/ 0
Reworked Lokpal Bill A Jokepal?
The Lokpal Bill has been passed but is it too weak for Anna Hazare’s liking?
In the end the political class has shown what they are made of. They fought among each other; took names, a section of them even flouted the past Parliamentary precedents, quickly crafted out a new Lokpal Bill draft and ultimately some of them took on the chief campaigner for of the proposed Ombudsman to fight the corruption menace, Anna Hazare himself.
Truly, the lower house of Indian Parliament, the Lok Sabha, had a date with history on December 22nd of 2011 as it took up in greater detail the matters concerning the much talked about anti-corruption Lokpal Bill amid strong protests by a sizeable section of members. The Bill was introduced after a day - long drama wherein , besides the usual scenes of pandemonium in the house led by a jovial Lalu Prasad of RJD, the government also made major changes in the draft Bill.
The first round of chaos in the House was sparked off by Lalu Prasad, who, supported strongly by Samajwadi Party members created a ruckus over the alleged motivated strategy to keep minorities and weaker sections ‘out’ of the high-powered nine-member panel for the Lokpal Bill.
After two rounds of adjournments in the wake of noisy scenes, the government in a an unprecedented manner brought major change in the draft and added the provisions of reservation for religious minorities and also gave a quota cap of over 50 per cent.
BJP’s Yashwant Sinha later reacted angrily to this saying that the government has committed “monumental inefficiency” in preparing the Bill as the contents of the draft Bill was “changed” at the last minute after circulating it to the members.
Earlier, raising strong objections at the introductory stage, the Leader of the Opposition Sushma Swaraj said that the Bill is “patently un-Constitutional” as there is a proposal for reservation for religious minorities and taking the cap of quota over 50 per cent.
|
QUOTED
|
The proposed Lokpal would almost herald a dictatorial system in the country.
Parliament is being undermined and an “extra-constitutional power” is being created.
The government need not be afraid of “somebody – who pretends to be another Father of the Nation,”
The Lokpal Bill will be like a “hanging rope” for the political class.
“Without CBI, Lokpal would be a post office.
The Bill is “patently un-Constitutional”
The government has committed “monumental inefficiency”The new re-worked Lokpal Bill can be struck down by the Supreme Court the moment it is challenged because the Constitution does not allow any religious-based reservation and also having 50 per cent quota cap.
The Finance Minister Pranab Mukherjee, however, said that the house had the “legislative competent” power to introduce the Bill and it was for the judiciary to scrutinize it.
The historic bill for creation of anti-graft ombudsman with Constitutional status was introduced amid objections by various parties to bringing the Prime Minister under its purview and making it mandatory for states to form Lokayuktas.
The Lokpal and Lokayuktas Bill, 2011 was introduced along with a Constitutional (116th Amendment) Bill, even as several parties questioned the “haste” and asserted that the supremacy of Parliament should not be compromised.
MPs blast Anna:
The most emphatic observation against Anna Hazare came from veteran parliamentarian and CPI leader Gurudas Dasgupta. The government need not be afraid of “somebody – who pretends to be another Father of the Nation,” he said without naming anyone.
“Is it.. we are fighting corruption under (his) duress?,” Dasgupta asked referring to the leader of the House Pranab Mukherjee’s statement earlier that the Bill was being brought as there was a series of related developments including the agitation (of Anna Hazare). “There is only one Father of the nation,” Dasgupta waxed eloquently alluding to the agitation on corruption by Anna amid thumping of desks cutting across party lines including from Congress benches led by none other than Congress President Ms. Sonia Gandhi.
The CPI leader referred to various corruption scams “fought and exposed” by members irrespective of party affiliations including those from the Congress and BJP in the past and asserted that the fight against the menace of corruption should not be left to one individual.
Lalu Prasad supported a strong Lokpal but said that only Parliament had the right to legislate it. He cautioned that by allowing the Parliament to be dictated by those agitating outside, he said that the supremacy of the Parliament was being surrendered. “History will not forgive us,” he said adding that the Lokpal Bill will be like a “hanging rope” for the political class.
