New Delhi: Over nine months after Aam Aadmi Party's resounding victory in the Delhi elections, the Delhi Assembly today passed its flagship anti-corruption law, the Jan Lokpal Bill.
This had been a major poll promise of the Arvind Kejriwal-led AAP. The Bill was passed in the House with an absolute majority. As per the bill, the three-member Jan Lokpal will “proceed to inquire or investigate into the allegation of ‘corruption' occurring in the National Capital Territory of Delhi.”
In essence, besides the chief minister and Delhi government officials, officials of the central government and others working in agencies like Delhi Police that report to the Centre will also come under its purview.
The bill proposes handing of a maximum penalty of life imprisonment to a person involved in corruption. Additionally, the penalty imposed on him will be five times the loss caused to the public exchequer.
Brushing aside allegations by some former members, the party maintained that it had not digressed from the original version of the Bill, and that the 2015 Bill was similar to its original 2011 version.
The Delhi government on Thursday accommodated two amendments in the clauses related to the appointment and removal of the Lokpal in the draft legislation. These changes were in line with the suggestions made by social activist Anna Hazare during his recent meeting with AAP leaders Kumar Vishwas and Sanjay Singh.
The Lokpal bill will empower the proposed ombudsman to act against any public servant in the national capital, including those of the Centre.
As per the draft Bill, the Chairperson or any member of the Janlokpal can be removed on grounds of proven misconduct or incapacity by the Lt Governor on the recommendation of the Assembly by a minimum two-third majority of the total membership.
Former AAP leader Prashant Bhushan had earlier targeted Kejriwal saying he had "diluted" key provisions of the original draft, a product of the 2011 anti-graft movement.
However, the government dismissed the criticism saying that the Supreme Court had argued against inclusion of eminent persons in such positions during deliberations over NJAC and had argued that impeachment was the best possible removal clause.
The amended version, however, makes room for the provision of one more High Court judge and one eminent person in the selection panel. The impeachment process for removal will begin only after a higher court-monitored probe of any allegation against the Lokpal, government sources said.
While the draft bill of 2015 states that no prosecution or legal proceedings can be initiated against the Jan Lokpal or any staff member of the Jan Lokpal office, AAP leaders said the process of impeachment will be applied for removal of any member of the Lokpal.
The bill now has to be cleared by the Lieutenant Governor and the Centre before it becomes a law.
