When the basic structure of the Constitution denies the Prime Minister immunity from prosecution, how could it be argued that the office should not be brought under the scrutiny of the Lokpal?
The Indian citizenry is up in arms against corruption at the highest levels of government. Anna Hazare's movement has caught the people's imagination. The former President, A.P.J. Abdul Kalam, has pitched in and called upon the youth to start a mass movement against corruption under the banner “What can I give?” (The Hindu, June 27, 2011).
According to a CRISIL report (The Hindu, June 29, 2011), inflation has caused the Indian public to be squeezed to the extent of Rs. 2.3 lakh crores. According to the Comptroller and Auditor General of India (CAG), the estimate of loss to the exchequer owing to the 2G spectrum scam is Rs. 1.22 lakh crores.
That corruption is a disease consuming the body politic is a fear expressed by dignitaries in India over many years. As far back as 1979, Justice V.R. Krishna Iyer observed in a judgment in his inimitable style: “Fearless investigation is a ‘sine qua non' of exposure of delinquent ‘greats' and if the investigative agencies tremble to probe or make public the felonies of high office, white-collar offenders in the peaks may be unruffled by the law. An independent investigative agency to be set in motion by any responsible citizen is a desideratum.”
Mark the words: fearless investigation by an independent investigative agency against delinquent ‘greats'. A good Lokpal bill has to be nothing less.
It is in this context that this article addresses the issue of whether the Prime Minister should be brought under the ambit of an Ombudsman (Lokpal) and be subject to its scrutiny. It is important to observe that in most of the Lokpal bills, including the 2010 government draft (except the 1985 version), the Prime Minister is within the ambit of the Lokpal.
The Constitution
Under the Indian Constitution there is no provision to give immunity to the Prime Minister, Chief Ministers or Ministers. Under Article 361, immunity from criminal proceedings is conferred on the President and the Governor (formerly the Rajpramukh) only “during his term of office.”
So what is the principle behind such immunity being given? The line is clearly drawn. Constitutional heads who do not directly exercise executive powers are given immunity as heads of state. Active politicians such as Ministers, who cannot remain aloof from the hurly-burly of electoral and party politics, ethical or unethical, honest or corrupt, are not given any immunity. They are subject to penal laws and criminal liability.
The basic structure of the Constitution clearly denies immunity to the Prime Minister.
Internal Emergency
During the period of the Internal Emergency (1975-77), Indira Gandhi enjoyed dictatorial powers. She detained without trial prominent Opposition leaders and was supported by a captive and rump Parliament.
The Constitution (Fortieth Amendment) Bill was moved in, and passed by, the Rajya Sabha in August 1975 and later it was to go before the Lok Sabha. The Bill was blacked out from the media and hence very few people knew about it. It never became law because it was not moved in the Lok Sabha.
The Bill sought to amend Article 361 by substituting sub-clause (2) thus: “(2) No criminal proceedings whatsoever, against or concerning a person who is or has been the President or the Prime Minister or the Governor of a State, shall lie in any court, or shall be instituted or continued in any court in respect of any act done by him, whether before he entered upon his office or during his term of office as President or Prime Minister or Governor of a State, as the case may be, and no process whatsoever including process for arrest or imprisonment shall issue from any court against such person in respect of any such act.”
The attempt to give life-time immunity from criminal proceedings for acts done during and even prior to assuming office, of the President, the Governor and additionally the Prime Minister, did not materialise.
Foreign jurisdictions
In Japan, Prime Minister Kakuei Tanaka (July 1972 to December 1974) was found guilty of bribery and sentenced. In Israel, Prime Minister Ehud Olmert was indicted in corruption scandals in August 2009. In Italy, Prime Minister Silvio Berlusconi enacted, through a pliant legislature, a law by which he shielded himself from prosecution. The Italian Constitutional Court recently invalidated crucial parts of that law, which may result in his trial being revived.
The following are some of the main arguments against bringing the Prime Minister under the Lokpal's scrutiny. The first one runs thus: “The simple answer is, if the Prime Minister is covered under ordinary law (the Prevention of Corruption Act), you don't need him covered under Lokpal.” This is a view that has been attributed to the former Chief Justice of India, J.S. Verma (Hindustan Times, June 27, 2011). Any misconduct by a Prime Minister can be investigated by the Central Bureau of Investigation: this view is that of Chief Minister Jayalalithaa (The Hindu, June 28, 2011). This objection concedes the principle that the Prime Minister is not immune from criminal liability and can be investigated, but argues and assumes that the Prevention of Corruption Act and the CBI present effective existing alternative procedures. Nothing could be farther from the truth and the ground realities.
What is the ground reality? First, the CBI, the premier anti-corruption investigative agency, is under the Department of Personnel and Training, which is controlled by the Prime Minister's Office (PMO). Secondly, the career prospects of CBI officers and other personnel are dependent on the political executive, and all officers are subject to transfer except the Director. Thus, the investigative arm is controlled by the ‘political suspects' themselves. Thirdly, the Single Directive, a secret administrative directive that was invalidated by the Supreme Court in the Jain hawala case in 1997 (Vineet Narain v. Union of India) has been legislatively revived. Consequently, under Section 6A of the Delhi Special Police Establishment Act, the CBI is disabled from starting an inquiry or investigation against Joint Secretary or higher level bureaucrats without the Central government's prior approval. Therefore, the Prevention of Corruption Act is a non-starter against Ministers and high-level bureaucrats who may act in concert. It is imperative that the CBI's anti-corruption wing be brought under the Lokpal and not under the PMO. This alone would meet the test of an independent and fearless investigative agency as enunciated by Justice Krishna Iyer.
Secondly, it is argued that if the Prime Minister is within its ambit, the Lokpal could be used by foreign powers to destabilise the government. Today, the checks on the executive government are the higher judiciary, which has actively intervened in the 2G spectrum scam and other scams; the CAG, whose reports against the functioning of the telecommunications sector triggered investigations into scams; the Election Commission headed by the Chief Election Commissioner, which conducted elections in West Bengal in the most efficient and orderly fashion. All these authorities could be undermined by a foreign power. Why should the Lokpal alone be the target of a foreign power? Why not the intelligence and defence services? Why not leaks from Cabinet Ministers and their offices — bugged or not?
Thirdly, it is argued that bringing the Prime Minister under the Lokpal's scrutiny would mean a parallel government being put in place. This objection is disingenuous. Do the Supreme Court and the higher judiciary constitute a parallel government? Is the CAG a parallel government? Is the CEC a parallel government? Is the CBI a parallel government? The answer is clear. These constitute checks and restraints on the political executive and the administration so that public funds are not misappropriated and constitutional democracy and citizen rights are not subverted. The Lokpal will be under the Constitution and subject to judicial review, and it is imperative that the anti-corruption wing of the CBI be brought under the Lokpal. There is no question of any parallel government. The Lokpal will be only a check on the corrupt activities of the Executive. If all checks and balances are to be regarded as the marks of a parallel government and therefore abolished, it will be a recipe for dictatorship.
William Shakespeare wrote: “There is a tide in the affairs of men, which, taken at the flood, leads on to fortune; Omitted, all the voyage of their life is bound in shallows and in miseries.” There is a tide in the affairs of this country and there is a great opportunity to promote good governance through a powerful and independent Ombudsman. India's economic reforms, for which the Prime Minister deserves approbation, should not be derailed at the altar of scams and corruption. Will his leadership ride on the tide of fortune and take the country forward to greater heights?
