Misinterpretation of the provisions given in Article 105 (2) in The Constitution Of India in the Govt Version of LOKPAL BILL

Misinterpretation of the provisions given in Article 105 (2) in The Constitution Of India in the Govt Version of LOKPAL BILL The provisions in 105 (2) says “No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings” further in 105 (3) “In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined shall be those of that House and of its members and committees immediately”
The Power, privileges, immunity for the parliamentarians is only for freedom of speech and any vote given by him in the Parliament and not for doing corruption like note for Vote scams or asking queries on cash etc, the limitations are further defined by Parliament 105(3). Thus the Parliament can make Law to define hence there is nothing wrong to bring the parliamentarians including ministers and Prime ministers directly under the LOKPAL ACT which if passed taking into consideration of the provision 105 (2) by reading with 105 (3). Mere reading of 105 (2) alone will be lead for misinterpretation.
1. In my opinion Suo-moto cognizance of an offence of corruption done by any parliamentarian inside or out side the parliamentarians should be allowed and FIR should be registered and sanction of the house shall not be made necessary. Keeping into consideration that the Parliamentarians are public representative the investigation officer shall be not below the rank of Superintendent of Police.
2. Keeping the Prime Minister in the LOKPAL is to be carefully looked into esply in terms of National Security but in my opinion if there is any direct evidence of corruption by the PM and when during the process of investigation of other cases if necessary the questioning of the PM is inevitable the investigative officer shall be above the rank of Superintendent of Police.
3. All classes of employees Central as well as State Govt and MP/MLA/PRI members should come under LOKPAL or LOKAYUKT as the case may be.
4. The Investigative officer for the Group A above the rank of Secretary to Central /state Govt shall be by officer not below the rank of Superintendent of Police.
5. The Investigative officer for the Group B & A {below the rank Secretary to Central /state Govt (Excluding)}, MLA/PRI members shall be by officer not below the rank of Deputy Superintendent of Police.
6. The Investigative officer for the Group C and D shall be by officer not below the rank of Inspector of Police.
7. NO persons other than definitions of Govt servants / public servants /PRI Members shall be included in the LOKPAL/LOKAYUKT
8. The Common citizens, corporate, NGOs, Media etc shall not come directly under the preview of LOKPAL/LOKAYUKT however during the course of investigation if required the LOKPAL/LOKAYUKT shall investigate by appropriate officers not below the Rank of Inspector of Police.
9. In case of non-availability of suitable investigative officer as indicated above the Chairman or any other authorized officer authorized in this behalf by chairman, may order investigation by one rank below officer.
10. The LOKPAL/LOKAYUKTH shall have the power to start prosecution without taking sanction from any authority except for the Prime Minister/Chief Minister as the case may be.
11. For the Prime Minister the President of India in consultation with the Chief Justice of Supreme Court shall give sanction for prosecution.
12. For the Chief Minister the Governor in consultation with the Chief Justice of High Court shall give sanction for prosecution.
13. The All Judiciaries (Higher and Lower) should not be included in the LOKPAL and a separate Institution by the Judicial Accountability Act shall be instituted so that the LOKPAL shall not acquire supremacy in all aspect.
14. Protection provisions for whistle blowers and provision of rewards shall be instituted.
15. Compensation, job provisions etc shall be instituted for the dependants of victims (whistle blowers).
16. In case of established false complaint the complainant shall be reprimanded for the first time and on subsequent false complaint the complainant shall be penalized by a fine which may extend from 10,000/- to 1 Lakh. However while making fine the LOKPAL/LOKAYUKT court shall give full justification. The complainant shall may appeal in higher court for relief.
17. There shall be different court in LOKPAL/LOKAYUKTH which may start from the level of Chief Judicial Magistrate to the rank of a High Courts. Any appeal above this shall go to Supreme Court.
18. The CBI should be taken away from the direct control of PMO or Home Minister and its investigation wing and prosecution wing should be merged with LOKPAL. No person who is a /was a Parliamentarian or is/was a member a Political Party shall be included in the CBI selection committee.
19. The CVC and State Vigilance wing should send the recommendations of its finding of corruption to LOKPAL/LOKAYUKTH as the case may be who will file FIR and prosecute.
20. The Selection and removal of the Chairman/members of LOKPAL/LOKAYUKT shall be transparent manner by a collegiums chaired by Chief Justice of the Supreme Court and 5 Chief Justices of High Court. There shall be 3 other non judicial members in the selection committee who shall be imminent persons of having clean and established public life. In case of tie in the opinion, the Chief Justice of Supreme Court will one casting vote. No person who is a /was a Parliamentarian or is/was a member a Political Party shall be included in the selection committee.
21. The president shall on the recommendations of the collegiums chaired by Chief Justice of the Supreme Court shall appoint or remove the Chairman/members of LOKPAL/LOKAYUKT.
22. The Selection of 5 Chief Justices of High Court shall be done by the Supreme Court Chief Justice and other Judges of Supreme Court on the basis of a rooster and the members shall have tenure of one year.
23. Chairman/members LOKPAL /LOKAYUKTA shall be a retired Chief Justice or Justice of Supreme Court or High Court with clean image. No Non-Judicial person shall be appointed as Chairman.
24. The non-judicial persons (retired IAS/IRS/IPS/ Military service/ Engineering service/ Medical Services etc ) with clean image shall be appointed as members of LOKPAL /LOKAYUKTA but No person who is a /was a Parliamentarian or is/was a member a Political Party shall be eligible to become member of LOKPAL /LOKAYUKTA. The non-judicial members shall be experts to assists the judicial members to arrive in a conclusion to establish corruption.