Government-suggested panel is packed with politicians
The only one contentious issue came up for discussion at Monday's meeting between the government representatives and the civil society members of the Joint Drafting Committee on Lokpal Bill.
It was the selection and removal of Lokpal members. The two sides differed on both counts. The government preferred a committee comprising the Prime Minister, the Lok Sabha Speaker, the leaders of both the Houses, the Leaders of the Opposition of both the Houses, the Home Minister, a judge of the Supreme Court, the Chief Justice of a High Court and the Cabinet Secretary. The civil society members opposed this, saying it was packed with politicians; instead, they suggested a committee of the Prime Minister, the Leader of Opposition, two Supreme Court judges, two High Court Chief Justices, the Comptroller and Auditor-General (CAG) and the Election Commissioner.
As for the removal, the government sought to reserve for itself the right to approach the Supreme Court with the complaint, while the civil society members proposed that any citizen be free to send a complaint to the Chief Justice.
Mr. Bhushan said the aim of the civil society members was to ensure independence and fairness in the selection and removal of Lokpal members. “The issue is whether we will have a comprehensive Lokpal or just one looking [into] a few high profile cases.”
He hoped that the government would involve the whole country in the drafting of the Bill and listen to the general public and not just the political parties.
Deliberations made public
Meanwhile, the deliberations of the sixth meeting of the committee, which the civil society members boycotted after the police action on the Ramlila Grounds, has been made public. At the meeting, the government members discussed whether Lokpal members should be barred from contesting elections and whether the office of Prime Minister should be brought under the purview of the Lokpal.
The five Ministers failed to reach consensus on whether Lokpal members should be barred from contesting elections as it was suggested that a person's eligibility was laid out in the Constitution and any attempt to bar would need a constitutional amendment. One Minister even opposed the idea to bar the members from contesting elections. They decided to leave the issue to the Cabinet for a final decision.
Similarly, on the issue of inclusion of the office of Prime Minister under the ambit of the Lokpal, Union Finance Minister Pranab Mukherjee took the stand that any inquiry should be suspended till the Prime Minister held the office and, once he demitted office, an inquiry could be initiated.
As regards former Ministers, Union Home Minister P. Chidambaram held that all those covered by the Prevention of Corruption Act should be brought under the ambit of the Lokpal even after retirement. The meeting favoured inclusion of Ministers, former Ministers, MPs and former MPs under the ambit of the Lokpal.
IN "THE JAN LOKPAL BILL 2011, Draft Lokpal Bill; STATEMENT OF OBJECTS AND REASONS", the stress is that Lokpal Bill should not be drafted and passed in violation of United Nations Convention against Corruption (UNCAC). What is wrong in the given stress? Whether the government and the political parties are in position to take stand against UN in the context?
Under the ambit of Lokpal, PM will not come, MPs in parliament will not come, Ministers will not come, lower Babus will not come, higher judges will not come - then who will come? Why the govt. is confusing people by saying that the Jan Lokpal Bill will creat a parallel govt? What do the ministers want - making a Lokpal with No independent power to question no government servant? How will they eradicate corruption? By retaining selection and removal power of Lokpal members, government want to intentionally make Lokpal toothless and helpless. Govt. actually want that corruption practices should stay for ever without anyone getting jailed. Are Indians fools? People are awake now; they want the Jan Lokpal Bill drafted by Team Anna which is comprehensive and transparent capable enough to effectively root out corruption in the government covering every one from the PM to the Peon. People are angry and determined to teach the corrupt regime a good lesson.
I agree with Mr.Om Mishra.Further it is noted that govt. body wants corruption ladder whereas civil society is proud to have transparent janlokpal.
How far is it realistic to hope for removal of corruption from a body which is being selected by the very people who are the fountainheads of this corruption. Government should adopt the selection procedure of the lokpal as suggested by the civil society i.e in the selection committee here will be the prime minister , the Leader of Opposition, two Supreme Court judges, two High Court Chief Justices, the Comptroller and Auditor-General (CAG) and the Election Commissioner.
1. I agree with verma;only bribes above a minimum amount should go to the Lokpal. Otherwise, the Lokpal will be burdened with thousands of cases like the CVG and High courts and justice will be delayed; The lokpal will become disfunctional like our present judiciary system.
2.While I agree that the PM and the CJ of the supreme court should be exempted from the lokpal, there should be a mechanism, preferably under a BENCH of the supreme court, for probing allegations against them. There should be a provision for filtering out, at a preliminary stage, frivolous allegations against them.
3. Lokpal members must not contest elections once they join the lokpal team and for 5 years after they leave it.They should not also accept "rewards" like governorship/ambassadorship for 5 years after they leave.
4.The number of politicians(PM, ministers,MPs etc) may not exceed 50% of the lokpal team.The balance will be filled from the judiciary.
5.No retired bureaucrats in lokpal team.
E-Democracy activist -www.rajsubramanian.com
I think both sides by discussions watered down the spirit of the nation.
Now Thinking out side the square-----Whatever being enacted - how can we make - Politics to be not a business or to be less attractive as a means of gaining disproportionate wealth?:
1)Restrict all Political positions - PM/CM/Minister to one time of 5 years (in US President can hold office for only two terms)- But Salaries and Pensions should be on par with the best in the world
2)Restrict all Representative Positions(MPS/MLAs/MLCs) to 2 terms of 5 years -But Salaries and Pensions should be on par with the best in the world
3)Recall of these people - by simple - Online binding referendum (all voters registered by default with emails/mobiles/online registration) - without big cost.
4) Extend this referendum to cover all other Bills - if 25%(or an agreed percentage) of online registered voted their will prevails and taken as voted by Parliament.
I agree with this suggestion in principle
How about creating a corruption ladder and appropriate standards/processes to deal with it?. For example, the corruption for class 3 and 4 employees need not go to the Lokpal. Similarly, bribes less than 1000 rupees should not come under Lokpal. Lokpal should only consider cases above a certain amount, say above 10 lakh rupees. Consider such a ladder based on positional status, amount of corruption, duration of corruption and impact of corruption, etc. Without such a framework, LOkpal will only deal with petty chai-paani bribes!
Please Email the Editor