(Anil Divan is a Senior Advocate, and president of the Bar Association of India. E-mail: abdsad@airtelmail.in)
Keywords: Lokpal Bill, Prime Minister Manmohan Singh, anti-corruption campaign, 2G spectrum scam, Anna Hazare movement, independent Ombudsman, judicial issues



I am very thankful to you sir for writing a very well researched and a comprehensive, simple yet bold piece of writing. I wish it reaches the masses and create awareness.
As a common man, all that I wish to see through is that all, powerful or sundry being brought under the ambit of a powerful Lokpal. We need independence in its true form.
Law making is the exclusive power of legislature.upto this politicians are correct but in a country where a person who gets only 30 % votes in election and get selected will be able to think the wishes of the whole population. They are afraid of strong lokpal because that will curtail their chances of being corrupt.a strong lokpal is the need of the hour and PM should come in its ambit.The anti corruption wing of CBI should also work under LOKPAl instead of DoPT. There are so many instances where CBI has to take permission to investigate against a corrupt politician from another corrupt politician. I don't know why politicians are afraid? If they know they are correct then why are they doing these nonsense things like stopping Anna from another strike.
I believe this article should be circulated to all news channels, all news papers, and to as much individuals as possible. This is really a brilliant piece of writing, as can be seen by number of comments in its support, clearing every doubt on Lokpal.
The article is clear and unambiguous in content and simplicity. Accolades to Mr anil Divan. What is the problem with the Parliament and ministers? Are they so mortally scared that they want to hide behind colonial mind set?. It is time for the country to get rid of those who resist improvements in administration of good governance. All including PM and judiciary must come within the ambit of LP.
what an article this is. It brings the issue of PM being under lokpal in perspective.
Thanks for making our understanding cristal and clear about Lokpal Bill.....Lots of accolades to The Hindu for such a remarkable articles.
This is a very well written article. All government approved in today's declaration of lokpal bill was what they want irrespective of demands put in front by Anna Hazzare and co. All the decisions that cabinet has taken today to prevent corruption, hey must have assuered all the ministers that there will be a way out of this if anyone caught red handed in cases of corruption. The option of getting CBI under Lokpal bill is a way out altleast for an uninterupted enquiry in a corruption scam.
The very gist of the Constitution of India is simple - to serve common man in a manner that she/he must have her/his legitimate right (in the form of anything) but corruption deny every right of citizen. No body is above the law if she/he is guilty of any crime.
As this article has clearly shown, why Prime Minister should be under the ambit of Lokpal, the responsible authorities must not overlook these factors and should frame an effective Lokpal, which work effectively for common countrymen instead becoming a puppet in the hands of ministers and senior officials.
ANIL DIVAN hats off to you sir...You, Anna Hazare, Arvind Kejrival are real Super Stars of India. My kids will have Pics of people like you and anna in there bedroom instead of Salman, Amitabh and Sachin. I wish many more people like you are in power and spread the jan lokpal movement. JLP movement doent have power and resource so people like you are real asset.
Very precious job has been done by your newspaper. Really anybody believes or not but it is fact that our country is the biggest homeland of corrept beurucrates. In every foriegn country when you will hear any thing about India, the 1st sentence will be India's corrupt pliticians & bureaucrats.
This article compares Higher Judiciary, CEC, CAG and CBI to the proposed Lokpal which is like comparing Apples and Oranges wrt the powers of Lokpal. In any case, Higher Judiciary should be outside the purview of the Lokpal for a stable democracy.
I will really be surprised to see this Lokpal bill passed by the government. Like the Kashmir issue, this talks will go on for years. India cannot be saved. Abdul Kalam's dream of seeing 2020 is merely a dream which can only be in books. Look at China's growth. These politicians are going to leave us in shame in front of the whole world. Unless and until the punishment for the corrupted politicians are intensified, the hope for a brighter India cannot be seen. This can be witnessed from 2G scam. If Raja and Kanimozhi are not sentenced to imprisonment for at least 25-30 years,
The kind of corruption which affect common man most is from the officials of Group D, C or B level only. Every department has its own 'Code of Conduct'; under which a senior officer commands immense powers to streamline corrupt behavior of these subordinates. So the real solution is to create circumstances where senior officers are held responsible for their supervisory lapse in failing to arrest the corrupt practices of their subordinates. At present the senior officers enjoy and junior level officials face disciplinary actions for implementing verbal orders of their seniors. Once this system is reversed, we are bound to see substantial difference. Lets not forget, 'to kill a fly you don't need a cannon'. So petty corruption which affects the common man most can never be controlled by bringing PM under ambit of Lolpal but by making higher bureaucracy accountable to the public at large.
I liked the comment given by Chief justice of India that CBI should come under the realm of lokpal and lokpal under the Constitution. By, doing this we are not only empowering CBI and lokpal, we are also staving it off from corruption.Double Whammy India......Hope they approve of Iyer's incisive thinking.
The aritcle is well-written. But there are many issue we should focus on. It was brilliantly pointed out by Ramaswamy in his comment. But we all want to write and read what is sold. We shall include many issue in this bill, the right to education for all, rising all above quota system, effective and effecient polity making, etc.
The Prime Minister, is the one being autonomously selected by 1.21 billion population of the country, through a proper democratic method. But how the Lok-pal would be selected, just by bunch of guys who are renowned in their work, it seems a good fight, which is being approved by our middle class, but not all section of society. The middle class has preconceived that, other section of the society are incapable to work for the wellness of the country. I feel that the efforts shall be made to achieve the main goal not to deviate for it.
Brilliance on a piece of paper sir . Hats off.
I wish that people like Anil Diwan uproot the false information disseminated by the media and expose the media and its supporting the vested interests. If our media were upright and independent most of the national issues would have come to limelight in the right perpective. In fact media has colluded with the vested interests and always misinformed and misguided the public. Our fourth pillar has not stood up for justice in the issues of national importance but always discussed trivial issues to divert attention. I hope that the media changes its course and takes up issues of national interest. 1. Why we are at the rock bottom of corruption index as per Transparency International. Is media asking this question to the Goverment. Why CBI and the other agencies are under the control of the Goverment? Why they are not Independent? Is media asking these questions to the Government!
-PM can be investigated only by the agency which is under his control. The article explains how badly our system has been exploited. The article vividly explains how untenable the government's current stand on PM coming under the ambit of Jan Lokapl. Time is being wasted on this trivial issue. It is a sad thing that we feel great as the largest democracy, but our system is fraught with loopholes. We have a proxy PM who does not know what his cabinet ministers are doing, even if he knows,he will remain silent effectively becoming a powerless executive(indirectly making PM, as the representative of people, responsible for their greedy acts)-is this our basic structure of constitutional? We even here the news of the EX-CJI having inappropriate wealth, this shows our judiciary even at the highest level is not corruption free. 2G and KG has become a cliche.It is high time that we review our whole democratic system.It is the effective Lokpal that will be the first step towards it.
Reasons being cited for not including the Prime Minister's position for probing of charges against him, on the plea that the PM cannot become dysfunctional because of investigations by the Lokpal, are without merits and as such escapist. What will happen, if because of natural reasons such as death or any serious ill health problems, the PM is not able to function in a normal way.Is there no provision or a second line of defence for the Government to function? Such a situation did happen in our Country when Lal Bahadur Sastri passed away in Tashkent,Russia. At the State level when Jayalalitha was not able to take the chief-ministership,on an earlier occasion because of a court verdict, an alternative person from AIADMK was promptly put in place, without any hitch.We have also recently seen the spectacle of how the PM himself was not initiating action against the perpetrators of the 2 G scam.For many months, the Parliament did not function properly.The Supreme Court had to direct the CBI to go ahead with the unearthing of the greatest scams of recent years. Not including PM under surveillance of the Lokpal is therefore hollow and dangerous for the Country.
