Members differ on Lokpal power to delegate authority by Tanu Sharma

The demand by the civil society representatives to accord power to Lokpal to delegate its ‘authority’ to individual members of the proposed 11-member body turned out to be a major sticking point in the fourth meeting of the joint drafting committee of the Bill.

The meeting, which otherwise saw agreement over a host of other aspects of the proposed legislation, witnessed a long discussion on the issue of whether Lokpal should be entrusted with the powers to “delegate any of its powers and functions” to individual members.

While the representatives led by Anna Hazare wanted Lokpal to have powers to delegate any of its powers and functions, barring those which are specifically to be performed by the benches of Lokpal, the government is learnt to have maintained that the “entire body as a whole shall have quasi-judicial powers and authorised to pass orders”.

The civil society representatives argued that this would “overburden Lokpal with immense workload and make it unmanageable”. The government, while refusing to concur with the view, assured to examine it and give its view in the subsequent meeting.

Another issue on which there were differences was transfer of an official if his/her continuance was perceived as an hindrance to investigations. While the civil society members wanted Lokpal’s order to be binding in this regard, the government wanted the same to be advisory in nature.

After the meeting, Union HRD Minister Kapil Sibal said there was consensus on almost half of the 40 points brought to the table by Anna Hazare’s five-member team. The committee will meet again on May 30.

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