The document outlines 24 key non-negotiables of the Jan Lokpal Bill, including: 1) Making the Prime Minister and high court/supreme court judges subject to the Lokpal's authority. 2) Giving the Lokpal search and seizure powers. 3) Deemed the Lokpal's proceedings as judicial proceedings. 4) Giving the Lokpal suo moto investigation and prosecution powers. 5) Requiring public servants to submit property statements and deeming undisclosed properties to be obtained through corrupt means.

1. Date: April, 2011
Presented to Arvind Kejriwal and IAC team
Non-negotiables of the Jan Lokpal Bill
Objective
To establish non-negotiables from the Jan Lokpal Bill and facilitate awareness and
consensus building amongst the public on key points.
Key non-negotiables:
1. Public servant (Section 2{11}) to include the Prime Minister and judges of
High Court and Supreme Court:
Nobody is above the law and all public servants are accountable for their actions,
including those in positions of power such as the Prime Minister and judges of the
Supreme Court and High Court. In case of a complaint against the Prime Minister, the
decision to initiate investigation or prosecution shall be taken by a full bench of the
Lokpal. Any complaint against a judge will be screened for prima facie evidence of
an offence; approved for further investigation by a full bench of the Lokpal
comprising a majority of legal members; investigated by a special team headed by an
officer not below the rank of a Superintendent of Police.
2. Power to issue search warrants as per the Criminal Procedure Code, 1974
(Section 9)
A search warrant issued by the Lokpal shall be deemed to be a search warrant issued
by a court. This will give the Lokpal powers to search and seize property in
accordance with the Code of Criminal Procedure, 1974 whenever they suspect an
article to be hidden in a place or on a person.
3. Judicial proceeding as per the Civil Procedure Code, 1908 (Section 10)
The power to investigate is hugely bolstered by deeming the proceeding to be a
judicial proceeding under the Civil Procedure Code, 1908 thereby enabling the
Lokpal to summon and enforce the attendance of any person and examine him on
oath; require the discovery and production of any document; receive evidence on
affidavits; requisition any public record or copy from any court or office; issue
commissions for the examination of witnesses or documents; order payment of
compensatory cost in respect of a false or vexatious claim or defense and order cost
for causing delay.
4. Deemed police officer (Section 12)

2. The purpose of making the Lokpal and its officers deemed police officers is to enable
them to take swift action in any local police jurisdiction without the need for a special
authority to accredit them with the powers that the local police ordinarily have.
5. Powers of Lokpal in case of non-compliance of orders (Section 13)
Where an order is passed by the Lokpal and is to be carried out by any official, non-
compliance may result in imposition of a fine and may also be deemed to be a
contempt of court as per the Contempt of Courts Act, 1971 (Central Act 70 of 1971).
6. Power to recommend Special Judges under section 4 of Prevention of
Corruption Act, 1988 (Section 13A)
To enable trials to be completed within a year, the Lokpal has been given the
authority to recommend as many numbers of judges in the desired area as needed as
per an assessment made on an annual basis. These judges shall be appointed by the
government in consultation with the Lokpal.
7. Scope of investigation by the Lokpal (Section 14)
The Lokpal may investigate any action which is taken by or with the general or
specific approval of a public servant where a complaint involving a grievance or an
allegation is made in respect of such action.
8. Independence of Lokpal (Section 14{3D})
Lokpal shall be completely independent of the government in all matters
administrative, financial and functional. All policy level decisions including
formulation of regulations, development of internal systems for the functioning of
Lokpal, assigning functions to various officials in Lokpal, delegation of powers to
various functionaries in Lokpal etc shall be taken by the Chairperson and the
members collectively as a body. The Lokpal shall be competent to make rules,
prescribe work norms, prescribe procedures for swift and effective punishment
against inefficient and corrupt employees and take any other step as they deem fit.
9. Suo motu powers (Section 14{6})to investigate and prosecute
Suo motu powers enable the Lokpal to initiate prosecution against public servants as
well as private entities which are parties to the corrupt act, recommend imposition of
appropriate penalties under the relevant Conduct Rules and order cancellation or
modification of a license or lease or permission or contract or agreement, which was
the subject matter of investigation, based purely on the knowledge obtained through a
source and without the need of a formal complaint or a recommendation by the
government.

