Prime Minister Dr. Manmohan Singh on Tuesday strongly defended the supremacy of the parliament in enacting laws even as he firmly rejected the demands from the civil rights activists and some opposition parties to bring the CBI under the administrative control of the Lokpal.
Intervening in the debate on the Lokpal and Lokayukktas Bill 2011 in the Lok Sabha, he said the CBI could not be brought under the Lokpal as that would create an executive structure outside the Parliament which was "accountable to none". It would be an "anathema to sound constitutional principles". The present Lokpal Bill contained a judicious blend of functional autonomy and accountability of the CBI.
"I am sure that the wisdom of this House will rise to support my Government’s proposal as reflected in this Bill".
He stated that no entity should be created inconsistent with the constitutional framework and charged with onerous executive responsibilities without any accountability. In the ultimate analysis, all institutions within the framework of the Constitution were accountable to the Parliament and the Parliament alone. "In our enthusiasm to enact this law we must not falter. I believe that the CBI should function independently of the Lokpal. I also believe that the CBI should function independently of the Government. But independence does not mean absence of accountability. We have, therefore, proposed a process of appointment of the CBI Director which involves the PM, the Chief Justice of India or his nominee and the Leader of the Opposition in the Lok Sabha. None should have doubts about the integrity of this process".
Dr. Singh said the decision to approve the Bill must rest with the Parliament. Members must rise to the occasion and look beyond politics while passing the law. His government would not end the fight against corruption with the passing of the legislation.
The discussion on the Lokpal Bill was one of the very special moments in the life of the nation. "The nation awaits with bated breath how the collective wisdom of this House will be reflected in the vote at the end of the debate (on the bill)."
The broad provision of the Bill had been vigorously debated both in the public domain and by the political parties and he believed that the Bill lived up to the promise that MPs had collectively made to the people by way of the sense of the House at the end of the debate on 27th August, 2011.
"The task of legislation is a very serious business and must eventually be performed by all of us who have been constitutionally assigned this duty. Others can persuade and have their voices heard. But the decision must rest with us. At the same time we must keep in mind the fact that corruption and its consequences eat into the body politics, we have seen public anger," he said.
On reservation expressed by some members that the Centre should not infringe on the State government's rights to enact Lokayukktas, Dr. singh said: "We must embrace a holistic approach in our fight against corruption. Our laws must be all pervasive if we are genuine in our endeavour. Legal sophistry cannot be used to argue that State Legislatures must not adopt the model law proposed or delay its enforcement".
"Corruption is corruption whether in the Union or in the States. It has no legislative colour. I urge leaders of all parties to rise above partisan politics to demonstrate to the people of India that this House means business in its effort to combat corruption".
Recalling the 'sense of House' (resolution) adopted by the members on Lokayukktas too, the PM warned it would be a "breach of the promise" made by this House to the nation if the 'mechanism of the Lokayuktas' is not provided simultaneously by taking recourse to legal arguments. The House should not "derail" its own 'sense of the House' promise.
The real problem of corruption, he said “lies in the domain of State Governments†where the "aam aadmi feels the pinch of petty corruption on a daily basis". It was for this reason that Group C and Group D employees had been brought within the ambit of Lokayuktas in the States.
"Federalism cannot be an impediment in the war against corruption," he reminded.
Keywords: Anna Hazare fast, Lokpal Bill debate, Parliament Session, Winter Session, Lokpal Bill, anti-corruption movement, Lokayuktas, Prime Minister Manmohan Singh
Don't understand the need for a Lokpal. Why not strengthen the CBI and remove government control from it. How are US prosecutors able to function independently even though they are under the arm of the federal government - namely the Department of Justice. That is the model we need, not another bureaucracy.
Dr. Manmohan Singh is trying hard to protect Sonia Gandhi from ending up in jail. Shameful legislation and Indians will learn about Congress mockery and like Arab spring, Indians will be protesting for true democracy, freedom, human rights, transparency, R2P and other rights.
The dirty tricks of the ruling class are out in the open once again.When it comes to giving minority quota in the bill, they say its parliament's job to legislate knowing it very well that it is unconstitutional, but where the independence of the CBI is concerned it is argued that fight against corruption cannot be an impediment againt the federal structure. One gets a message that all this jugglery by both the ruling and the opposition is just to give a false notion of seriousness in getting the bill passed. Where as the truth is just the opposite.
A lokpal without means to investigate is meaningless. What
stupidity, you submit your complaint to somebody it will be
investigated by somebody else then prosecuted by somebody else. And
how can a 230 member body CVC situated in Delhi, handle lakhs of
cases from across the country. Stupidity at its highest order. And
it is understandable that MMS dosent get it. A man who can be a
puppet for so long can give nothing more to the country. Instead of
arming the citizens of the country to fight corruption this bill
provides a means to fight the people who are fighting corruption.
Disgusting. If the people of our country do not stand against this
now, the country will be lost in a decade, both economically and
culturally. Congress dosent care abt economy left dosent care about
culture, and BJP only cares of survival, with such reps we the
country are being taken for a ride.
No one should be above the Law including the CBI and RAW. That's democracy and Dr. Manmohan Singh cannot understand this simpe principle or wants to cover up their wrongdoing? 2G Scam, Commonwealth games, delay in PC's election case showed that the democracy is working for those who manipulate the law and democracy is just drag time and delay in enforcing people accountabile for their crimes.
