Hazare’s fight is for creating a strong Lokpal. The First Administrative Reforms Commission in 1966 suggested the creation of ombudsmen—the Lokpal at the Centre and Lok Ayuktas at the state level—to examine complaints against public officials, including elected representatives. Many states have set up Lok Ayuktas. Since ’68, various governments have introduced the Lokpal Bill eight times. But it’s never been passed. “No government, irrespective of party, has been serious,” says Subash Kashyap, an expert on the Constitution. “They introduce the Bill with no intention of passing it.”
An alternative version—the Jan Lokpal Bill—has been drafted by Justice N Santhosh Hegde, SC advocate Prashant Bhushan and activist Arvind Kejriwal. “In January 2011, we accessed a government proposal to create a Lokpal,” says Kejriwal. But the proposal was for a weak Lokpal. Hazare’s protest began after Prime Minister Manmohan Singh turned down his request for the civil society jointly drafting the Lokpal Bill.
Deaf To Reason
The influence of civil society in drafting Bills is not new. The National Advisory Council (NAC) headed by UPA Chairperson Sonia Gandhi has been an interface between civil society and the government. And it has its stamp on many landmark legislations like the National Rural Employment Guarantee Act, and others in the anvil, such as the Food Security Bill. If not for Gandhi, it is doubtful the government would have given it much importance. Of late, however, the NAC seems to be heard with disdain. That apart, on the corruption front, the political class and bureaucracy appear reluctant to change. In the wake of the 2G scam, Gandhi asked Congress Union Ministers and Chief Ministers to give up discretionary powers. But media reports suggest the Group of Ministers (GoM) on corruption wants the continuation of these powers. The same GoM is examining ‘the proposal of a Lokpal Bill’.
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Clearly, a strong Lokpal can largely fill the loopholes in the system.
Short Of The Mark
“The government’s proposal does not go far enough,” says Harsh Mander, NAC member. “It’s toothless,” says Prashant Bhushan. The Lokpal, as stipulated by the government proposal, will have merely an advisory role. For instance, if a citizen has a complaint of corruption against a Member of Parliament, she’ll have to send her complaint to either the Speaker or the Rajya Sabha Chairperson (depending on which House the MP is from). This may or may not be forwarded to the Lokpal. Once the Lokpal receives the complaint, it will probe the charges and submit a report to the ‘competent’ authority, which will have the final say. If it’s a minister, the Prime Minister will be the competent authority. So, the Lokpal can’t receive any complaint directly, take any suo moto action or register any FIR.
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Coming back to the government proposal, Kejriwal says it’s silent on who will file the chargesheet in the court or initiate prosecution. He points out that the CBI’s role is not clear. If the CBI loses its powers to investigate politicians, then it could completely insulate politicians from any probe whatsoever, he says. Also, the Lokpal has no jurisdiction over officials as that is the CVC’s domain. So, would the Lokpal and the CVC then separately probe the neta and babu on the same corruption case? What the outcome would be, is anyone’s guess.
Too Soft Or Too Hard?
The Jan Lokpal Bill, on the other hand, gives the ombudsman enormous powers. It can entertain complaints directly from the public, prosecute, initiate probes suo moto and needs no reference or permission from anyone. The ‘Jan’ seeks to convert the Lokpal into a single independent body against corruption. The CVC and the entire government vigilance machinery will be merged into the Lokpal, and so will the CBI’s anti-corruption wing. The government proposal gives a time limit of six months to one year to enquire into a corruption case, but there’s no time limit for completing a trial. The civil bill mandates completing a trial in a year.
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Mander feels the alternative version is draconian. “There’s a need for a strong Lokpal, not a dictatorial one,” says NC Saxena, another NAC member.
Bringing the judiciary under the ambit of the Lokpal could violate the doctrine of judicial independence. True, not everything is well with the judiciary, but perhaps the way out could be through the Judicial Standards and Accountability Bill 2010. The Bill, under parliamentary scanner, provides for higher judicial standards, accountability and mechanisms for investigating complaints against judges and even their removal. Perhaps making the provisions stronger may be a better idea.
Another touchy issue is bringing the PM completely under the Lokpal’s ambit. The National Commission to Review the Working of the Constitution (2002) was against it. The Second Administrative Reforms Commission concurred: “Any enquiry into a PM’s official conduct by any authority other than the Parliament will severely undermine the PM’s capacity to lead the government.” The government seeks to include the PM under the bill, except on matters of national security, public order, national defence and foreign relations. “This may not allow probing of a Bofors-like case,” says Kejriwal. However, Hazare was pragmatic in his April 6 letter to the PM, : “We are not saying that you should accept the Bill drafted by us. But kindly create a credible platform for discussions.” The 10-member joint draft panel formed on April 9 may sort out contentious points by June 30.
Unflinching Hope
Transparency International ranks India at 87, among the most corrupt countries. But that can change. The most quoted example is of how Hong Kong turned around from a high level of corruption after the formation of the Independent Commission Against Corruption (ICAC) in 1974: with swift convicion of erring officers. A strong Lokpal can do more. Still, it’s just a start. Fighting corruption means getting at the root through real electoral reforms, among other things.
Manmohan Singh is known as incorruptible. But his legacy will depend on what he does to cleanse the system. The people are watching.