Not including the Judiciary in the Lokpal list looks logical and reasonable but not the Prime Minister because of the spate of scams that were not taken notice of by the PM on his own.
This is a must read article. I never understood why to and why not to PM under purview of Lokpal Bill. I think PM must not be given immunity from Lokpal Bill.
Excellent. All the more reasoning to bring PMO under Lokpal. This should be published in All news papers.
Right article at the right time. But, what about Mrs. Sonia Gandhi? I mean, if someone scales the ladder of power the manner in which Mrs. Sonia Gandhi has done and without becoming a PM or even a Cabinet Minister, holds all real political power in her / his hands, without any accountability to the Parliament or even the Media, thereby the nation and it's people, will the Lokpal (in any eventuality) be able to reach out such an extra-constitutional power centre, that functions out of public money?
Lawyers as a tribe do not enjoy much confidence among the common people, yet I have to accept the arguments of Mr. Diwan as cogent, although I am not sure whether he can equate the offices of CEC, CAG, Higher judiciary with that of the Prime Minister.For me the problem is not bringing in the office of PM under Lokpal, but putting higher judiciary under its purview.It is right many of the readers have asked for a vernacular edition of the piece to make the arguments known to the man in the street. I would also like to see a comparative analysis of both Government's as well JanLokpal's drafts put before the people in an objective manner.
It has indeed become a hot debate all over the country and if we delve deep into the matter we will realise that the matter is more symbolic than being something concrete. PM being the executive head of the nation is always under scrutiny and can rarely avoid the glare of media,political parties,citizens etc. It is the executive body attached with the PM that has to be more rigorously and continuously scrutinized as in our country corruption generally goes top down and if we can stem the flow at the very top we might be able to root out the weeds.And astonishingly all the states CM have kept a silence on it even though they would be thoroughly affected by it too once lokayukta gets formed.They need to come up with their their suggestions and opinions so that we can have an amicable solution which the govt is ready to implement and citizens ready to accept.
My sincere thanks to Mr Anil Divan for an outstanding article and to 'The Hindu' for publishing it. I humbly request 'The Hindu' to start an Anti-corruption campaign and educate the masses on Jan-Lokpal. I am forwarding link of this article to all my contacts.
Very good authentic report; as a common citizen I am having the opinion that no one is above the law. Why PM or President or Supreme court chief justice be an exception? Even our Ramayana teaches us that Sita has to show her purity by passing through the fire to convince Rama & all other people that she is innocent.There is no valid reason for excluding PM as validate by Mr.Anil Divan's report. All the very best for Team Anna for a successful Lokpal bill.
If Lokpal functions under the constitution, the Prime Minister's office being already under the constitution, what is the need of a Lokpal ? Another point to note is that the members of the Civil Society formed by Anna Hazare are hand picked, however eminent they might be in their respective professions. So they are less equiped to speak for the people of the country than the members of the government who are elected by the people through a democratic process. However, the suggestions of the civil society must be held with the greatest esteem. But the job of laying down the guiding principles for a Lokpal be best left to the government.
Real remedy, however, for eliminating corruption from the society is to lift the minds of a certain section of the people prone to corruption from its state of degradation to one of moral values.
Isn't it ridiculous to talk of immunity at all. Why is it needed at all? Do the Prime Minister and other high office officials need to do immoral things to have some good for the nation. If we scrutinize the concept of immunity little bit closely it can be found that it runs against the basic precepts of democracy. This term should be completely deleted if it exists somewhere in our constitution.
A good article with satisfactory explanation for a strong lokpal. Congratulations............
Kudos to both Adv Anil Divan and The Hindu for an unusually clear and candid analysis of a treacherous situation created by the vested interests in the corridors of power.
While Lok Pal has it's own independence in investigation and recommendation to prosecution, it must still be answerable to the elected parliament. Without which, there could be other problems that could emanate from such an arrangement.
At the time of election, the politicians blatantly bribe the population and the population in return bribe the men/women in power for the rest of the time! It all comes down to who has the power at what time of the election cycle. It is a collective shame of the country that every decent Indian must fight against at all transactions. If the judicial arm of governance is not supportive of rectifying the disorder, help of the public media to be sought to name and shame the officials involved. The corruption can only prevail under anonymity!
Brilliant and well balanced article by Anil Devan.It must serve as eye opener to the people in keeping updated with the ground reality and the need of one such organisation which may rein in influential people and high up being indulged in corruption.Those who have reservation in putting The prime Minister under the ambit of Lokpal either rebut sans genuine and logical points ormisguiding the people.CBI comes under the purview of the Prime Minister, will hardly exercise its power if the Prime Minister are proven wrong. Corruption has become the most talked about word today.Thanks to effort of Anna Hazare,People has been pressed and awakend from the slumber to fight the chronic disease like corruption.
Civil Society refers to a section of the society as distinguished from military or religious society. So the people on the government side like ministers and MPs also belong to the civil society. In addition to that they are elected by the people in a democratic election and enjoy greater acceptibility. On the other hand the members of the civil society of Anna Hazare, however eminent they might be in their professions, are chosen arbitrarily and do not enjoy the sanction of the people. Their views on Lokpal bill must be taken and considered with the deepest regard they deserve. But just that, nothing beyond.
The problem is not with this committee or that committee. The problem of corruption is much deeper. It is the degradation of the minds of a section of the people in position of power and authority, devoid of morality, ethics, propriety, and self respect that is primarily responsible for the widespread corruption. The remedy lies in uplifting the minds from this morass.
It was really insightful to know the realities going around which gives support to the stand of TEAM ANNA why the P.M should be brought under the ambit of Lokpal. It would give a solid base for the crusade against corruption.
An article with lot of loop holes.Mr Divan says that article 361 exempts president and governor, has no trouble with it, but does not scratch the reason for why they being exempted.If the president of the country and governors need to be exempted then how can the PM who actually represents stability of polity in country should be included? Most of his arguments are made for a legal chamber but not for the court of people and reason.
I strongly disagree with Mr.Yuvan for two reasons. I completely agree that we, the citizens, should not pay bribe. Ideologically it is correct. But practically it does not seem to be feasible for two reasons 1.1 - Take the case of a common man, for example, who wants to get his daughter married off. To meet the marriage expenses he plans to sell a small piece of land and goes to the sub registrar's office where the clerk demands Rs.5000. The marriage is next month. Do you expect him not to pay bribe and endanger his daughter's wedding or pay bribe and get his work done? Wouldn't it be easier, if the clerk did not demand money? 1.2 - Would it be easier to educate 120 crore people not to pay bribe or to control the 12 lakh or so government employees if their bosses are sincere? 2.0 - A.Raja, the telecom minister, was not bribed by a common man! Suresh Kalmadi was not bribed by a common man!! They are swindling from our tax money and that is what we are trying to control primarily.
All persons involved in influencing/interpreting the laws of the land should be brought under LOKPAL.
Let us think again. Is there any law now which allows corruption, still people are corrupt.It's not important to make a law in Black & white and stay inactive. It's the attitude of people should change. If we the people dont give bribes then how they (politicians) going to get it? If the politicians say "we will give so and so free.." are we not the first one in the line to get it. Did we ever question how he says its free. Not one but every one should question then automatically everything will come under control. let alone we change then change comes automatically.
