Govt opposes inclusion of PM in Lokpal Bill
Press Trust Of India
New Delhi, May 30, 2011
New Delhi, May 30, 2011
Sharp differences came to the surface at a meeting of the drafting committee for Lokpal bill on Monday with the government strongly opposing proposals for inclusion of Prime Minister, higher judiciary and acts MPs inside Parliament under its purview. Anna Hazare, one of the members of the committee, who is spearheading the campaign for a strong and effective Lokpal bill, said that he was not hopeful of the government meeting its deadline of June 30 for preparing the bill.
At the meeting held under the Chairmanship of finance minister Pranab Mukherjee, contentious issues came up for discussion in the committee for the first time.
Arvind Kejriwal and Prashant Bhushan, both civil society members of the committee, said except on one issue of keeping citizen charter and public grievances under the jurisdiction of Lokpal, the government opposed the demands for bringing the Prime Minister, higher judiciary and the corrupt acts of MPs inside Parliament under the ambit of the Lokpal.
They said the government's proposals today were "worse" than what it had proposed in its first bill, which had been "condemned and rejected".
Kejriwal said even the latest bill of the government had kept Prime Minister under the purview of Lokpal but the government has gone back on it.
As no agreement could be reached between them today, the government has decided to write to states and political parties to seek their opinion on these "issues of divergence" and get back to them at the next meeting on June 6.
Sibal said there was need to take the view of the states since Lokayukts have to be appointed there.
Bhushan said the government representatives told them that bringing the Prime Minister under Lokpal's purview would make him 'dysfunctional'.
He pointed out that the government's bill itself had a provision for bringing Prime Minister under the Lokpal and even now he was not beyond the purview of investigation on corruption issues.
"We only wanted that he comes under the purview of an independent agency instead of the agencies that come under the government which results in conflict of interest," Bhushan said.
Kejriwal also rued "Prime Minister wants to be investigated by an agency like CBI, which is under him but not by an independent agency."
Besides Mukherjee, those who attended the meeting from the government side were ministers P Chidambaram (Home), Sibal (Law), Salman Khurshid (Minority Affairs) and M Veerappa Moily (Law).
From the civil society side, those present were Hazare, Shanti and Prashant Bhushan, Kejriwal and Santosh Hegde.
Arvind Kejriwal and Prashant Bhushan, both civil society members of the committee, said except on one issue of keeping citizen charter and public grievances under the jurisdiction of Lokpal, the government opposed the demands for bringing the Prime Minister, higher judiciary and the corrupt acts of MPs inside Parliament under the ambit of the Lokpal.
They said the government's proposals today were "worse" than what it had proposed in its first bill, which had been "condemned and rejected".
Kejriwal said even the latest bill of the government had kept Prime Minister under the purview of Lokpal but the government has gone back on it.
As no agreement could be reached between them today, the government has decided to write to states and political parties to seek their opinion on these "issues of divergence" and get back to them at the next meeting on June 6.
Sibal said there was need to take the view of the states since Lokayukts have to be appointed there.
Bhushan said the government representatives told them that bringing the Prime Minister under Lokpal's purview would make him 'dysfunctional'.
He pointed out that the government's bill itself had a provision for bringing Prime Minister under the Lokpal and even now he was not beyond the purview of investigation on corruption issues.
"We only wanted that he comes under the purview of an independent agency instead of the agencies that come under the government which results in conflict of interest," Bhushan said.
Kejriwal also rued "Prime Minister wants to be investigated by an agency like CBI, which is under him but not by an independent agency."
Besides Mukherjee, those who attended the meeting from the government side were ministers P Chidambaram (Home), Sibal (Law), Salman Khurshid (Minority Affairs) and M Veerappa Moily (Law).
From the civil society side, those present were Hazare, Shanti and Prashant Bhushan, Kejriwal and Santosh Hegde.
Jantar Mantar redux if Lokpal Bill is not passed, drafting committee says
Published: Sunday, May 29, 2011, 8:13 IST
By DNA Correspondent | Place: Bangalore | Agency: DNA
By DNA Correspondent | Place: Bangalore | Agency: DNA
It is not time to celebrate yet, for the Jan Lokpal Bill has a long way to go. This was the sombre reminder served by members of the drafting committee during on Saturday. If the government hesitates to pass the bill, the people must be prepared to agitate once again, said the committee members.
Anti-corruption crusader Anna Hazare, too, is not confident that the bill would bear fruition by August, the deadline set by Hazare himself for passing the bill in Parliament.
"If the bill is not passed by August 16, I will return to Jantar Mantar. I want all of you to stand by me. Let them fill up the jails. Let's see how long they can manage to keep us there," he said.
