Chairperson and Members of Lokpal

4. The Chairperson and members of Lokpal not to have held certain offices- The Chairperson and members of Lokpal shall not be serving or former member of either the Parliament or the Legislature of any State and shall not hold any office or trust of profit (other than the office as Chairperson or member) or would have ever been connected with any political party or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the Chairperson or member of Lokpal shall-

(i) if he holds any office of trust or profit, resign from such office; or

(ii) if he is carrying on any business, sever his connection with the conduct and management of such business; or

(iii) if he is practicing any profession, suspend practice of such profession.

(iv) If he is associated directly or indirectly with any other activity, which is likely cause conflict of interest in the performance of his duties in Lokpal, he should suspend his association with that activity.

Provided that if even after the suspension, the earlier association of that person with such activity is likely to adversely affect his performance at Lokpal, that person shall not be appointed as a member or Chairperson of Lokpal.

5. Term of office and other conditions of service of Lokpal(1) A person appointed as the Chairperson

or member of Lokpal shall hold office for a term of five years from the date on which he enters upon his office;

Provided that no member or Chairperson shall hold office as such after he has attained the age of 65 years.

Provided further that.-

(a) the Chairperson or member of Lokpal may, by writing under his hand addressed to the President, resign his office;

(b) the Chairperson or member may be removed from office in the manner provided in this Act.

 (2) There shall be paid to the Chairperson and each member every month a salary equal to that of the Chief Justice of India and that of the judge of the Supreme Court respectively;

(3) The allowances and pension payable to and other conditions of service of the Chairperson or a member shall be such as may be prescribed;

Provided that the allowances and pension payable to and other conditions of service of the Chairperson or members shall not be varied to his disadvantage after his appointment.

(4) The administrative expenses of the office of the Lokpal including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of India.

(5) There shall be a separate fund by the name of Lokpal fund in which penalties/fines imposed by the Lokpal shall be deposited and in which 10% of the loss of Public Money detected/prevented on account of investigations by Lokpal shall also be deposited by the Government. Disposal of such fund shall be completely at the discretion of the Lokpal and such fund shall be used only for enhancement/upgradation/extension of the infrastructure of Lokpal.

(6) The Chairperson or members shall not be eligible for appointment on any position in Government of India or Government of any state or for fighting elections, if he has ever held the position of the Chairperson or a member for any period.

Provided however that a member or Chairperson may be reappointed for one more term or a member may be appointed as the Chairperson, however, that any person shall not serve for more than a total of two terms.

6. Appointment of the Chairperson and members:

1. The Chairperson and members shall be appointed by the President on the recommendation of a selection committee.

2. Following persons shall not be eligible to become Chairman or Member in Lokpal:

(a) Any person who was ever chargesheeted for any offence under IPC or PC Act or was ever penalized under CCS Conduct Rules.

(b) Any person who has attained the age of 65 years.

3. At least four members of Lokpal shall have legal background.

4. A selection committee consisting of the following shall be set up:

a. Two senior most judges of Supreme Court

b. Two senior most Chief Justices of High Courts.

c. The Padma Vibhushan awardees of last year

d. After the first set of selection process, the outgoing members and Chairperson of Lokpal.

5. The seniormost judge of Supreme Court shall act as the Chairperson of the selection committee.

6. The following selection process shall be followed:

a. Nominations or recommendations shall be invited through open advertisements in prescribed format.

b. The candidates shall be adjudged on a list of criteria and the weightages given to each criterion. The first set of candidates, after the enactment of this Act, shall be made on the basis of the criteria and weightages listed in schedule annexed. However, the selection committee, on the basis of past experience may, before the beginning of the process for selection of next set of candidates, amend the criteria and the weightages.

c. Each person who is either nominating himself or recommending someone else shall be expected to justify the selection of that candidate on each of the criteria giving examples from the past achievements of the candidate.

d. The list of candidates, their bio datas received in the format mentioned at clause (a) above and the justifications at (c) above shall be displayed on a website.

e. Each member of the selection committee, on the basis of the above material, shall recommend such number of names as there are vacancies.

f. A priority list shall be prepared with the candidate receiving recommendations from maximum number of members of selection committee at the top. The candidates recommended by same number of members shall be treated at par.

g. This priority list shall be displayed on the website.

h. Three times the names as there are vacancies, shall be shortlisted from the top.

i. Public feedback shall be invited on the shortlisted names by putting these names on the website.

j. The selection committee may decide to use any other means to collect more information about the background and past achievements of the shortlisted candidates.

k. Selection committee shall also invite each shortlisted candidate for a discussion, video recordings of which shall be made public.

l. The selection committee shall meet and discuss the material so received about each candidate. Each member shall then give marks on each criteria to each candidate. These marks, by giving weightage to each criteria, as suggested in second schedule, shall then be totaled up.

m. On the basis of this list, the final selections shall be made.

7. Selection committee shall recommend the names to the President, who shall order such appointments within a month of receipt of the same.

7. Removal of Chairperson or members-

(1) The Chairperson or any member shall not be removed from his office except by an order of the President.

(2) They can be removed on one or more of the following grounds:

a. Proved misbehavior

b. Professional or physical incapacity

c. If he is adjudged to be insolvent

d. Has been charged of an offence which involves moral turpitude

e. If he engages during his term of office in any paid employment outside the duties of his office

f. Has acquired such financial interests or other interests which are likely to affect prejudicially his functions as member or Chairperson.

g. If he is guided by considerations extraneous to the merits of the case either to favor someone or to implicate someone through any act of omission or commission.

h. If he commits any act of omission or commission which is punishable under Prevention of Corruption Act or is a misconduct.

i. If a member or the Chairperson in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall be deemed to be guilty of misbehavior.

(3) The following process shall be followed for the removal of any member or Chairperson:

(a) Any person may move an application/petition before the Supreme Court seeking removal of one or more of the members of Chairperson of Lokpal alleging one or more of the grounds for removal and providing evidence for the same.

 (b) Supreme Court will hear the matter by a bench of three or more Judges on receipt of such petition and may take one or more of the following steps:

(i) order an investigation to be done by a Special Investigation Team appointed by the Supreme Court if a prima facie case is made out and if the matter cannot be judged based on affidavits of the parties.

(ii) dismiss the petition if no case is made out

(iii) if the grounds are proved, recommend to the President for removal of the said member or Chairperson

(iv) direct registration and investigation of cases with appropriate agencies if there is prima facie case of commission of an offence punishable under Prevention of Corruption Act.

(c) The Supreme Court shall not dismiss such petitions in liminae.

(d) If the Supreme Court concludes that the petition has been made with mischievous or malafide motives, the Court may order imposition of fine or imprisonment upto one year against the complainant.

(e) On receipt of a recommendation from the Supreme Court under this section, the President shall order removal of said members within a month of receipt of the same.