This is very shameful for the indian democracy that A very Honest PM adviced by his some most corrupt cabinet ministers in order to justify an ineffective and weak lokpal clearly dishonoured sense of Parliament sent by it in earlier session. Let us forget most controversial issue of CBI. I want to ask a very simle question to my Honourable prime minister that what was the problem in including group c and group d employee under the ambit of lokpal with a mechanism adopted by team ANNA. That demand was clearly concerned with common people of India and mechanism proposed in Jan lokpal was enough, constitutionally tenable and adequate to meet demand of and adress corruption of common people.Now, I may support your (PM's) argument of CBI based on a hypothetical example:-consider we have a corrupt PM involved in a small corruption case, a fully autonomous and independent CBI having enough proof against him blackmails and forces him to do some act which is a threat to our nation’s internal and external security or bear destruction of his political carrier as a consequences . Then PM’s act under such a pressure of fully autonomous and independent CBI will be more dangerous than a corrupt PM’s act . we have seen such a kind of established example in our neighbouring contry Pakistan under pressure of fully autonomous and independent investigating agency ISI . In that case fully autonomous and independent CBI will act as ISI and will be a dangerous institution than Govt.dependent CBI.
Very well said Sir., But I think you will agree that this determination came a bit late, may be too late!Its true that your Government had its own limitations since it had to carry too many extra luggages,but that cannot be an excuse for the Govts inability to gain the peoples confidence.because of that inability, people started losing confidence in our system,and now they are on the streets fighting for their rights.You are right sir.,, Parliament is supreme in enacting laws,but what provision the system has when the law makers themselves break the law right where it is made?what has the govt. or the system done against the people who disrupted the functions of the Parliament on petty issues?or should we take that law makers are above law?People may lose confidence on a ruling Political party and choose another,it is democracy.But the present situation is alarming,they have lost confidence in the system! Its a shame, the so called Law makers are responsible for that.
From what I read from the Hon'ble PM's speech in the most respectful Indian Parliament, the bill should be passed in to a law, by all the political parties unanimously, keeping the hardship of the common man in mind to make up the time lost in a globally related turmoil over the past three years.
From a legal constitutional perspective PM is right to argue CBI must be responsible to the Executive under federal laws. However, if he was willing to remove CBI from PMO - to place it under Min of Law (eg. FBI in USA), the political interference with CBI would desist. In context of Lokpal/Ombudsman Bill, it's easy to get carried away by wave of patriotism to put an end to corruption. But corruption is part and fabric of national culture; its historical anticedents are impregnated in the subcontinent. Like EU (+500M), India is a massive mixture of culture and languages - none of it to my knowledge refutes the existence of corruption. Therefore, the irradication of it will take a cultural paradigm shift in a multicultural society. It will surely take a few more generations before one can come into grips with its irradication - root and all!
Sir, True, we should not create any entity inconsistent with Constitution and without accountability to Parliament. But have we not created a Central Cabinet, without any accountability whose Head, the PM , is a non-entity in the eyes of its own members ! Howelse he can justify the membership in it, of persons, accused & acquitted in murder-charges, land-grabbing, extortions ,scams & various crimes.? Of course, he can escape with words " coalition-dharma". A PM who acts after two full years & only after being directed to act by the Judiciary & Media is a weak PM, to be mild to him. We want a Lokpal, accountable to the Nation and not to the ever-corrupt Politicians! India's enemy is not from external sources , but from these corrupt leaders & beaureucrats. If Ministers, Class A & B officers are non-corrupt, all will be fine.
All the corruption problems would not have occured if the political party in power did not violate the trust of the people. Instead, the elected leaders commited a pre-meditated sin and in the proces shifted the wealth from poor to the the ultra rich. Now, it is the responsibility of the government not only fix the problem of corruption with severe penalties including death and confistication of all the assets in the convict's name and his family's name. In addition, the injustice done to the poor people due to corruption need to be corrected by taxing the ultra rich to distribute the money to the poor. Finally, the government has to apologize to the people.
PM is fooling people by giving useless explanations. Lokpal bill should be strong enough to fight against corruption, not to shelter the enemies of the state.
I totally agree with MMS. It would be a disaster to bring CBI also under Lokpal. What if the lokpal were to go corrupt? lokpal has only 9 people which are not even elected by the people. If the parliament, which is elected by the people, can go corrupt, then what is preventing the lokpal from becoming corrupt? So CBI and judiciary should be independent of lokpal and also the government.
CBI must be under Lokpal, only then it can function independently
without political interference. Once CBI comes under Lokpal, the entire
cabinet of UPA including PM will be in Tihar Jail. Manmohan Singh is
protecting himself and his party by not bringing CBI under Lokpal. Mr.
Singh must realise that Tihar is not such a bad place and act in the
best interests of the country.
If legislation is a serious business and you are the head of that legislative body, why in your ten year rule you did not do anything to straiten things so that the common people would not have risen in revolt against the ruling dispensation?
Well said my dear Prime Minister. If the CBI is given at least operational freedom and allowed to pursue investigation objectively without any political pressure, it will go a long way in ensuring justice. The process of selection of its director is also quite fair.
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