You've changed my opinion about political corruption in India. I was a Visiting Parlimentary Fellow during time of Indira Gandhi regimes extraordinary power grab....at Centre. CBI must be legally independent of PMO - ie. it explains why SC is forcing their hands on 2G scam in order to get investigative traction. My problem is that current Lokpal Bill - from both sides - is too ambitious and might get side-tracked politically. Ombudsman institution is under the consitution of Sweden - first such public prosecutor in European states - and is principally focused on official maladministration. I'd like Lokpal Bill to focus on maladministration and report directly to Parliament. Parliament must table its annual reports and publish it. And once it gets established, and there is room for improvement, I'd consider making it premier administrative court on official maladministration.
India is a case study of good intentions lost because of inability to focus on nexus of power.
Thanks for sharing this. All media should support Anna Hazare and country's Strong Jan Lokpal Bill.
The greatest menace India is facing is corruption.There must be a militant,active nationwide movement against corruption.judiciary and Prime Minister should be under the Lokpal.
Wonderful articles.Gives answers to all the foolish questions raised by the politicians regarding Lokpal bill.Next we have to think how we can save the country from these politicians.
Excellent article. The ruler should be liable to prosecution in the event of having been found guilty. This is the ancient culture of India. Manuneedhi Cholan himself awarded death punishment to his son who accidentally killed a calf. This ancient tradition of India has to be followed.
Kudos to 'THE HINDU' for giving such valuable inference for the common man. The solution for this problem is VERY SIMPLE, if ONE issue is controlled, denial of which is the main reason for such corruption,injustice,inflation, unemployment etc.,majority of problems in india can be uprooted from Indian history. The issue is ,currently in india all the politician contests the elections any number of times he wants, ultimately sticking to that seat and subverting all the powers to their gain.If we change the constitution to amend that, one can contest and be in any ministerial/MP/MLA/CM/PM etc.,berth at the maximum of 2 times/terms only (like in other countries)then these fellow leaders will fight with each other to bring all kind of law that they now hesitate to do.The advantage with this change is every Indian gets a chance, nepotism avoided,police and law will not be afraid of politicians.
Thanks for the detailed article. At least , there is one news site which showed mercy to the anti-corruption movement..
Great Article! This will clear a lot of uncertainty created by the Congress party to derail the Jan Lokpal bill. Kudos to Mr.Anil Divan.
Outstanding article. Kudos to 'Hindu' for publishing and for eductating the country. Congress's attempt to add confusion will clear up with socially responsible people like Anil Divan and media like The Hindu. I find very convincing answers to the questions posed by (corrupt) politicians. You have certainly raised the bar. Hats off.
Mr.Anil Divan has succinctly dwelt upon his views pertaining to inclusion of PM under Ombudsman (Lokpal)and the need to bring in a fearless agency to keep a vigil and do away the prevalent corruption from the country.Thanks to Anna Hazare the movement to uproot the corruption has been reinforced. The CBI being controlled by PM has not proved so much effective as needed. Then how come any case against PM be tried by CBI?The reservation expressed by M.S Jayalalitha and Justice Verma to exclude the PM from lokpal bill is biased and will leave some scope to give the birth of corruption. It was (late) and ex-PM Rajive Gandhi,who said that if Rs.100 issued by government,only 12 paise reaches to the people.The recent reveallation of the scams in the tenure of the UPA govt has added much stigma. It is high time we the citizen of india came forward and played a proactive role to save the country from those high ups who are bringing this country on the brink of disaster.
Really an awesome article. I request the hindu to handover the transcript of this copy in all the regional language to the all the regional news paper of india. Every indian need to know the truth.
firstly, I was supporting Annaji for his view to bring Prime minister under the lokpal purview without reason but now ,after reading this article, I have lot reason for supporting him. Really it's very nice article. Thanks to Anil Divan & 'The Hindu' for publishing it.
Every politician should read this article who are against of perview of PM and judiciary under lokpal, and they have need to rethink about their view. They also need to think about 120 millions people.
There can be no better presentation than this on the need for Strong Janlokpal. Anil Divan deserves to be congratulated on his attempt to open the eyes of sceptics. If Tamilnadu Chief Minister happens to read this article, she is sure to change her stand. The clarity with which article puts itself in defending the stand of Janlokpal in bringing PM under JLP,is an awakening call to all indians, who look forward to good >governance, transparency and elimination of corruption.
This is very valuable addition to the present debate on corruption Clear, concise and precise. There can be no credible voice more than that of Anil Divan. Let J.S Verma and Kapil Sibal read this and reply point by point. If there is no such rebuttal, we have to presume that these two gentlemen have no answers, and concede these points
I cannot better the elegance that I have found in a letter to Bishop Mandel Creighton from Lord Acton, so I quote a part of it: "You may say that people in authority are not to be snubbed or sneered from our pinnacle of rectitude. I really don't know whether you exempt them because of their rank or of their success, or power, or of their births......i cannot accept your canon that we are going to judge Pope and the King unlike other men with favoured exemptions that they did no wrong".
"If there is any presumption, it is the other way, against the holders of power, increasing as the power increases historic responsibility has to make up for the want of legal responsibility. Power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority..".
Dear Mr Divan, Would you consider writing an opinion on the inclusion of (i) the higher judiciary (ii) all bureaucrats (central and state, all India and state level cadres, from all services, working directly under the govt or in PSUs etc) and (iii) conduct of MPs and MLAs, under the purview of the Lokpal? These being the other three areas considered contentious by some. Judging by the comments posted so far, most readers of The Hindu would like to read what you have to say.
Hats off to you Mr.Divan!This unambiguous article has cleared all my doubts,if there were any & now me and many more like me would support the Lokpal bill even more strongly.
A very mischievous and misinformation campaign has been going on by vested interests in the UPA dispensation to exempt the office of the PM from the ambit of the proposed Lokpal as if the heavens would fall if he is covered by the Lokpal.This is far from true as has been brilliantly brought out by Divan.Is any more justification needed to end the controversy that has been unnecessarily created to divert the attention from the tasks before the panels for drafting the proposed Bill?
Firstly I must say thanks to Sh. Anil Divan Sir for removing the contradictions on the issue. Then I would like to answer a gentleman Mr. Pramod Patil that If a prime Minister is found to be corrupt then cetainly we must take the risk of the whole govt falling. Because in that case it cannot be called a risk because the risk would be greater if such Prime Minister continues to be in office.
Good Synopsys. Timely too. I believe we Citizens must vote for enabling the creation of a just and fair lokpal, which cannot exempt our Country's Chief Executive staying out of it's ambit. The consequence of the Lokpal (Civil Society version) will certainly be dissapointment in the sections of the society who actively participate in the election process (Business-Media-Politicians-Underworld nexus), and will lead to revival of interest in the sections that must participate, but for obvious reasons choose not to; vis-a-vis, The Middle & the Middle Upper Crust of the society. The common excuse of these classes staying out of the election process is that, "We don't have it in us, as we cannot lie, or play games." A just and fair Lokpal's consequence will be a great revival in their interest, thus culminating in their active participation. This is the urgent need of the hour, as it will brilliantly enlighten and enliven our Great Country, once again. Kudos to Mr. Divan, & The Hindu Team!
The article is very motivating and enlightening. How I wish the PM read this article and then made a fair opinion about himself and his government that is deep ridden in corruption.
Great Article. It clarifies and reasons various critical items in Lokpal bill submitted by civil committee. The best part is that the article is presented in a layman language which makes it easy for common people to understand. This article should be publised on front page in all the newspapers.
