the Janlokpal had complete
power to suspend MLAs pending any corruption
(1) Where the Janlokpal, while
related inquiry against them.
making a preliminary inquiry or
investigation into allegations of
corruption,
is
prima
facie
satisfied, on the basis of evidence
available,
(i) that the continuance of the
public servant being investigated
remaining in his post while
conducting the inquiry is likely to
affect such inquiry adversely or
(ii) such public servant is likely to
destroy or, in any way, tamper
with the evidence or influence
witnesses,
then,
the
Janlokpal may recommend to the
appropriate
government
or
authority for the transfer or
suspension of such public servant
from the post held by him till such
period as may be specified in the
order.

S. No.

2014 Jan Lokpal Bill (Delhi)

2015 Jan Lokpal Bill (Delhi)

5.

Definition of Public Servant

Definition
of
Public
Deleted in the 2015 Bill.

Section 2(m) Public servant means a

person who has held or is holding a
public office and is or has been a public

COMMENTS OF DELHI CONGRESS

Servant As per the Judgement of the Honble Supreme Court

in the case of R.S Nayak vs. A.R Antulay AIR SC
1984 684 [5 Judges] it was held that a MLA is not a
public servant. However, the 2014 draft of the Jan
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servant within the meaning of section 2

(c) of the Prevention of Corruption Act,
1988 (49 of 1988) or section 21 of the
Indian Penal Code, including Chief
Minister, Ministers of the Council of
Ministers,
Members
of
Legislative
Assembly of Delhi and Members and
Councillors of all local bodies in the
National Capital Territory of Delhi, and
contractual or temporary or casual or adhoc or any other category of nonpermanent
employees
directly
or
indirectly engaged by the Government,
and an employee or member of a public
authority, but does not include any
person who is a member of the judiciary
including the subordinate judiciary.
S. No.
6.

2014 Jan Lokpal Bill (Delhi)

Lokpal specifically included MLAs under the

definition of Public Servant in Section 2(m). This
section has been now deleted quietly.

Section 2(m)- Definition of Public Servant deleted by

ruling party to save their own skin.
This has been deliberately done in order to save the
corrupt MLAs and Legislators with fake degrees &
pending cases from coming into the ambit of the
inquiry of the Jan Lokpal.
We strongly demand that the definition of Public
Servant should be introduced and ruling party must
specifically state in the Bill that who all fall under
the ambit of the Bill.
2015 Jan Lokpal Bill (Delhi)

Sanction to prosecute Chief Minister/ Section 10(9) Upon receipt of a

Government officers etc.
report on the conclusion of the
investigation,
Janlokpal
may
The prosecution sanction under section
consider grant of prosecution
19 of the Prevention of Corruption, 1988,
sanction
against
the
public
and under Section 197 of the CrPC, 1973
servants for offences committed
shall be deemed to have been granted
under
this
act.
Prosecution
once such sanction has been granted by
sanction under Section 197 of the
Jnalokpal bench and the Jnalokpal bench
Code of Criminal Procedure (Act 2
shall grant or refuse such sanction
of 1974) or Section 19 of the
within a period of 30 days from the date
Prevention of Corruption Act,
of receipt of request for such sanction
1988 (49 of 1988) shall be deemed
after completion of investigation.
to have been granted once such

COMMENTS OF DELHI CONGRESS

The clause for time bound sanction to prosecute high
functionaries has been deliberately removed in the
2015 Bill, even though the 2014 Bill provided that
Janlokpal will have to grant or deny sanction to
prosecute Government officials within 30 days of
completion of investigation. This is a very careful &
designed departure from the provisions of the 2014
Bill.
We demand that the earlier provision of time-bound
sanction must be restored immediately.

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sanction has been granted by

Janlokpal.
S. No.
7.

S. No.
8.

2014 Jan Lokpal Bill (Delhi)

2015 Jan Lokpal Bill (Delhi)

COMMENTS OF DELHI CONGRESS

Removal of Janlokpal - Chairperson Section 6 - (1) The Chairperson

and Members of Jan Lokpal
or a Member of the Janlokpal
shall not be removed from his
Section 22 (1) Removal by President,
office except by an order of the
after the High Court of Delhi on a
Lieutenant Governor passed after
complaint of any person, on an inquiry
an address by the Legislative
held in accordance with such procedure
Assembly supported by a majority
as may be formulated by the High Court
of the total membership of the
of Delhi, recommend that the Chairperson
legislative Assembly and by a
or such Member be removed from office.
majority not less than two thirds
of the members thereof present
and voting has been presented to
the Lieutenant Governor in the
same session for such removal on
the ground of proved misbehavior
or incapacity.

