The "inconsistencies and anomalies" highlighted by CBI in the Lokpal Act may be corrected by the government only after the anti-corruption agency starts functioning and faces difficulties in respect of specific issues, Rajya Sabha was informed today.
The government has taken note of the issues raised by CBI Director Ranjit Sinha through a letter dated January 16, 2014, Minister of State for Personnel, Public Grievances and Pensions V Narayanasamy said in a written reply. He said majority of the issues raised by CBI relate to matters on which there have been extensive deliberations in Parliament and also consultations with stakeholders (including CBI) by the Select Committee of Rajya Sabha before the relevant provisions were finally given shape by the Select Committee and passed by Parliament in the present form. "In the view of this, it is only after the institution of Lokpal becomes fully functional and if the Lokpal, as the pivotal institution on which implementation of the Act will be centred,experiences difficulties in respect of specific issues (which may include issues raised by CBI), that the Government may consider issuance of necessary orders, not inconsistent with the provisions of the act, whenever necessary, for removal of such difficulties under section 62 of the Act.
"Where any such difficulty is of the nature that it cannot be removed by an executive order, the matter may require amendments in the Act by Parliament. CBI has been advised accordingly," the Minister said.
In a five-page letter to Department of Personnel Secretary S K Sarkar, Sinha referred to some of the anomalies in the Lokpal Act relating to powers of superintendence of Lokpal over CBI, frivolous complaints, jurisdiction of Lokpal officers, among others.