Parliament may not pass Lokpal Bill
By Harihar Swarup
One wonders if the Lokpal Bill, introduced in Lok Sabha on Thursday, will be passed in winter session of Parliament? Regrettably, the measure has taken a political turn before and after the introduction. The political parties are out to exploit the legislation to meet their political ends, in the coming elections in the five states including the key state of Uttar Pradesh. In the process, the Congress managed to achieve three objectives; managed to woo the minority community, implying Muslims, on the eve of poll in five states; sent out a strong signal to Anna Hazare that, barring the BJP, no party fully supports his extra-constitutional methods; and isolated the BJP after the party vehemently objected to quota for minority as “unconstitutional”.
The original bill, circulated to the members in the morning of Wednesday did not stipulate reservation for the minority, triggering off vociferous protests from several leaders including RJD chief Lalu Prasad Yadav, Samajwadi Party leader, Mulayam Singh Yadav, MIM member Saduddin Owaisi and few Congress members. This led to two adjournments and compelled the government to bring a corrigendum to the bill incorporating the word “minority”. The CPI, CPI-M, the BSP and JD(U), an ally of the BJP backed reservation for Muslims in the Lokpal Bill.
The provision for minority community was dropped on Wednesday night after a BJP delegation led by L K Advani told the leader of the house, Pranab Mukherjee, that the provision could encounter legal problems because the Constitution does not provide quota on the basis of religion.
In a bid to woo Muslims, the government decided to include minority on the plea made by corporate affairs minister, Veerappa Moily that “Minority” refers to a class and not religion. It is, therefore, not unconstitutional.
As parliament rose for the traditional Christmas break, it seemed that the government’s efforts to beat team Anna’s deadline for passage of the Lokpal bill was doomed to fail. It was Lalu Prasad, who summed up the mood in his inimitable style with a warning to the government not to blow to pressure from the street and rush such an important piece of legislation in a huff.
Although Parliament is scheduled to debate the bill clause by clause over three days next week, most political leaders concede privately that it is unlikely to be passed during that period as the government had wanted. There are too many differences to be resolved. And, more importantly, most MPs are vehemently opposed to an anti- corruption body with unprecedented powers over the political and bureaucratic establishment. Speaking, as if for many fellow MPs, Lalu Prasad proclaimed “you are giving powers by which everybody’s throat will be cut”.
A senior opposition leader compared the Lokpal Bill to the ill-fated Women Reservation Bill. A senior BJP leader sought to compare the Lokpal bill with the ill-fated Women Reservation legislation which has been pending parliamentary approval for last 15 years. “Parties will push the Lokpal Bill for passage but individual MPs will try to stop it”. he said.
BJP leaders privately admit that they have serious reservations, both about Anna’s Jan Lokpal bill as well as his methods which are tantamount to blackmailing the political establishment. But government’s confused draft bill, which has been roundly criticized by all, has come handy. It is a convenient stick with which to beat the Congress.
The key provisions of the bill introduced in the Lok Sabha relates to selection of nine-member Lokpal. Section 4 of the bill provides for a five-member selection committee to choose the chairman and eight members.
The separation of power to enquire, investigate, and prosecute set out in the bill is worse than the scheme contained in the earlier Lokpal bill.
The bill, as introduced in Parliament, has incorporated, at least, 70 per cent of the demands of the opposition and team Anna, notably inclusion of the Prime Minister coming under purview of Lokpal with necessary caveat. The main points over which there was deadlock, relate to CBI. The government, in its bill, has suggested the Lokpal to have a supervisory role over CBI in cases pertaining to corruption. Also to underline the demand for autonomy of the investigating body, the CBI Director would be selected not directly by the government of the day, as it is done now, but by a panel that is composed of the Prime Minister, leader of the opposition, the chief justice of India or his nominee.
This does bring out the CBI emphatically out of government loop without diluting is investigative powers. If Anna’s efforts have brought the Lokpal to this stage, it would be unfortunate if his movement takes a political turns, seen to be aligning with the BJP and campaigning against the Congress in the coming elections to five state assemblies. At stake is not who won and who lost. The stake is much higher and it is whether a powerful and purpose anti-corruption has been enacted or not. (IPA Service)