In the 2015 Bill the ruling party has snatched the

power of removal from the Judiciary and has placed
it in its own hands.

2014 Jan Lokpal Bill (Delhi)

COMMENTS OF DELHI CONGRESS

Jan Lokpal Institution

2015 Jan Lokpal Bill (Delhi)

This clause institutionalizing and

giving complete independence to
Section 3 spoke about establishment of
the Jan Lokpal has now been
Jan Lokpal institution which shall have
deleted under the 2015 Bill.
administrative, financial and functional
independence from the Government.
Moreover, Section 6 of the new
(2015) Jan Lokpal Bill gives
overriding powers to MLAs to for
removal of the Jan Lokpal
Chairpersons & Members and

In complete deviation from the 2014 law, now the

Janlokpal will only hold office at the mercy of the
ruling party.
This provision and overriding powers to the MLAs
directly falls in the teeth of an independent Janlokpal
defeats the purpose of the legislation.
We strongly demand that the same be amended
immediately or the Janlokpal Bill will remain a dead
letter of law.

The selection panel proposed for appointment of

Janlokpal under the new Bill is a completely political
panel and in drastic deviation from what was
proposed in the 2014 Bill.
In addition to this the provision for an independent
search committee of persons of impeccable integrity
to appoint Jan Lokpal members has been completely
removed.

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therefore compromises the idea of

an independent institution.

S. No.
9.

2014 Jan Lokpal Bill (Delhi)

2015 Jan Lokpal Bill (Delhi)

Appointment of Jan Lokpal

IMP: In complete deviation from

an
independent
Selection
(Seven member, non-political panel)
Committee envisaged under the
Section 4 (2) of the Bill says that the 2014 Bill, the new Bill provides for
a politically motivated Selection
Selection Committee would consist of:
Panel in order to ensure that Jan
(a)
the
Chief
Minister
of
Delhi
Lokpal is weak institution and
(Chairperson),
loyal to the ruling party.
(b) the Leader of the Opposition in the
Legislative Assembly of Delhi,

(Four
member
dominated panel)

COMMENTS OF DELHI CONGRESS

The Selection Committee envisaged under the new
Bill is in drastic contrast with the independent
committee proposed under the 2014 draft bill.
Earlier members of Janlokpal were proposed to be
selected by greater public participation, however, the
selection procedure has now been made completely
opaque and will be dominated by the ruling party at
all times.

politically

The clauses related to Selection Committee must be

amended and the procedure should be opened for
(c) two Judges of the High Court of Delhi
Section 3(1) of the new Bill public participation. In the present form, the real
selected by the full court of the High
provides
that
the
Selection objective of an independent and progressive
Court of Delhi,
Committee would consist of:
Janlokpal institution will be defeated.
(d) One person from amongst the previous
Chairpersons of the Janlokpal appointed
under this Act (provided for the purpose
of the first Selection Committee the
immediate preceding Lokayukta shall be a
Member,
(e) two members shall be selected by the
above members from amongst the retired
Chief Justices of India, the retired Judges
of the Supreme Court, the retired Chiefs
of Army or Navy or Air Force, the retired

(a) the Chairperson and members

of the Jan lokpal shall be
appointed on the basis of the
recommendation of a Selection
Committee consisting of(i) The Chief Justice of the High
Court Chairperson.
(ii) The Chief Minister of Delhi
member.

Page 6 of 11

S. No.
10

Chief Secretaries or Principal Secretaries

to the Government, the retired ViceChancellors,
the retired Election
Commissioners of India, the retired
Central Information Commissioners, the
retired Chairpersons of Union Public
Service
Commission,
the
retired
Secretaries to the Govt. of India and the
retired Comptroller and Auditor Generals
of India with impeccable integrity and
outstanding ability, who have not joined
any political party after the retirement
and who are not holding any office of
under any government.

(iii) The Leader of the Opposition

in the Legislative Assembly and if
there is no such leader, a person
selected in this behalf by the
Members of the Opposition in that
House in such manner as the
Speaker may direct - member.

