Constitute Lok Pal, but exempt PM: Commission

New Delhi, Feb 12 (UNI) The Second Administrative Reforms Commission has strongly advocated the constitution of the much talked about Lok Pal to deal with complaints of corruption and other offences against Ministers, but wants the exemption of the Prime Minister.

''The Prime Minister is accountable to the Parliament, and on his survival, depends the survival of the government. If the Prime Minister's conduct is open to formal scrutiny by extra-Parliamentary authorities, then the government's viability is eroded and Parliament's supremacy is in jeopardy,'' the commission said in its fourth report submitted to Prime Minister Manmohan Singh by its Chairman M Veerappa Moily.

The Constitution should be amended to provide for a national ombudsman to be called the Rashtriya Lokayukta, it said.

The role and jurisdiction of the Rashtriya Lokayukta should be defined in the Constitution while the composition, mode of appointment and other details could be decided by Parliament through legislation, it said.

The jurisdiction of Rashtriya Lokayukta should extend to all Ministers of the Union (except the Prime Minister), all Chief Ministers, all persons holding public office equivalent in rank to a Union Minister, and Members of Parliament.

In case the inquiry 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 servants.

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.

Its Chairperson 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.

The Constitution should be amended to incorproate a provision making it obligatory on the part of state governments to establish the institution of Lokayukta and stipulate the general principles about its structure, power and functions.

UNI