The Union Cabinet approved a historic bill for creation a Lokpal with Constitutional status that will have no control over CBI but brings within its purview the Prime Minister with a number of safeguards on Tuesday night.
Not succumbing to Anna Hazare's demand for inclusion of CBI under Lokpal, the government also decided against hiving off of the prosecution wing of the CBI.
After two days of intense drafting by a group of ministers and officials, the new draft of Constitution (Amendment) Bill was cleared at a special Cabinet meeting that lasted 70 minutes.
The Lokpal bill will be introduced in Lok Sabha on Thrusday and the existing one, introduced in August, would be withdrawn.
The Lokpal will be a nine member body, whose Chairman will be selected by a four member panel consisting of Prime Minister, Loksabha Speaker, Leader of the Opposition in the Lok Sabha and Chief Justice of India or his nominee from among the Suprem Court judges.
The bill provides for the Prime Minister to be brought under the purview of the Lokpal with certain safeguards that keep out aspects like international relations, public order, atomic energy, space, internal and external security from inquiry.
Probe on any complaint against the Prime Minister will be decided by the full bench, of which at least three-fourth should agree. The probe will in-camera and if a complaint is dismissed, the records on it should not be made public.
If a chargesheet is filed, the prosecution wing of Lokpal will initiate proceedings in a special court.
No sanction or approval of any authority will be required under directions of Lokpal.
Lokpal will have the power of superintendence over CBI in case of preliminary inquiry or investigation in matters referred by Lokpal. CVC will be required to send periodical reports to Lokpal on action taken on complaints referred by Lokpal.
Lokpal will have powers of search and seizure of any documents. Any investigating agency can be authorised by Lokpal for it.
Lokpal will have powers to utilize services of any officer or any agency of the government of India or a state.
The Lokpal or any officer authorized will have powers to order attachment of property if convinced that they are proceeds of corruption. The attachment cannot be for more than 90 days without confirmation of court.
But within 30 days of attachment, prosecution wing will move application in a special court seeking confirmation of the attachment till investigations are over.
The changes in the original Lokpal Bill were cleared by Prime Minister Manmohan Singh on Tuesday morning after a group of ministers worked on them on Monday and officials gave finishing touches.