Well said. Does this mean that the governing authorities do not know anything about our constitution? Or is it that their mind is clouded with their mistakes stopping them from looking at the broad view of Lokpal's intention? Or is it even more than just mistakes? "Every member in the parliament is a representative of the people. If they do not sync with people's view, they are only speaking for themselves."
So if they hinder any progress in forming a prosperous India, they should be seized from power immediately, rather than argue with them. Abraham Lincoln said "government of the people, by the people, for the people, shall not perish from the earth.". And our government is going to perish if it does not understand these words.
A Prime Minister does not fall from heaven (this may not be the view of some). He or she in that high office come to that position with popular support or as is the case with the present Indian Prime Minister, with the support of people who have popular support.Thus a PM is the creature of the people in a democracy where the peoples' will is supreme. A Prime Minister is the servant of the people to govern the country as per their will. People therefore could have another servant of theirs or a group of them (a Lokpal)to ensure on a continuous basis that those entrusted with the power to govern the country do perform their duties as per their will as reflected in the constitution and laws of the country. If the logic enunciated above is valid, then the Prime Minister should be the fist person who should be under the scrutiny of the Lokpal.
Congratulations Mr Divan for bringing out the true picture of CBI, CVC and all other investigating authorities. Did not we see that CBI raided at Raja's residence only after giving him 'enough time' to right off the evidences? Was it possible without taking into confidence the PMO? We have seen the power of tolerance and restraint by all high and mighty people and authorities of our country like Military, Courts, Election Commission etc. Government is afraid not for the country, but for itself and as our missile man has called 'we must unite' and get a 'Jan Lokpal'
Lucid and logical. Glad that this good piece of work has been published.
This is a fabolous article by Mr Divan. It points out the important issue of the lokpal bill. Bringing the office of the prime minister under the ombudsmen is very sensitive, though as the constituion did not provide any impunity to the prime minister, then I think that the PM should come under its scan range.In all the contradicting thing we must properly interperate the constituional words.I personally opine that the lokpal will not in anyway supersede the constitution.
The idea of keeping the PM out of the ambit of 'Strong Lokpal' means keeping him above the democracy and the constitution. What is wrong if the PM and other ministers are made liable and responsible for their conduct to the exchequer of India? All the reasons given by them held no ground, and, in fact, seem fictional. An ideal democracy works only when everyone is considered equal in front of law. The people of India has got a chance now to bring a change in and improve the current state of affairs. This can be seen in their eyes in the form of hope and enthusiasm and, in the statements and actions of our leaders in the form of fear.
Thanks to A. Divan for presenting a complex issue in such simple and straight farward.
Very well said!! I am impressed with your way of thinking in favor of strong lokpal.I think now there is no any doubt about constitutional harm. This article should be send to all draft committee members who are opposing to bring PM under lokpal bill. This artcle will be very appropriate answer.
Very lucid, factually correct, and devoid of any frivolities. this article should be read by every person who wishes to understand the Janlokpal bill issue in correct perspective. This article really separates the wheat from the unnecessary political, pseudo legal and intellectual chaff that the speakers on different media are dishing out to the common gullible aam aadmi.
It is hard to figure out whether corruption in India moves from down (the masses) to up(top executive) or vice versa. There is a saying that a leopard does not change it's spots. This reminds me of anti-coca cola activists who shout slogans/protest in front of coca-cola factories and then go home and chill out with a bottle of coca-cola. The top executive (some without even a basic high school education) have mastered the art of getting kickbacks placed directly in foreign banks. Lokpal will do little so say stop a nuclear power plant deal where an initial deposit of millions is made to a Swiss bank so the government then opens it's doors to let in the French, U.S. and Russians to build their white elephants and cancer causing power plants priced at billions into our country. under the pretext of clean and safe energy when in reality the deadly pollutants are invisible. Can we see the x-ray the machine puts out in the x-ray room? No! And how will we detect these foreign bank deposits?
I think this article logicaly clears most of the confusions created by vested interests. Thanks Anil. Very Good effort.
Insightful and honest. I hope all Indians read this. Kudos to Hindu for publishing this. What has Sibal to say to this?!
The issue has been raised many a times before also but before the people of India can deliberate about it, it has been nipped in the bud. We should be thankful to Hazare sahab for raising his voice to the utmost level of 20,000Hz. so that at least these wolves can listen to it. The sleeping souls of our youth has also awaken to fight for the cause.
Excellent article Sir. We need another such argument regarding the rest of the differences in the drafts.
Dear citizens
Now it is the time for fighting for the corruption as the corruption has gone up to the grass root level in india we needed the powerful institution to curbe the corruption in order to remove this corruption we needed such powerful institution. PM, whole and soul of the Parliamentarian should come under the lokpal bill. As in
the same time CBBI ACB are also should come under the lokpal because they are all under the parliament politicians they are using this CBI ACB ARE taken advantage bend downing whole system of the constitution.
the power of the parliment so it should be merged in the lokpal and also it should include state ministers CM and all the local bodies of the governmental and private institutions.
Then only we can remove the corruption. Slowly it will becomes the habit for the nation.
Excellent article. Solid and sound reasons thrown at those who have been against bringing the PM under Lokpal. If this article cannot convince them, then nothing else can be done with their adamency. If this article could be published in other newspapers more people will be enlightened.
A good and detailed analysis by Shri Anil Divan. Let all the people who are against corruption, join hands together and work for passing of Lokpal Bill.
Between some convincing arguments put forward by Ms.Jaya some days back and this superb article by Anil Divan to the contrary, i am now convinced that the PM should be brought under the ambit of the LokPal with provisions not to allow frivolous charges being made and processed by the Ombudsman. Otherwise, this article brings out forcefully a valid case for the inclusion of PM under LokPal. This, in fact, will be the implication, if the CBI and CVC are made to report to Lokpal as the Civil Society Draft envisages, and CBI has powers of investigating the PM even under the existing laws. I congratulate THE HINDU on the timely publication of this article, especially when some ex-judges like Verma and CMs like Ms.Jaya expressed reservations , which seemed to confuse certain sections of the people. Let us now all get together and build a consensus that we support the Jan Lokpal Draft in toto and support Annaji to the hilt, and create a Lokpal, to rid this country of corruption.
Though some of the facts above came as knowledge to me, the write up seems to have lost focus somwhere within itself. I did not see any enlightenment or enforcement. It happens to be mere extracts of a beautiful english dictionary without any clear intention expressed or motivation revealed. Sorry but did not appeal.
Truly said. Prime Minister is just the Chief Executive Officer of the Union Government i.e just the chief employee of the people of India and if the people of India are prone to any investigation against their misdeeds then why not their employees and specially the Prime Minister who is the most responsible for his cabinet. Saying that there will be a parallel government is a totally misleading tactic of Congress Party as Lokpal and their decisions can be easily challenged in High Courts or Supreme Court, and Lokpal is only for investigations and prosecutions(which can be challenged) not for policy making of the nation. The main reason behind this denial is that Courts give punishments or judgements only based on the facts and informations provided by the investigating agency, and the agencies are in control of the governemnt, so government's culprits goes unpunished. But if the investiagting agency gets independent,then correct facts and information will be put before the courts.
This article has thrown light on the mishandling of information that has led people against the truth. Anil has put forth an impeccable argument that envisions what an efficient claim to support the good cause of Lokpal must contain. Further, it spots all the flaws that congress and other parties cite to evade a mechanism that would uphold democracy and remove the cobwebs of ignorance casting shadows over and upon the course of legal possibilities to empower a noble cause. The citation of Krishna Iyer's judgement and bringing to light the history of Lokpal bill will enlighten the people who blindly follow the leaders actively misleading and betraying the people. The third reason to counter the argument supporting the immunity of the Prime Minister to Lokpal is also throwing light on why the current machinery can't relied upon for effective investigations.The article, when read gives hope and energy for people supporting a better machinery to counter, handle and eradicate the corruption.
