Parliament permitted the tabling of the Lok Pal and Lokayukta Bill in the Lok Sabha on Thursday, but the way it was worded prompted even Leader of the House Pranab Mukherjee to virtually concede that the Supreme Court might strike it down.
The ruling Congress called the Lok Pal Bill the “best anti-corruption measure ever” to have been introduced in the history of independent India. But its introduction was stalled owing to the absence of reservation for minorities — in the search committee and on Lok Pal board.
Even before the Bill could be introduced, the Anna Hazare-led India Against Corruption (IAC) comprehensively rejected it, and threatened to launch another agitation — this time across the country. RJD chief Lalu Prasad, Samajwadi Party chief Mulayam Singh Yadav and others were on their feet when the Bill arrived at the house, asking how reservation for minorities was excluded.
Some MPs said they had got a draft of the Bill; others said they hadn’t and so they could not read it.
The Lok Sabha was adjourned and it met again when the government withdrew the Bill and brought in another with a provision for reservation of minorities.
When the Bill was to be introduced, leader of the Opposition Sushma Swaraj said the Constitution did not recognise reservation on religious basis, so the Bill would probably be struck down by the country’s apex court. The proposed legislation had been brought under a rule that made it mandatory for state governments to adopt the central model of Lokayuktas, she said. “What if the state already has a good Lokayukta in place, like in Bihar or Uttarakhand?” she asked.
To this, Finance Minister Pranab Mukherjee said the job of the House was to make laws. It was the job of the apex court to decide whether or not they were in consonance with the Constitution. “Those who wanted the supremacy of Parliament should ask themselves why they shared a dais with those criticising Parliament,” he added.
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Mukherjee’s assertion followed a meeting of the core committee and discussions in the party that went on all last night and this morning. Consultations between the Congress and the parties that demanded reservation had taken place as part of a strategy.
The AIADMK opposed the Bill, saying it did not give sufficient representation to minorities and also encroached on state governments’ powers. The same objections were raised by the BJP, the JD-U and the DMK.
| THE FINE PRINT The Lok Pal and Lokayukta Bill |
| Lok Pal and its role The Bill proposes to establish autonomous and independent institutions — a Lok Pal at the Centre and Lokayuktas for states. These will have powers to hold preliminary inquiry, leading to a probe and prosecution, in respect of complaints under any law for the prevention of corruption. The Lok Pal will enjoy Constitutional status. A Bill to give the office statutory backing by amending the Constitution was moved on Thursday. |
| Structure |
| * To have chairperson, 8 members, with 50% of them judicial members |
| * 50% of members from SC, ST, OBC, and minorities and women |
| * Inquiry wing for preliminary probe, and independent prosecution wing |
| * Secretary, director of prosecution, director of inquiry and others will be officers of Lok Pal |
| Selection |
| * Through a panel, consisting of prime minister, Lok Sabha speaker, Lok Sabha leader of Opposition, chief justice or Supreme Court judge nominated by chief justice |
| * President can nominate eminent jurist |
| * Search panel, with 50% reservation, to aid in selection |
| Jurisdiction |
| * Prime minister under the purview, with specific exclusions |
| * Any decision to initiate preliminary inquiry against prime minister to be taken by the full bench with a 3/4th majority. Proceedings to be in camera |
| * All categories of public servants, including Group A, B, C and D officers and government staff |
| * All entities getting donations from foreign sources under the Foreign Contribution Regulation Act in excess of Rs 10 lakh per year |
| * Cannot initiate suo motu inquiries |
| Significant features |
| * No sanction required to start prosecution in cases inquired into by the Lok Pal or initiated on the direction of the Lok Pal |
| * Can confiscate property acquired by corrupt means, even if prosecution is pending |
| * Lok Pal to be the final appellate on all decisions by public authorities relating to provision of public services and redressal of grievances containing findings of corruption |
| * Lok Pal to have powers of superintendence and direction over any investigation agency |
The BJP held its own strategy meeting in the afternoon on how to meet this new challenge that it could neither spit out nor swallow. The party declared that it would move amendments. Discussion on the Bill will start next Tuesday in the Lok Sabha.