Report No. 179

7.3 (b) The Administrative Reforms Commission Report 1967 and the Lok Pal and Lok Ayukta Bill.-

The Government of India set up a high level Administrative Reforms Commission on January 5, 1966 under the Chairmanship of Shri Morarji Desai. The Commission, among others, made recommendations for the creation of Ombudsman-type institutions in India. It recommended a twotier machinery, namely, Lok Pal at the centre and Lok Ayukta at the State levels. It submitted report on October 20, 1966 appending a draft Bill for Lok Pal and Lok Ayukta.

The Government of India introduced the Lok Pal and Lok Ayukta Bill 1968 in the Lok Sabha on May 10, 1968. The Bill was referred to a joint Committee of two Houses of Parliament, which submitted its report on March 26, 1969. The Lok Sabha passed the Bill on August 20, 1969 but while it was pending in the Rajya Sabha, the Lok Sabha was dissolved and the Bill consequently lapsed. The same was the fate of the Lok Pal Bill, 1971, Lok Pal Bill, 1977, Lok Pal Bill, 1983, Lok Pal Bill, 1989, Lok Pal Bill, 1996, the Lok Pal Bill, 1998. In the States, as of now, about 14 States have Lok Ayuktas and Up Lok Ayuktas, under State laws. The State of Haryana has however repealed the Act, which was in force.

The 1998 Lok Pal Bill provides for a Chairperson/Members consisting of the Chief Justice of India and two other Judges of the Supreme Court next to the Chief Justice in seniority, to be appointed by the President on the 86 recommendations of a Committee consisting of the Vice-President of India as its Chairman, the Prime Minister, the Speaker of Lok Sabha, the Minister of Home Affairs, Leader of the House to which the Prime Minister does not belong, the Leader of the Opposition in the Lok Sabha and Rajya Sabha as Members.

The Lok Pal will enquire in complaints, which are made alleging that a 'public functionary' has committed an offence under the Prevention of Corruption Act, 1988 and the expression 'Public functionary' covers the Prime Minister, Ministers and Ministers of State, Deputy Minister and Members of Parliament. This is partially in line with the recommendations of the Morarji Desai Committee.

7.4 (c) Vohra Committee Report: The Vohra Committee reports have been referred to extensively by the Supreme Court in the Vineet Narain cases, as stated earlier.(see Chapter II)

(B) The Proposed Bill

7.5 We shall now try to formulate provisions of the proposed Bill.