The simplicity of the article gives it great strenght. Normal people like me never understand the parliamentary language embedded in a bill or an act. It is important for people who cant reach out to that high level be apprised with such simple but hard hitting articles.I thank 'The Hindu' for their exemplary choice and timing to publish the same. There maybe hundred's of revolutions to raise the people's spirits to achieve something great, but it takes a pen a few words to bring a change to your doorstep.
Uncountable thanks to Mr Anil Ji. In one word I want to make a comment about this article that is - Ineffable.This article ought to be translated in all the languages of India and printed in all the news papers. Thank you The Hindu for providing such a precious gift.
I support the views of Anil Divan ('Lokpal bill and the Prime Minister', The Hindu, July 1, 2011) and like to add to them. No one has questioned the need of a Lokpal. Hence, those, who are averse to inclusion of PM into the ambit of the bill on the ground of existence of Prevention of Corruption Act and the Central Bureau of Investigation, should explain why they do not mind an ombudsman for others. Will not the same Act and Bureau take care of all 'criminals'? A 'Prime Minister is not immune from criminal liability and can be investigated' was admitted long back. The dictator in Indira Gandhi, though "supported (then) by a captive and rump Parliament", was later investigated upon by the Shaw Commission. Then came the case of Prime Minister Narasimha Rao's bribe to JMM Members of Parliament, which at some stages of judicial procedure found all of them guilty, though all the guilty escaped at the Apex Court due to lack of effective laws. As Justice Krishna Iyer suggested none including the President of India needs to be exempted.
We have the history of many 'corrupt' members of our higher judiciary. We are right now reading the stories of Chairman, NHRC and the CVC. The issue of 'career prospects of CBI officers depending on political executive' to which Anil Divan refers to is applicable to members of IAS, higher judiciary and others, with the addition of 'post-retirement prospects'. Manmohan Singh half-heartedly tells that a Lokpal is 'essential and desirable, but not a panacea'. He continues to tell that 'he had no hesitation in bringing himself under it. However, many of his Cabinet colleagues were of the view that bringing the institution of the Prime Minister under Lokpal would create an element of instability'. So he finally says that he would 'work for a national consensus'. The consensus is sure to evade. Some of his colleagues hope to live as PM at least for a short spell. They may try to revive the old Constitution (Fortieth Amendment) Bill. Truly many people have lost faith in the proposed Bill. If at all a bill is drafted and passed by the House, how far it would be effective is clear from the words of our leaders. In fact it looks as a higher priority should go for an exhaustive set of electoral reforms, which should necessarily include provisions for a '50%+ minimum support for winning candidates', 'recall of elected representatives' and a 'none of the above column in EVMs'. This will empower the voters and check corruption more than the Lokpal Bill itself.
Thanks to legal expert Anil Divan for clearing mist through Hindu that PM under Ombudsman (Lokpal) will not be against basic structures of the Indian Cons.! He has quoted views of ex-justice V K Krishna Iyer that to probe into malpractices by high-ups independent investigative agency must be set up as way back as back in 1979. Quoting instances of various countries, writer has said that basic structures of Cons. does not give any immunity to PM from his misdeeds-Pm is still under perview of anti-corruption laws than why not under Lok Pal bill! There is instance that PM in office Narsimha Rao had faced corruption charges in the court and he appeared before the court to submit his points and simultaneously ran govt. No harm in putting PM under Lok Pal Bill, which would ultimately give signal top is under net and one should beware of corrupt practices. All govt, public servants and judges must be put under lokpal to eliminate graft.But dictum of so called civil society must end.
Dear Editor of Hindu. May I request that you publicize this well written informative article in all your sister publications ?. The public have to be informed. They must be informed. There is a great need for letting the people of this country know what is going on in their country. India seems to be held in a envelope grip of corrupt politicians who think India belongs to them and it is their birthright to rule with total immunity. A big thank you and to Mr Anil Divan.
Best article I have read on Lokpal issue. Based on facts and true political picture. Good on the Anil Divan.
This article provides with a brilliant analysis and evaluation of arguments and counter-arguments of bringing PM under the ambit of the envisioned institution of lokpal. Coruption is a social evil. Any autority having an element of discretion, in the exercising of his authority, is liable to be corrupt. Thus, there has to be a web of checks and balances to ensure that the authorities are free from arbitrariness as well as undue influence. The Lokpal may be an effective bulwark against the deluge of capriciousness of executive action and decision. But, limiting its role to a few areas will not only defeat its purpose but will frustrate the people who are expecting a resolute action from the government so as to tackle the menace of corruption.
First of all Congratulations sir! for this brilliant article.But I differ on various points that are as - 1.The objective of the 'Lokpal-debates' should not be centered on Prime minister only as there are also many aspects to discuss that are much more important. 2. If you are discussing then you should very well understand that if PM is under Lokpal while he is in tenure then there will be bogus traps targeted upon him everyday (generally most of which will be nothing but political fiction of opposition parties or overactive imaginations of media)and PM will end up in doing nothing but justifying and proving himself innocent and that even at the cost of prime national duties.
A very informative article.Giving details of how much we are paralyzed when it comes to taking action against the perpetrators.Lets hope for a more inviolable India with the Lokpal Bill.
Corruption travels from top, therefore for a healthy nation, it is absolutely necessary that PM , like Ceaser's wife, should be above suspicion, a corrupt PM and stupid PM will make entire nation corrupt, as such PM should be brought under ambit of Lok Pal to ensure proper functioning of the nation.
Excellent article. The objections on the grounds of 'derailing democracy', 'parallel government', etc. don't hold water any longer. Wish that the author could be part of Anna team!
We must have a strong Lokpal who can act as the saviour of the people and keep the rampaging divide-and-rule instincts of the political class under check. The problem worse confounded in India is the Congress belief that it has the inherent right to rule, especially of the first family of the Nehrus. This leads to depredation of our august institutions and the proverbial supping with the devil when it concerns checking the activities of Pakistan or China. Mindset of politicians is not expected to change; only a tough law like Lokpal can help. Already India is without Indians thanks to quota syndrome where the government treats its citizens as of this caste or that giving rising to unscrupulously deviant behavior. If semblance of morality has to be revived a tough no-nonsense Lokpal is a must.
As Walter Lippmann envisaged, Public Opinion is the key to Good Governance. The very flow of response to the responsible analysis of a knotty issue by Mr.Anil Diwan mirrors the same. This said, I do worry about the Prime Minister's post and power being hijacked, the way Ms.Jayalalithaa had articulated.
Anil ji has clearly explained the need of a Jan Lokpal including the PM under it... a thorough article mentioning the need of a strong Lokpal... I wonder why these realities are not shown on TV by any News Channel, why are they busy showcasing government's ineterets... they show that Baba Ramdev's trusts' finances shud be reviewed, they never showed the victims of the $th June night at Ram Lila Maidan... This clearly shows that the media is biased. Thanks Anil ji for this great article , I hope it creates a lot of awareness.
It is suggested that the Lokpal bill would not constitute as a parallel government just as judiciary or CBI or any other investigate agencies. But, is not worth noting that these too have become corrupt and that is the main reason we are looking for something else above all these. As a nation we have all facility to counteract the corruption and it is these facilities which have become corrupted. Introducing the Lokpal would just add one more to the list. Would anyone promise on the fact that the new committee will constitute people who is not corrupt and will not become corrupted? Until as citizen we make sure that we do the work given to us and make sure the others follow, there is no need for these high end dramas. We are spending a lot of energy and time on Lokpal instead if we spend the same time and energy on the educating the people on not to bribe, I think it is a time better spent. Let it be mass movement.
