Lokpal may get power to probe MPs, bureaucrats sans permission

With the lokpal bill likely to top the agenda in the upcoming winter session of Parliament, there is reportedly a strong consensus in the parliamentary committee examining the bill that prior sanction should not be required for prosecution of public servants like bureaucrats and MPs in criminal cases.

At present, presiding officers of the two houses of Parliament are required to give their assent for prosecution of members, while government permission is needed to prosecute civil servants. But the lokpal's view might be final if the ombudsman is convinced of the gravity of charges against a public servant, according to The Times of India.

The prospects of this key provision becoming part of the lokpal law are bright as there was convergence on doing away with prior sanctions in the deliberations between government representatives and civil society represented by 'team Anna' in June when a joint drafting committee had been formed, the report says.

Provisions regarding prosecution in a criminal case are separate from the protection accorded to civil servants under Article 311 dealing with the dismissal, removal or reduction in rank, which states that "a civil servant cannot be removed by an authority subordinate to that by which he was appointed".

Members of civil service serve at the pleasure of the President and Article 311 protects them from politically motivated or vindictive action. But this provision is also likely to be reviewed, and the lokpal may be able to recommend departmental proceedings.

The emerging view within the parliamentary standing committee on personnel, law and justice is that a recommendation for disciplinary action can only be rejected by the secretary of a department or a higher authority after submitting reasons in writing. So, some modicum of protection to civil servants will remain.

The committee may need to clarify the controversial "single directive" that shields bureaucrats of the rank of joint secretary and above from a Central Bureau of Investigation probe in a corruption case. Sanction in this case lies with the department where the official is serving, which civil society says is a clear case of conflict of interest.

The committee is likely to recommend waiver of legislations including the Prevention of Corruption Act Section 19, the Criminal Procedure Code Section 197 and the Delhi Special Police Establishment Act Section 6A that mandate that the investigating authority must take permission from the central or state government before initiating investigation against a public servant, the report adds.