DEAD END AHEAD RIGIDITY, INSANE DEMANDS HITS LOKPAL BILL

    Firoz.T.Totanawala

The Bangalore Metro Reporter

1st July 2011 issue-

                            

                                             DEAD END AHEAD

                  RIGIDITY, INSANE DEMANDS HITS LOKPAL BILL

The fierce fight between the Government and Anna Hazare group is becoming a serious threat to the Lokpal Bill itself. The Hazare group is lashing out at the Government nominees charging them with scuttling the draft committee and the draft itself. The Government on its part is charging the Hazare group with arm twisting, blackmail etc. Apparently, there is no meeting point between the Government and the Hazare group.

The current blockage for Lokpal bill is the issue of Prime Minister and Judiciary coming under the ambit of Lokpal. While the Government nominees want the PM to be left out, Hazare group is particular about the inclusion of the PM in the Lokpal domain. In a way though, both groups have valid arguments in this regard.

The PM represents 120 crore Indians in the International community of Nations and is treated as the representative of the country and not as a political leader. There are many international treaties, defense treaties and other decisions that have to be inked by the PM.

Therefore, in case the PM is included in the Lokpal and some unscrupulous elements submit some cooked up charges against the PM in the Lokpal which then starts the probe, the PM will be under the cloud. It would take the Lokpal at least six months to probe and clear the PM of the same. Thus, at least for full six months, the PM will be handicapped by the Lokpal enquiry with his image tainted for the rest of the world. The Hazare group has no alternative to such situation as yet and they still want PM to be under Lokpal, which indeed is absurd.

It is required that some understanding prevails in this regard. Nobody opposes the PM in Lokpal and even the PM himself is in favour. But, there should be some insulation to the PM post. For example the charges against the PM should be heard by the Lokpals to detect a prima facie and only after the prima facie is established, the Lokpal start the probe by issuing notices to the PM. Further, in such cases, the probe should be completed in a shortest possible time and the Lokpal should also levy heavy penalty against those who file mischievous and false complaints against the PM. One should understand that PM is not an individual but the symbol of the country.

On the contrary, who gave the Hazare group, the right in first place to represent the Indian civil society is a pending question? In contrast, the Government is elected by the people and has a legitimate right to represent the people. Besides, there is the parliament which enacts the laws of the land. Its members are also directly elected by the people and even the Government is responsible to the parliament. Even if the Lokpal drafting committee prepares the draft, it is still the parliament that has to pass it before it becomes the law.

Hundreds of bills introduced by the Government in the parliament have undergone changes, modification and even withdrawals after the MPs discuss the same in minute details. This is not a new phenomenon but, is going on since the parliament came into existence and nobody can dictate terms to the parliament. Most importantly the Lokpal drafting committee should also have representatives from various sections of the society including the opposition to make it truly representative. But the present drafting committee has no representation from the opposition and other important segments.

Whatsoever, the Hazare group wants the Lokpal Bill to be ready by month end and the parliament to pass it before 15^th of August which is highly unrealistic. Even though the Government is committed for placing the Bill in the monsoon session beginning this July, no body can guarantee its passage before 15^th August. The Bill has to be discussed and debated threadbare in the parliament. If the parliament decides, it can refer the Bill to the standing committee for further vetting. There can be amendments/ modifications suggested by MPs which may be accepted and incorporated by the Government. Only then the Bill can be passed and sent for the President’ assent. Again, there are also chances of the President sending the Bill back for reconsideration to the Government. By any stretch of imagination, one can not fix any deadline.

As on now, both Government and Hazare group have prepared their own drafts and the cabinet has to take a decision in this regard. Already the Hazare group is spewing venom on the Government. They are on confrontationist mood and this will definitely damage the Lokpal Bill itself. Presently, the Lokpal bill is under severe threat, unless wiser sense prevails upon both the sides.