The article by Mr. Divan is a complete one.Thanks Mr. Divan.
PM has not only failed, miserably, to prevent such major scams as 2G, CWG, black money, etc etc that have taken place, but even does not appear to have regretted the happenings. He still maintains that the corruption is the propaganda by media and opposition. He even goes to the extent of putting the blame on CAG, INSTEAD of admiring the CAG for bringing out such major swindlings by his ministers. Under these circumstances, it has now become a necessity to bring PM also under the scrutiny of Lokpal.
It is parallel Govt. If the higher judiciary is subjected to enquiry, only that particular judiciary will be placed before investigation. If the CBI officer is placed before investigation (LOKPAL) that particular person will be subjected to investigation. If the Head of the Nation, PM is subjected to enquiry the entire country will be non functional. As long as all MPs are under the scanner of LOKPAL there is no need for PM to undergo harassment in the name of enquiry/investigation. He has to do a lot for country other than this kind of harassment.
Anil Divan has forcefully argued the case against the attempts of powerful political interests to prevent bringing the Prime Minister under the ambit of Lokpal and making him or her subject to its scrutiny. Mr.Divan's article provides the Lokpal activists potent ammunition to fight for their cause.
Thanks for the enlightening analysis of the controversial issue. It was brief, yet comprehensive. It cleared ambiguity on several points: firstly whether Lokpal really has the power to form a parallel government, secondly whether CBI and the prevention of corruption act are enough to investigate prime minister, and thirdly why it is necessary to bring prime minister under the ambit of Lokpal. After what happened in India during the dictatorial rule of Indira Gandhi during emergency, no one can deny the necessity of bringing prime minister under Lokpal.
Great Article sir - I agree with you that its high time that the politicians need to change character and policies a like. I believe that 'End of Tolerance is the Beginning of Revolution' ... Public revolution has already started by Anna - it will be a success sooner the better..
The argument and conclusions are crystal clear ! It is mandatory that the prime-minister should set an example by subjjecting himself to scrutiny by the Lokpal if this nascent venture is to bear fruit and end corruption. Only then will he be able to absolve himself of the allegations of a 'conspiracy of silence' which has proved very ineffective in protecting erring ministers and MPs from the long arms of the law ! If he does not submit himself to the lokpal and if the anti-corruption wing of the CBI is not given sufficient powers to act against the high and mighty without fear or favour lokpal will remain a toothless tiger !
I do not agree. Covering the office of PM under the proposed Lokpal could lead to politicization of the Lokpal mechanism. Anil Diwan has cited many instances from other countries where PMs were prosecuted for alleged acts of corruption.Ok, but under which mechanism? Were they covered under the Ombudsman? Diwan has not clarified this. Furthermore, considering the political realities in India, the inclusion of PM under Lokpal is a sure recipe for destabilization of a popularly elected government. When a minister resigns, the Government doesn't fall, but when the PM resigns, this makes the entire cabinet to go. We must take this vital difference into account.In today's scenario, mere initiation of investigation, by the the proposed Lokpal, of any allegations against the PM would destabilize the government. Can we afford this?
Excellent piece hitting all the nails bang on. I only think that if all our institutions and officers were courageous enough to exercise the immense powers that the Constitution of India vests in them, we would not feel the need for a Lokpal. We need less laws not more, but more enforcement not less.
Kindly send the article to Mr.Kapil Sibal and Mr.Manish Tiwari. Can they rebut the reasons put forth in the article? Thanks Mr.Divan.
Thanks to the writer and The HINDU for this detailed, no-fluff and incisive analysis of the problems. This is an immense contribution to the public domain of discussion. You have put the matter in a form and language that a layperson like myself can understand.
Excellent article. Let us pitch in for an effective lokpal. The PM at least opened his mouth to say that he has no problems with being in a lokpal. I do not know when he will have the courage to implement this viewpoint, or will he like to make the office for Rahul easier as other sycophants?
The article is excellent. I also like to point out the judgment of the Supreme Court rendered by Justice.V.R.Krishna Iyer , "Protest fasting, a versatile weapon in our cultural armory, is meant to sensitize or conscientize the soul of the Administration when it is too paper-logged or callous to look at human problems from the angle of human justice. Beyond that, this great Gandhian technique cannot be blunted by promiscuous use, so long as democratic mechanisms are alive and not impervious to legitimate grievances and can be sparked into action not merely by sensational, though sincere, tactics like fasting unto death." [Jagdish Saran and Others Versus Union of India and Others. AIR 1908 SC 820.]
It is fact of life that the basic ingredient to run the machinery of any government is corruption and this stark reality is all known for a long time now. Weather it is NDA or the BJP lead governments all of them pose to to be clean but each one is 'Holier than thou'.We as Indians must not allow the Govt to hijack this bill.
I have a simple solution to this logjam between Government and Civil Society - The PM and even the President should be subject to supervision by Lokapal as long as they are not from the Gandhi-Nehru family or alternatively Lokpal shoudl have been an obedient servant of the Gandhi0Nehru family for atleast a period of 5 years prior to his appointment to the office - he should loose his position on determination of lack of faithfulness by any member of the Great family. This is the only way to gain support for the Lokpal Bill from people like Sibal and Digvijay.
The very fact that PM was included in the 2010 draft of the Lokpal bill proposed by the same government exposes the confusion and lack of coherence in the government as it opposes the same proposal in 2011. It is pretty clear the government has lost its ability to feel the pulse of the society. Thank you Anil for a very good and informative article.
Lokpal is not the same institute as the other institutes referred to by the writer. It is to investigate on matters of corruption either suo moto or on a complaint. If anyone is allowed to complaint against the Prime Minister and the matters investigated then it is either too naive or too idiotic to think that the PM can function effectively. And this would also mean in principle that every chief minister should also be brought under Lokayukt. If this happens then may god bless this country.
Nice article. Thanks to Hindu for publishing this.
This article should be published in all major news papers and not only in english...[should be published] in all regional languages then only common people will understand the bogus draft of govt.
We are grateful to Mr. Anil Divan for putting forth a clear and logical analysis for the lay people to understand the issues clearly. The author has rightly pointed out the fallacious argument of some to prevent PM from being investigated by the proposed Lok Pal bill. Why should a person occupying the high office of Prime Minster be anxious if he is clean and beyond the pale of corruption? Indians who have witnessed Bofor scandal and JMM MPs purchase involving premiers have no faith at all in the sanctity of the post. Only extremely gullible will buy any of the silly arguments of the Prime minister being a holy cow. It is amusing to see Ms. Jayalalithaa throwing her support for exempting PM from Ombudsman when she herself is facing court on corruption charges. Her views on the issue will be taken with pinch of salt.
Excellent article sir...
Awesome info and rebuttal to Kapil Sibal
Thankful to Mr Anil Divan for such an incisive article and to 'The Hindu' for publishing it .Will it be read by the 'Powers that be' in the right spirit?
Excellent gist of whole debate.. Should open eyes of Congressmen opposing this...
