(a) whether the second Administrative Reforms Commission has recommended
that the Lok Pal be given a constitutional status and keep PM out of the
Ombudsman`s jurisdiction;
(b) if so, the details thereof;
(c) whether there is any proposal to bring judges under its ambit;
(d) if so, the details thereof; and
(e) if not, the reasons therefor?
MINISTER OF THE STATE IN THE MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF THE
STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS
(SHRI SURESH PACHOURI)
(a) : Yes, Sir.
(b) : A statement containing the recommendations of the second Administrative
Reforms Commission in this regard is laid on the Table of the House.
(c) : No, Sir.
(d) : Does not arise.
(e) The second Administrative Reforms Commission has recommended in
para 2.9.23 of its Fourth Report for constitution of `A National Judicial Council`
for recommending appointment of Supreme Court and High Court judges by a
collegium having representation of the executive, legislature and judiciary. It
should also be entrusted with the task of oversight of the judges and to enquire
into judicial misconduct and impose minor penalties. It can also recommend
removal of a judge, if so warranted to the President.
STATEMENT REFERRED TO IN REPLY TO PART(B) OF LOK SABHA
UNSTARRED QUESTION NO.3083 FOR 21.3.2007.
Extracts of the recommendation of second Administrative Reforms Commission
made in its Fourth Report.
4.3.15 Recommendations:
(a) The Constitution should be amended to provide for a national Ombudsman
to be called the Rashtriya Lokayukta. The role and jurisdiction of the Rashtriya
Lokayukta should be defined in the Constitution while the composition, mode of
appointment and other details can be decided by Parliament through legislation.
(b) The jurisdiction of Rashtriya Lokayukta should extend to all Ministers of the
Union (except the Prime Minister), all state Chief Ministers, all persons holding
public office equivalent in rank to a Union Minister, and Members of Parliament.
In case the enquiry against a public functionary establishes the involvement of
any other public official along with the public functionary, the Rashtriya Lokayukta
would have the power to enquire against such public servant(s) also.
(c) The Prime Minister should be kept out of the jurisdiction of the Rashtriya
Lokayukta for the reasons stated in paras 4.3.7 to 4.3.11.
(d) The Rashtriya Lokayukta should consist of a serving or retired Judge of the
Supreme Court as the Chairperson, an eminent jurist as Member and the Central
Vigilance Commissioner as the ex-officio Member.
(e) The Chairperson of the Rashtriya Lokayukta should be selected from a panel
of sitting Judges of the Supreme Court who have more than three years of service,
by a Committee consisting of the Vice President of India, the Prime Minister, the
Leader of the Opposition, the Speaker of the Lok Sabha and the Chief Justice of
India. In case it is not possible to appoint a sitting Judge, the Committee may
appoint a retired Supreme Court Judge.The same Committee may select the
Member (i.e. an eminent jurist) of the Rashtriya Lokayukta. The Chairperson and
Member of the Rashtriya Lokayukta should be appointed for only one term of
three years and they should not hold any public office under the government
thereafter, the only exception being that they can become the Chief Justice of
India, if their services are so required.
(f)The Rashtriya Lokayukta should also be entrusted with the task of undertaking
a national campaign for raising the standards of ethics in public life.