3. 10. Power to order a public servant to discontinue from his responsibilities of a
post (Section 18 {viii})
Any allegation against a public servant other than a Minister, Member of Parliament
or judge, if substantiated after investigation by the Lokpal shall enable the Lokpal to
order the discontinuance of a public servant from a post. This gives the Lokpal the
power to take stringent administrative action against a public servant engaging in
misconduct or corruption in accordance with the prescribed rules.
11. Power to attach the movable and immovable assets of all the accused (Section
18{5})
The Lokpal, either during the course of investigations - if it is satisfied that
prosecution is likely to be initiated in that case, or at the end of the investigations at
the time of initiating prosecution, shall make a list of moveable and immoveable
assets of all the accused in that case and shall notify the same n its registry. No
transfer of property shall be permitted after such notification.
12. Transparency of Lokpal (Section 18{xi}, Section 21B and section 30A)
All records and information of Lokpal shall be public and shall be accessible under
Right to Information Act, even at the stage of investigation or enquiry, unless the
release of such information would adversely affect the process of enquiry or
investigation. Lokpal shall make every effort to put information on its website.
Lokpal shall conduct annual integrity audits of each department as per guidelines to
be made in this behalf from time to time to ensure that funds are not misused.
13. Punishment for offences (Section 19A)
In case of violation by a public servant of the Prevention of Corruption Act, 1988
Chapter IX of the Indian Penal Code, 1860 or obtaining of property by corrupt means,
punishment shall not be less than one year of rigorous imprisonment and may extend
up to life imprisonment.
The punishment shall be more severe if the accused is higher in rank and where the
beneficiary is a business entity. In addition to other punishments mentioned in this
Act and under the Prevention of Corruption Act, 1988 a fine amounting to five times
the loss caused to the public shall be recovered from the accused business entity and
the recovery may be done from the assets of the business entity and also from the
personal assets of all its Directors, if the assets of the accused are inadequate.
14. Protection of the whistleblower (Section 20)

4. A whistleblower may seek the protection of the Lokpal if he has been subjected to or
threatened with, professional or physical victimization. The Lokpal shall pass
appropriate orders, depending on the nature of the threat or harm within a specified
timeframe, directing appropriate authorities, including police, to take such steps as
directed by the Lokpal to provide adequate security to that person, to register criminal
cases and also to take all such steps necessary to mitigate circumstances leading to
threats or physical assault.
If a whistleblower alleges that police or any other authority has registered or initiated
any case against the complainant or any other person on account of making a
complaint under this Act or for using RTI Act, the Lokpal may, on the basis of
enquiries, issue orders to appropriate authorities, to withdraw such case.
Lokpal may delegate the responsibility of providing protection to whistleblowers up
to the level of Vigilance Officers and in such case, such officers shall have the powers
to direct the appropriate authorities, including local police, to take such steps as are
necessary to ensure protection of that whistleblower.
15. Citizens charter (Section 21)
Each public authority shall be responsible for ensuring the preparation and
implementation of a Citizens Charter, within a reasonable time, and not exceeding
one year from the coming into force of this Act. Every Citizens Charter shall
enumerate the commitments of the respective public authority to the citizens, officer
responsible for meeting each such commitment and the time limit within which the
commitment shall be met. Each public authority shall designate an official called
Public Grievance Redressal Officer, to whom a complainant should approach for any
violation of the Citizens Charter.
If a citizen fails to receive satisfactory redressal to his grievance within a month of
making a complaint to Public Grievance Redressal Officer, he can make a complaint
to Appellate Grievance Officer (also known as Vigilance Officer).
16. Independence of Vigilance Officers (Section 22)
Lokpal shall rotate the personnel in existing vigilance wings of each department in
such a way that no personnel from one department gets posted for vigilance functions
in the same department.
17. Appointment of Staff members (Section 23)