RTI activist Arvind Kejriwal expressed doubts over whether the government would heed to the people's demand. "A strong Lokpal with adequate checks and balances is what we need. The government will not agree easily or pass the bill in the form that we want it. We might have to come out on the streets in protest many times," he said.
"Our efforts must not be aimed at bringing governments down. After one falls, the next government won't be any less corrupt. We need an independent body to take on corruption," Hazare said. There is a multiplicity of corruption-fighting agencies, but the nation needs a strong and effective machinery, said Kejriwal.
Tough road ahead
The road ahead is tough. It would be hard to bring crimes committed by MPs and MLAs under the purview of the Lokpal.
"A constitutional amendment would be required to ensure that crimes such as buying and selling of MPs and MLAs are investigated," said Kejriwal. When he asked the Bill's supporters if they were ready to fight for it, the resounding answer was "yes."
To the query "should corruption in the judiciary be brought under the bill's purview?" the crowd shouted "yes". "A seven-member bench of Lokpal would decide whether an FIR can be registered against a judge. In the present system, permission has to be sought from the Chief Justice of India. In 20 years, it has been obtained only once," he noted.
The prime minister should not be treated with kid-gloves. Charges of corruption against the PM must be investigated by the Lokpal.
"Should the common man's grievances be brought under the bill?" asked Kejriwal. Again, the response was "yes".
"People say this should not be the case as many cases would be filed. If that scenario, let there be thousands of officers to handle the cases," he added.
How Lokpal works
The bill states that every department would have a citizen charter and the department would give details about various documents, licenses issued, details of work completed, etc. In case a particular work is not completed, citizens can complain to the vigilance officer.
The officer concerned would be penalised after filing a case of corruption against him. The money collected would be given to the petitioner as compensation. It would be duty of the Lokpal to protect those who raise a voice against corruption.
Crucible for politicians
The true colours of political parties would be revealed after the Jan Lokpal Bill is passed and when formation of the institution of lok ayukta in different states becomes mandatory, said Justice Santosh Hegde.
"There may be some difficulties in forming of the Lokayukta. Whichever party opposes it, it would become clear that it is no keen on removing corruption," he said.
Anti-corruption crusader Anna Hazare, too, is not confident that the bill would bear fruition by August, the deadline set by Hazare himself for passing the bill in Parliament.
"If the bill is not passed by August 16, I will return to Jantar Mantar. I want all of you to stand by me. Let them fill up the jails. Let's see how long they can manage to keep us there," he said.
RTI activist Arvind Kejriwal expressed doubts over whether the government would heed to the people's demand. "A strong Lokpal with adequate checks and balances is what we need. The government will not agree easily or pass the bill in the form that we want it. We might have to come out on the streets in protest many times," he said.
"Our efforts must not be aimed at bringing governments down. After one falls, the next government won't be any less corrupt. We need an independent body to take on corruption," Hazare said. There is a multiplicity of corruption-fighting agencies, but the nation needs a strong and effective machinery, said Kejriwal.
Tough road ahead
The road ahead is tough. It would be hard to bring crimes committed by MPs and MLAs under the purview of the Lokpal.
"A constitutional amendment would be required to ensure that crimes such as buying and selling of MPs and MLAs are investigated," said Kejriwal. When he asked the Bill's supporters if they were ready to fight for it, the resounding answer was "yes."
To the query "should corruption in the judiciary be brought under the bill's purview?" the crowd shouted "yes". "A seven-member bench of Lokpal would decide whether an FIR can be registered against a judge. In the present system, permission has to be sought from the Chief Justice of India. In 20 years, it has been obtained only once," he noted.
The prime minister should not be treated with kid-gloves. Charges of corruption against the PM must be investigated by the Lokpal.
"Should the common man's grievances be brought under the bill?" asked Kejriwal. Again, the response was "yes".
"People say this should not be the case as many cases would be filed. If that scenario, let there be thousands of officers to handle the cases," he added.
How Lokpal works
The bill states that every department would have a citizen charter and the department would give details about various documents, licenses issued, details of work completed, etc. In case a particular work is not completed, citizens can complain to the vigilance officer.
The officer concerned would be penalised after filing a case of corruption against him. The money collected would be given to the petitioner as compensation. It would be duty of the Lokpal to protect those who raise a voice against corruption.
Crucible for politicians
The true colours of political parties would be revealed after the Jan Lokpal Bill is passed and when formation of the institution of lok ayukta in different states becomes mandatory, said Justice Santosh Hegde.
"There may be some difficulties in forming of the Lokayukta. Whichever party opposes it, it would become clear that it is no keen on removing corruption," he said.
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