The Foundation for Democratic Reforms (FDR)/Lok Satta in collaboration with Center for Media Studies, and Transparency International India, organised a Roundtable on the proposed Lokpal Law on 24th April, 2011 at the India International Center in New Delhi. A significant initiative to foster deliberation on the creation of a robust anti-corruption mechanism in India, the event brought together eminent personalities, including former Chief Justices, senior civil servants, social activists, and legal experts, to discuss the structure, jurisdiction, and powers of the proposed Lokpal institution.
The roundtable was attended by a host of eminent personalities, including Justice M.N. Venkatachaliah, former Chief Justice of India; Justice J.S. Verma, former Chief Justice of India; Justice Santosh Hegde, former Supreme Court judge and Karnataka Lokayukta; Shanti Bhushan, former Union Law Minister; and T.N. Seshan, former Chief Election Commissioner of India. Other notable participants included social activists like Arvind Kejriwal, founder of Parivartan, Kiran Bedi, former police officer, and representatives from organizations like Transparency International and the Commonwealth Human Rights Initiative.
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A major focus of the discussions was the composition and structure of the Lokpal institution. The participants reached a consensus that the Lokpal should be a multi-member body consisting of 3-5 members including a Chairperson. The Chairperson was recommended to be a member of the judiciary to ensure impartiality and legal acumen in decision-making. Emphasis was placed on maintaining inclusivity in the selection process through conscious efforts rather than rigid statutory requirements. Justice Venkatachaliah and Justice Verma highlighted the importance of judicial integrity in the Chairperson’s role, while Dr. Jayaprakash Narayan proposed a transparent selection process involving public consultations to enhance credibility and accountability.
On the selection process, the participants recommended the formation of a collegium or selection committee comprising the Vice President, Prime Minister, Leader of the Opposition, Speaker of the Lok Sabha, and the two senior-most judges of the Supreme Court. This panel would ensure that only candidates with impeccable integrity and competence were shortlisted. The names of potential candidates should be made public to invite feedback and suggestions, thus promoting wider participation in the process.
The roundtable also addressed the jurisdiction of the Lokpal, which was proposed to include all current and former Members of Parliament, Union Ministers (except the Prime Minister), senior bureaucrats, and regulatory authorities. Discussions on the Prime Minister’s inclusion in the Lokpal’s ambit elicited diverse opinions. Some participants, including senior public servants, cited the destabilizing effect such inclusion might have on the government’s functioning, while others, including activists like Arvind Kejriwal, argued that bringing the Prime Minister under the Lokpal’s purview would restore public trust in governance. The final consensus was to leave this matter to the wisdom of the Parliament.
Another significant topic of discussion was the relationship between the Lokpal and other anti-corruption institutions like the Central Vigilance Commission (CVC) and the Comptroller and Auditor General (CAG). It was agreed that these institutions should either serve as ex-officio members of the Lokpal or act as permanent invitees to ensure seamless coordination and avoid duplication of efforts. Additionally, the Lokpal was envisioned to oversee the anti-corruption wing of the Central Bureau of Investigation (CBI), which should be made autonomous and free from political interference.
Participants also deliberated on the powers of the Lokpal, which should include suo motu powers to investigate corruption cases, conduct searches and seizures, and appoint special prosecutors for cases under the Prevention of Corruption Act, 1988. The group agreed on the need for speedy trials in corruption cases through dedicated courts, with proceedings conducted on a day-to-day basis to avoid delays.
In conclusion, the roundtable served as a critical forum for discussing the foundational aspects of the Lokpal institution. Contributions from eminent legal minds, policymakers, and activists provided a comprehensive blueprint for creating an effective anti-corruption framework in India.