2014 Jan Lokpal Bill (Delhi)

2015 Jan Lokpal Bill (Delhi)

COMMENTS OF DELHI CONGRESS

Protection for Whistle-blowers Section

26

Section 29 of the bill does not

include sub clause (4) & (5) which
were present in the 2014 bill.

Removal of clauses (4) & (5) which stipulated time

bound action within 15 days of receipt of complaints.

(3) For achieving this objective, it shall be

competent for the Janlokpal to give
suitable directions to the Government or
any other public authority for providing
security to such whistle blower and to
ensure that no harassment is caused to
such whistle blower

(iv)The Speaker of the Legislative

Assembly member
NOTE: Two out of the four
members- i.e. the CM and the
Speaker will always be from the
same party.

Similarly in clause (5) provision for fast-track

investigation, within three months in cases of
Whistleblower facing physical and professional
victimization has also been removed

(4) The order under sub-section (3) shall

be expeditiously and in any case within
fifteen days of receipt of complaint
immediate action will be taken in cases
involving
a
threat
of
physical
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victimization.
(5)
The investigation in case of
complaints made by whistle-blower facing
physical or professional victimization
shall be fast tracked and completed
within three months of receipt of the same
S. No.
11.

2014 Jan Lokpal Bill (Delhi)

REDRESSAL OF GRIEVANCE/
CITIZENS CHARTER

2015 Jan Lokpal Bill (Delhi)

The whole chapter on Redressal of

Grievances and Citizens Charter
has been deleted in the 2015
Section 30. Redressal of grievance in
Bill.
certain cases
(1) Every public authority shall prepare
and publish a citizens charter specifying
therein all the categories of services
rendered by it within a reasonable time
not exceeding forty five days from the
coming into force of this Act.

COMMENTS OF DELHI CONGRESS

The 2014 Draft very vehemently spoke about the
Citizens Charter and also included establishment of
appellate authority. As per the 2014 draft, any public
servant failing to perform its duty as per the Citizens
Charter would fall under the ambit and jurisdiction
of the Janlokpal.
Very unfortunately this entire clause has now been
deleted. And if the same is not restored, it will great
injustice to all the people of Delhi to whom this
dream was hard sold before elections.

(2) Every citizens charter shall enumerate

the commitments of such public authority
to the citizens which are capable of being
met within a specific time limit and shall
fix a time limit for the same.
(3) If any public authority does not
prepare its citizens charter within forty
five days the Janlokpal shall notify the
citizens charter for such public authority
on its own after consulting the public
authority and the same shall be binding
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on such authority.
(4) Every public authority shall review and
revise the citizens charter at least once
every year through a process of public
consultation to be held in the presence of
a representative of the Janlokpal.
S. No.
12.

2014 Jan Lokpal Bill (Delhi)

2015 Jan Lokpal Bill (Delhi)

COMMENTS OF DELHI CONGRESS

Procedure for Dropping a Case

Section 17 (1) - After completion

of investigation in any case,
against a public servant, the Jan
Lokpal bench may either drop
the
complaint
or
initiate
prosecution against such public
servant and such other person
who may be tried along with such
public servant, and may also
recommend
initiation
of
disciplinary proceedings against
any such public servant.

We very strongly opine that this provision in both

2014 & 2015 bills is completely flawed for the
following reasons-

2015 Jan Lokpal Bill (Delhi)

COMMENTS OF DELHI CONGRESS

Procedure
after
completion
of
investigation Section 20 After
completion of investigation in any case,
against a public servant, the Jan Lokpal
bench may either drop the complaint
or initiate prosecution against such public
servant and such other person who may
be tried along with such public servant,
and may also recommend initiation of
disciplinary proceedings against any such
public servant.

S. No.
13.

2014 Jan Lokpal Bill (Delhi)

Establishment of Complaints Authority Not included in the 2015 bill.

Section 22 Provides for establishment
of complaints authority for the purpose of
entertaining complaints against any
officer of the Jan Lokpal.

(a) It gives uncontrolled power and authority to the

Jan Lokpal to drop any case without recording
reasons in writing.
(b) If reasons for dropping a complaint are not
recorded in writing, then such procedure infringes
the right of complainant who wants to challenge the
decision of Jan Lokpal.
Therefore, Section 17(1) must be amended and on
every occasion when a case is dropped, the Janlokpal
must record reasons in writing.

