GS Paper - 2, Transparency & Accountability, Issues Arising Out of Design & Implementation of Policies, Statutory Bodies

1. The Lokpal has ordered a CBI investigation into the bribe-for-questions case against former Lok Sabha member Mahua Moitra.
2. Moitra is accused of sharing her Parliament login credentials with businessman Darshan Hiranandani.
3. Hiranandani allegedly posted questions related to industrialist Gautam Adani in exchange for bribes.
4. Moitra has denied the allegations.
5. The CBI had already conducted a preliminary inquiry and submitted its report to the Lokpal.
6. The Lokpal also gave Moitra an opportunity to defend herself, which she did through her lawyers.
7. The Lokpal also stated that it is its duty to root out corruption and corrupt practices.

Some facts about Lokpal and Lokayuktas Act 2013:

The Act allows for the setting up of an anti-corruption ombudsman called Lokpal at the Centre and Lokauktas in the state.

Composition:

1. The Lokpal will consist of a chairperson and a maximum of eight members.
2. Chairperson should have been a Chief Justice of India, or is or has been a judge of the Supreme Court, or an eminent person who fulfills eligibility criteria as specified.
3. 50% of the members are to be judicial members provided that not less than 50% of the members belong to the Scheduled Castes, Scheduled Tribes, OBCs, minorities, and women.

Inquiry Wing:

1. Lokpal will have an Inquiry Wing for conducting preliminary inquiries into any offense allegedly committed by a public servant punishable under the Prevention of Corruption Act, 1988.
2. Prosecution Wing: It will also have a Prosecution Wing for prosecuting public servants related to any complaint by the Lokpal under this Act.

Powers:

1. The Lokpal, as the ombudsman, has the authority to supervise and direct any investigative agency, including the CBI, for cases referred to them.
2. The Lokpal can summon or interrogate any public servant if there is a prima facie case against them, even before an investigation agency like vigilance or CBI begins its probe.
3. No CBI officer assigned to a case referred by the Lokpal can be transferred without the Lokpal's approval.
4. All investigations must be completed within six months.
5. The Lokpal or Lokayukta has the discretion to grant extensions of six months at a time, if valid reasons for such extensions are furnished in writing.
6. Special courts will be instituted to conduct trials on cases referred by Lokpal.

Jurisdiction of Lokpal:  It covers a wide range of public servants — from the Prime Minister (PM), ministers and MP, to groups A,B,C,D officers of the central government including the chairperson and members of the Lokpal.

1. Lokpal cannot inquire into allegations against the PM relating to:
   1. international relations
   2. external and internal security
   3. public order
   4. atomic energy
   5. Space

Selection committee:

1. Once the search committee submits its recommendation, a selection committee will consider the names for the Lokpal and its members and forward them to the President for his consideration.
2. The five-member selection committee comprises the following:
   1. Prime Minister (chairperson)
   2. Lok Sabha Speaker
   3. Leader of the Opposition
   4. Chief Justice of India
   5. An Eminent jurist nominated by the President

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