Since last few months the mainstream media has been flooded with reports and news items about the famous (or infamous?) Lokpal controversy. Many people have many views and they have been discussed in detail in media.There are two viewpoints ,one of the Civil Society,now known as Team Anna in media, and Government or politicians view.Let see each of them one by one.
Civil Society View
Most of them are excellent points and can really bring some amount of accountability into the public functionary.But I have reservations about point number 5 and 7.
According to point 5 Lokpal alone will be investigator, prosecutor and can also convict a accused.Now this completely belies any logic. A single agency can convict or prosecute . In my opinion the Lokpal must investigate and like current practice should file a charge sheet in court.This is most democratic way and the best way to maintain justice. Courts must be the only authority to convict and prosecute a accused.Giving Lokpal these power will set a parallel institution outside the ambit of constitution.This could lead to misuse of power even at the Lokpal office.What type of misuse? Well let your imaginations run!!
Point 7 talks about what crimes comes under the ambit of Lokpal.According to civil society draft any cases of corruption brought to notice from any source should be investigated. While it looks right on a first glance there are graver implications.Anyone can stop any initiative,tenders, defense tenders etc. Any person with malicious intent can hold up any work or project just by complaining to the Lokpal.For example, any defense contract can be withheld by merely complaining to the Lokpal and that can put country's strategic security in jeopardy.This provision could also kill the creativity and innovation in public works as many would fear that stepping out of prescribed procedure could bring him under investigation.While I agree that point 7 can not be done away with but it should be with proper safeguards and protocols.
The Government View
If one goes through the draft minutely then it can be seen the government draft clearly protects the high and mighty from clutches of Lokpal. After all as per our most esteemed Pm said last week "If we go after our politicians like this we might make India a police state!!!!". Politicians must be protected after all.
After June 20 when the draft committee negotiations fell through due to differences between Civil Society and Government committee, the government has been completely non-committal on the Lokpal bill. They even gave indications that while the bill may be introduced but not passed in the parliament.
We may see a weak Lokpal bill being passed in the monsoon session of the parliament.This would virtually ensure a Government win. But for a bill that has been rejected by Parliament for 42 years getting passed is its self an achievement!!!!
Well Winston Churchill once said "If we leave India, It would be ruled by goons !". Sadly after 60 yrs of independence we are moving towards that path.
Civil Society View
- The Lokpal institution should be powerful ombudsmen against corruption.
- All Indian citizen should come under purview of Lokpal institution including PM and high judiciary.
- The Lokpal will be financially, administratively and functionally independent from the government. Thus making it free from Government interference.
- There should be a committee to choose the Lokpal. The committee will consist of PM,opposition leader,Supreme court judges etc.
- The Lokpal should be able to investigate, prosecute and also convict a person found guilty.
- To attach or confiscate property made form ill gotten wealth.
- To initiate Sou Moto appropriate action under the Act on receipt of any information from any source about any corruption.
- For the purposes of investigation of offenses related to acts of corruption, the appropriate Bench of the Lokpal shall be deemed to be designated authority to approve interception and monitoring of messages of data or voice transmitted through telephones, internet or any other medium as covered under the Indian Telegraph Act read with Information and Technology Act 2000 and as per rules and regulations made under the Indian Telegraph Act 1885.
- The CAG will be empowered to conduct an annual financial and performance audit of the Lokpal.
Most of them are excellent points and can really bring some amount of accountability into the public functionary.But I have reservations about point number 5 and 7.
According to point 5 Lokpal alone will be investigator, prosecutor and can also convict a accused.Now this completely belies any logic. A single agency can convict or prosecute . In my opinion the Lokpal must investigate and like current practice should file a charge sheet in court.This is most democratic way and the best way to maintain justice. Courts must be the only authority to convict and prosecute a accused.Giving Lokpal these power will set a parallel institution outside the ambit of constitution.This could lead to misuse of power even at the Lokpal office.What type of misuse? Well let your imaginations run!!
Point 7 talks about what crimes comes under the ambit of Lokpal.According to civil society draft any cases of corruption brought to notice from any source should be investigated. While it looks right on a first glance there are graver implications.Anyone can stop any initiative,tenders, defense tenders etc. Any person with malicious intent can hold up any work or project just by complaining to the Lokpal.For example, any defense contract can be withheld by merely complaining to the Lokpal and that can put country's strategic security in jeopardy.This provision could also kill the creativity and innovation in public works as many would fear that stepping out of prescribed procedure could bring him under investigation.While I agree that point 7 can not be done away with but it should be with proper safeguards and protocols.
The Government View
- The committee to choose the Lokpal will comprise only of politicians,bureaucrats and judges.Obviously the number of politician on the committee will be much more.
- The Prime Minister and higher judiciary shall be exempted from Lokpal.
- The Lokpal should not inquire into any action related to MPs and others members of parliament which has been taken inside a parliament.
If one goes through the draft minutely then it can be seen the government draft clearly protects the high and mighty from clutches of Lokpal. After all as per our most esteemed Pm said last week "If we go after our politicians like this we might make India a police state!!!!". Politicians must be protected after all.
After June 20 when the draft committee negotiations fell through due to differences between Civil Society and Government committee, the government has been completely non-committal on the Lokpal bill. They even gave indications that while the bill may be introduced but not passed in the parliament.
We may see a weak Lokpal bill being passed in the monsoon session of the parliament.This would virtually ensure a Government win. But for a bill that has been rejected by Parliament for 42 years getting passed is its self an achievement!!!!
Well Winston Churchill once said "If we leave India, It would be ruled by goons !". Sadly after 60 yrs of independence we are moving towards that path.