5. Lokpal shall have the powers to choose its own officials. The number and categories
of officers and employees shall be decided by the Lokpal. The officers and other
employees shall be under the administrative and disciplinary control of the Lokpal.
So as to attract honest and efficient people to work in the Lokpal, the staff and
officers shall be entitled to such pay scales and other allowances, which may be
different and more than the ordinary pay scales in the Central Government, as are
decided by the Lokpal from time to time in consultation with the Prime Minister.
Lokpal shall be competent to increase or decrease its staff at various levels, within its
overall budgetary constraints.
18. Control of Lokpal over vigilance administration (Section 24)
The Central Vigilance Commission Act shall stand repealed. The Secretary and other
Officers and Employees of the Central Vigilance Commission will be appointed as
the Secretary and other officers and employees of the Lokpal. All vigilance
administration under the control of all Departments of Central Government,
Ministries of the Central Government, corporations established by or under any
Central Act, Government companies, societies and local authorities owned or
controlled by the Central Government shall stand transferred, along with its
personnel, assets and liabilities to the Lokpal for all purposes. That Department from
where any personnel have been transferred to Lokpal shall cease to have any control
over the administration and functions of transferred personnel.
19. Transfer of personnel of the Central Bureau of Investigation (Section 25)
That part of Central Bureau of Investigation, in so far as it relates to investigation and
prosecution of offences alleged to have been committed under the Prevention of
Corruption Act, 1988, shall stand transferred, along with its employees, assets and
liabilities to the Lokpal for all purposes. The Central Government shall cease to have
any control over the transferred part and its personnel. As a result, the anti-corruption
unit of the CBI will no longer be subject to government intervention and will operate
with independence.
20. Prosecution wing (Section 25A)
The prosecution wing is central to the effective functioning of the Lokpal. A well-
oiled machinery with the investigation and prosecution wings working together as a
team is a must for building solid foundations to successfully pursue a case.
21. Bar on proceedings (Section 27)

6. While no proceedings or decision of the Lokpal shall be liable to be challenged,
reviewed, quashed or called in question in any court of ordinary Civil Jurisdiction, a
public servant shall continue to have recourse to the High Court and Supreme Court
under Article 226 and Article 32 of the Constitution.
22. Compulsory submission of property statements by public servants (Section
28) and deeming of properties to have been obtained by corrupt means
(Section 28A)
All public servants shall have to declare their own assets and liabilities as well as
those of their family members in accordance with the format provided in the Act
within three months of commencement of the Act. Non-declaration shall result in the
property being deemed to have been obtained through corrupt means. The public
servant shall get a hearing and a failure to satisfactorily defend his position will lead
to confiscation of the property. Lokpal shall intimate such information to the Income
Tax Department for appropriate action. Appeal against the orders of the Lokpal shall
lie in High Court of appropriate jurisdiction, which shall decide the matter within
three months of filing of the appeal. All properties confiscated under this section shall
be auctioned to highest bidder.
23. Due diligence of property statements of election candidates (Section 28B)
Within three months after the conclusion of any elections to the Parliament, the
Lokpal shall compare the property statements filed by the candidates for the Election
Commission of India with their sources of income available with Income Tax
Department. In such cases where assets are found to be more than known sources of
income, it shall initiate appropriate proceedings.
24. Power to take preventive measures (Section 8{4} and Section 31A)
Lokpal shall, at regular intervals, either study itself or cause to be studied the
functioning of all public authorities falling within its jurisdiction and in consultation
with respective public authority, issue such directions as it deems to appropriate
authorities so as to make such changes in their work practices, administration or other
systems so as to reduce the scope and possibility for corruption, misconduct, public
grievances and whistleblower victimization.