This excellent article debunks wholesale the weak arguments put forward by the Congress netas who argue against a Lok Pal or want a lame duck LokPal. It seems the Congress party and also the various other political parties have a vested interest in corruption. They are keen to ensure that their immunity from the law and prosecution is well maintained. - One of the reasons that Indian politics have attracted so many people with criminal background is due to perception that the way to quick, fabulous riches is via entering politics, raise any noisy issue possible and get into a bargaining situation with the party that wants to desperately to remain in power. Consequently, good, capable and honest men shied away from entering the political arena as they prefer not to compete with the push and shove of the street hooligan who wants to be a MP, MLA etc. The country is the biggest loser due to this situation.
Anil Divan: Please accept congratulations on the timely article, The Hindu has done a great service at a critical time.Will the Ministers who are represnting Government on LOKPAL Bill drafting body read and assimilate this article.I specifically request Kabil Sibal, Chidambaram, Veerappa Moily to read. Elected representaives are answerable to Constitution and Law of the country.In countries like USA have a provision to withdraw the elected represntatives by withdrawal votes.In India unfortunately even after 64 years we have not developed good parliamentary practices, conventions and procedures. Congress party has ruled the country for more than 50 years and their leadership has created a parallel power of influence and virtually run the central government with out any norms and over a period diluted the constitutional principles. Now the counry has got a puppet PM,Figure head President and ineffective checks on the Executive.Whatever reforms we do must rectify this situation.
I think this is the best article ever on the subject of Lokpal and corruption. Anil Divan deserves kudos and equally 'The Hindu' deserves to be appreciated for publishing this. News papers/medias which do not have the concept and conviction expressed by the authors normally do not publish those articles. This clearly shows the policy line that is being adopted by 'The Hindu'. Perhaps , since the policy of such media is not in concurrence with that of the Government/its senior Ministers, editors of Hindu and some other high circulation newspapers were not invited for the meeting with the PM.
A forthright support for the Lokpal which is a long time coming in the midst of the dust and cloud created by the vested interests in the government, business and some in the media to obfuscate the real issue and distract the attention of the public away from the beacon call of the crusader Anna Hazare.
Anil Divan's article is most timely. It clarifies so many of the legal issues of which most of the public are not aware of. In the light of the above article it is nothing but deception by the politicians to say that the Prime Minister is not to be covered by Lokpal, because he is covered by Prevention of Corruption Act. It is also deception to say the Lokpal would be a superpower and dictator beyond the reach of all, when there can be instituted constitutional checks and balances as in the case of other constitutional authorities like the President, the Prime Minister and the judiciary etc. Given the choice, no politician will willingly accept any measure that they feel would be a threat to their unlawful acts. Hence if the public comes forward forcefully, with the threat that the politicians' future would be at stake in the next election, would the politicians come around. If the Parliament fails public have to force it to do its duty.
It is really a wonderful and informative article. This Article is strong slap on the face of the corrupted politicians and ministers who do wrong arguments and mislead the country for their vested interests.
This is well-thought out piece of arguments in support of extending the office of prime minister under the ambit of Lokpal bill. Anil Diwan makes an excellent point in support of it. As well, his arguments refuting some of the opposition is well thought-out. Listening to the prime minister Manmohan Singh recently, even he is not opposed to it. It may be some of his colleagues, who are looking beyond the present environment and are not in favour. There needs to be a debate just on this point. We also need both legal opinions as well as political opinions. Decision should not be made based on hype as some members of the civil society seems to suggest. All in all, it's good for the country. A good start. No one should think that just getting a strong Lokpal will eliminate corruption. But at least, it will make every attempt to arrest it as far as possible. As time goes along, it can be improved with experience. Let's not delay it. Sooner the better.
JAYANT
I really appreciate your article. But you must admit PM in the lokpal ambit is not the most critical component of the demands by the Jan lokpal bill (JLPB). Independent investigative agency under Supreme Court, no conflict of interest are the no brainers. However, no politician on the panel, protection to whistle blowers and financial incentive to identify a corrupt official or politicians are the required and essential teeth to this bill. Govt versions comes after plaintiff for upto 2 years of punishment and this will deter almost most common people from taking the benefits of this new law. We need another article discussing the difference of the two in much more detail and the implications of the government bill, which will just produce another govt entity that will be misused by the political party in power.
Please print this article in all newspaper in India. Let everyone know the real truth, and not be influenced by Congress propoganda and mis information campaign. Thank you Mr Anil Divan. Why have been you so silent. Why have you not published this article before. Please give as much publicity to this article as possible.
Wonderful article, based on facts and sense. Thanks to 'The Hindu' for publishing this.
Very well written indeed. Thank you Sir for pointing out all the reasons for having a strong Lokpal. All the explanations for the PM having immunity from the Lokpal are hollow at best. Only accountability at the highest levels will ensure that the rank and file behave responsibly. There is no dearth of commissions, agencies, panels, rules etc. to deal with corruption, but with messy documentation and sometimes questionable motives, every investigation is scuttled in our country, we have to begin by holding the highest office bearers responsible. Only that will prompt them to demand accountability from their subordinates. The higher the office the bigger the risks and liabilities, just unfettered powers without the tight leash of accountability leads to dictatorship.
To date, a very concise and good article on this subject. I have seen a loads of comments, accusing the opposition and other elements with all sorts of proverbs, etc just with no logical reason, which made me lose interest in sharing my ideas whatsoever. But this article is excellent. In my perspective, the investigated cannot control the investigator. The job of the politicians stops at the level of making policies, which, if likely to cause harm to the nation and are made to benefit the political and/or economic interests of the 'policymakers', should be invalidated by the judiciary and/or the public should have an opportunity to accept/or reject the policies. Presidents in US had faced trials for misusing/using their power at the cost of their nation. However, that is a utopian dream in India.
Anil Diwan's eloquent and comprehensive response to the delaying and diversionary tactics is impressive. It is high time that all the citizens, high and low, whatever their political, religious and regional affiliations might be, to raise their voices and fists to stop this charade and wipe this horrendous blot on India.
BRILLIANT ARTICLE. Thank you for coming forward to build a better India for everyone! Please continue with your watch while the fog of mis-information persists.
Model the Lokpal similar to the Election Commission with all encompassing investigative powers. If the crime is committed, the case may be taken to the Supreme Court or High Court for conviction and punishment. Laws may be changed so as to mandate the SC/HC to dispose the case in say one year so that the cases are not prolonged. If the Lokpal comes up with a case against the SC or HC authorities or the PM, the case could be taken to the parliament for conviction. If the parliament is not willing, for some reason, to punish the accused, it could be taken to the President. If there is no action from the President, it can be empowered to seek the referendum of the people of India. There are a lot of ways to take care of the constitutional conflicts that these wretched creatures are lamenting about.
The author tries to quote multiple facts and references and deduce the point that the PM should be brought under the purview of the lokpal.Entire issue of handling corruption has now been turned into a debate around this point. In my opinion this is more of symbolic in value and does not to a great extent alter the contours of the lokpal bill. We have so far had PMs who have had good track record on demonstrating integrity while holding office as PM. Even if there were one or two instances (Ex:Lakhubhai Pathak case) it could be handled in multiple ways. Instead of debating all other important issues such as bringing Cabinet Ministers, State ministers and govt officers under lokpal, the media has overblown this issue and has made it appear as if Lokpal's only intention is to scrutinize Prime Ministers. Instead of discussing this one point, there has to be more focussed discussion on appointment of Lokpals and the degree of autonomy. Request Hindu to publish op-eds on other facets.
No mincing of words!! This is the most candid and appropriate response to those vested interests who are making all efforts at their disposal to scuttle the noble efforts to establish independent Lokpal. Kudos to Mi.Divan!!
Is there any way this article could be published in all vernacular media so that it reaches the mass? Hope the selfish and unpatriotic politicians read this!!
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