Highlights of the Lokpal Bill:1.The 74 - page Lokpal Bill has two parts: the first part is a constitutional amendment bill which needs 2/3 majority so government can’t bulldoze it without opposition support.2.There will be a nine - member ombudsman agency – Lokpal - that will receive complaints on corruption by government servants and act on them. The panel is to be formed with 50 per cent of them from religious minorities and weaker sections. The Constitution does not allow for reservation on the basis of religion. 1.The Lokpal will be accountable to the Parliament 2.Central Bureau of Investigation (CBI) will not be under the control of Lokpal. Government will continue to decide its budget, transfers and postings of officials 3.Lokpal can not initiate proceedings against an officer on its own; a complaint has to be lodged with the ombudsman before it orders an inquiry 4.Director of CBI to be chosen by panel of PM, Leader of Opposition and Chief Justice of India. Team Anna wants the Chief Justice to be replaced by the Lokpal chief 5. No separation of prosecution and investigative wings of CBI. 6.CBI will report to Lokpal on cases referred to it by the ombudsman 7.Lokpal can refer cases to other agencies like the Central Vigilance Commission (CVC) |
Pranab Mukherjee, however, in his spirited response asserted that the government was not being submissive. “Legislation can not be done on a dharna manch,” he said. Dismissing the charge that the government was acting in “undue haste,” he pointed out that the Lokpal has been in public debate for the last 40 years. Rejecting the allegation that the government was being meek, he made opportune use of the occasion and took potshots at the CPI old-war horse Gurudas and recalled how senior CPI leaders – A B Bardhan and D Raja also shared the dais with Anna Hazare.
“If you feel it is not necessary, we will not have it. Legislation is the domain of Parliament,” said the chief trouble shooter of the Congress party.
In fact, there are a series of issues involved in the proposed legislation - besides the much talked about contentious issues of bringing the Prime Minister, CBI and lower bureaucracy under its ambit. One such serious issue is the allegation of the said attack on the federal structure of the Constitution.
Sushma Swaraj pointed out during the debate that bringing the bill under such a provision making it mandatory will be an assault on federal structure. In fact, she maintained that the new Lokpal law would render the Lokayuktas in states like Bangalore, Bihar and Uttarakhand redundant.
BJD’s B Mahtab echoed a similar sentiments saying, “Our party will never tolerate an attack on the federal structure”.
On one hand, various parties wanted the government to revise it. Parties like RJD, Samajwadi and AIADMK opposed bringing the Prime Minister under the purview of a body which would be “accountable to nobody”.
Anna rejects Bill:
In the backyards of Ralegan Siddhi in Maharashtra, Anna Hazare termed the Bill as “weak” and claimed that it will not eradicate corruption even as he stuck to his threat of a “jail bharo” agitation.
“Sonia Gandhi says the Bill is strong. If it is so, let her come out and debate with us in front of the media. Let people see it,” he threw in a new challenge to the UPA Chairperson.
“The biggest victims of corruption are the poor who have to pay bribes to get any work done. How will the common man get justice? Lower bureaucracy and CBI should be under Lokpal. Only then will the bill be in the right form,” he said.
Not long ago, Anna’s Man Friday, activist Arvind Kejriwal, had said, “Without CBI, Lokpal would be a post office. It will forward complaints. It will have a clerical role. Did lakhs of people come on streets for a Jokepal?”
As the stage was being cleared for a three-day fast from December 27th and then the ‘jail bharo’ agitation against the “weak” bill, Anna announced “I will be part of the group that will ‘gherao’ the residences of Sonia Gandhi and Rahul Gandhi as part of our ‘jail bharo’ agitation.” The government too had extended the winter session and pledged to pass the bill by December 29th.
However, due to Anna Hazare’s failing health, the fast at Mumbai had to be called off. Also, the ‘jail bharo andolan’ was simultaneously withdrawn. It is a wait and watch situation now for the people of India as they await Anna Hazare and his team’s next move.
The battle could be over; but the war has just begun!
