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Issue Lokpal Jan Lokpal Comments

Prime Minister Can be investigated only

after he quits office

Even when in power

MPs Takes into account the

actions of the members

of the parliament that

are related to any

speech made or vote

given on any issue in the

parliament.

Powers and privileges of MPs Art 105

and Art 194

See Note 1

Lower

bureaucracy

Only Class A

government officials

and their equivalents

All public servants

Selection

Committee Prime Minister A well known

jurist

A judge fromthe Supreme

Court

A famouscivilian

A chief justicefrom a High

Court

Prime Minister Chief Election

Commissioner

Leader ofOpposition in

Lok Sabha

Comptroller andAuditor General

A couple ofSupreme Court

judges

Erstwhilechairpersons of

Lokpal

A couple ofChief Justices of

High Courts

Criterion for

being a memberof the Committee

if anyone has worked in

a government job in theimmediately preceding

2 year span, he or she

will not be deemed

eligible to be a member.

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Removal of

members

-President can refer the

Supreme Court

-petition that has been

signed by 100 MPs

-President can also refer

a petition made by a

citizen against a Lokpal

member

-First a complaint needs

to be made against the

member in question at

the Supreme Court

-if proved, refer to

President

Offences

considered

offences that are

covered by the

Prevention of

Corruption Act

this and also offences

committed by

government officials as

per the Indian Penal

Code, continued

violation of the citizens

charter and if

whistleblowers are

victimized.

Whistle Blower

Protection

No whistleblower

provision and protection

The Lokpal has the

power to take necessary

action to provide

protection to a

whistleblower

See Note 2

Lokayukta States to have absolute

freedom in determining

the nature and type of

the institution of

Lokayukta.

create a Lokayukta

along the same lines as

the one at the Centre.

Punishment forfalse or frivolous

complaints

imprisonment for a termwhich may extend to

one year and with a fine

which may extend to

Rs1 lakh

Fines on complainantsbut no imprisonment

CBI The CBI shall have a

separate Directorate of

Prosecution under a

Directo

Merger of anti-

corruption branch of CBI

into Lokpal

No control by

government

Citizens Charter No mention Citizens Charter shall

enumerate thecommitments of the

respective public

authority to the citizens,

officer responsible for

meeting each such

commitment and the

time limit within which

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the commitment shall

be met.

Special

benches in HC

No such provision. High Courts will set up

special benches to hearappeals in corruption

cases to fast track them

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Note 1:

P.V.Narsimha Rao v. State

-privilege of immunity from courts extends even to bribes taken for the purpose of voting

Tejkiran Jain v. N. Sanjeeva Reddy

-It is of the essence of parliamentary system of government that peoples re presentatives should be free to

express themselves without fear of legal circumstances

Note 2:

The Whistleblower is defined as any person who faces threat of physical harm or professional harm

like illegitimate transfers, denial of promotions, denial of appropriate perks, departmental proceedings,

discrimination or is actually subjected to harm for making a complaint to Lokpal under this Act or for

filing an application under Right toInformation Act. The Lokpal has the power to take necessary action to

provide protection to a whistleblower as per various provisions of this Act.