Though the 2014 Bill provided for a complaints

authority to look into irregularity in the office of
Janlokpal, however, this provision has been removed
by the ruling party in the 2015 Bill.
The removal of such clause will have huge
ramifications in an event where the Janlokpal does
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not fulfil its duties under law or becomes corrupt.

We demand that the provision in the old Bill should
be restored immediately.
S. No.
14.

2014 Jan Lokpal Bill (Delhi)

Investigation
Officers

by

Senior/

2015 Jan Lokpal Bill (Delhi)

COMMENTS OF DELHI CONGRESS

Group

A Provision for investigation by The 2014 Bill provided that investigation of cases
Group
A
officer
has
been under the ambit of the Janlokpal will be conducted
removed.
by Group A officers in order to ensure a swift and
Section 12(2) Investigation will only be
efficient investigating mechanism. However, the
conducted by Group A Officers.
ruling party has removed this enabling clause in the
2015 Bill.
We demand that the clause be restored immediately
to ensure that the investigation process which goes a
long way in any allegation of corruption remains in
the best hands.

S. No.
15.

2014 Jan Lokpal Bill (Delhi)

2015 Jan Lokpal Bill (Delhi)

COMMENTS OF DELHI CONGRESS

Making false complaint

Section 9(2) Every person who

willfully or maliciously makes any
false complaint under this Act,
shall on conviction, be punished
with
rigorous
imprisonment
which may extend to one year or
with fine which may extend to one
lakh rupees or with both.

The ruling party in the 2015 Bill, instead of making

the punishment stringent for the corrupt, has
provided for more stringent punishment for the
complainant by adding rigorous imprisonment in
cases of mis-information. The Government must
clarify that does this provision also apply to the
complaints made by ordinary citizens in good faith?

Section 35 (1) Notwithstanding

anything contained in this Act, if any
person makes any complaint under this
Act, without any reasonable basis or
evidence and which in the opinion of the
Janlokpal is meant to harass any public
servant or authority such person on
conviction
be
punished
with
imprisonment for a term which may
extend to one year

Page 10 of 11

Miscellaneous
S. No.
1.

S. No.
2.

2014 Jan Lokpal Bill (Delhi)

2015 Jan Lokpal Bill (Delhi)

Time barred enactment of the Law

Section 1(3)

COMMENTS OF DELHI CONGRESS

Section 1(2) For the purpose of

preparations, he provisions of this Act
shall come into force immediately after
securing the assent of the President of
India, however this Act shall be
operationalized within a period of one
hundred eighty days thereafter.

With no time line given under the new Bill,

the ruling party will have the option of
It shall come into force on such date as
delaying the establishment of a strong Jan
the Government may, by notifications in
Lokpal.
the official Gazette, appoint.
The said provision must be amended to
ensure that the Act comes into power
immediately after securing the assent of
the President of India.

2014 Jan Lokpal Bill (Delhi)

2015 Jan Lokpal Bill (Delhi)

COMMENTS OF DELHI CONGRESS

Eligibility Criteria

Section 4 of the bill has excluded the While in the 2014 Bill, the AAP propagated
following from the eligibility criteria of that any person demitting office from the
Section 3 (3) The following persons
appointment of Jan Lokpal
service of the Government will not be
shall not be eligible to become
eligible for appointment as a Member/
Chairperson or Members of Jan Lokpal: (a) Non Indians
Chairperson of the Janlokpal Panel.
(a) Any person, who is not a citizen of (b) People against whom charges have
India; or
been framed by court.
In a complete U-turn from the high moral
(b) Any person, against whom charges (c) People who have been in service of ground, the ruling party has now virtually
were ever framed by any court of law for either Central Government or Government invited applications for post retirement
any offence involving moral turpitude; or of NCT of Delhi.
benefits. The clause barring bureaucrats to
..
be appointed as Janlokpal members/
chairpersons has now been deleted.
(d) Any person, who was in the service of
the Government or Central Government
We strongly condemn this move and urge
in the National Capital Territory of Delhi
the Chief Minister to restore the provisions
and has demitted office within the last
two years from the date of the meeting of
of Section 3(3) of the 2014 Act in this
the Selection Committee, either by way of
regard as any deviation will weaken the
resignation or retirement.
Janlokpal envisaged by the public.

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