The government and Team Anna Hazare exercise to work out an agreed draft for a Lok Pal Bill ended in failure tonight after their ninth round of talks. The two sides issued their separate drafts, with the government saying it would combine what was possible and issue a single set of proposals, to be taken to the all-party meeting on July 7.
The Bill is then expected to go to the Cabinet before being introduced in Parliament most probably in the monsoon session.
As for Anna Hazare, whose earlier fast-unto-death led to the compromise of a joint drafting panel, which ended on Tuesday, he said he was left with no option but to proceed with his plan of another indefinite fast from August 16 “to teach the government a lesson”. While the government side said the discussions had helped in preparing a “strong and robust” bill, the Hazare camp expressed “deep disappointment” with the former’s draft.
“The government has no intention to bring a strong Lok Pal bill. It is misleading the people. Now, there is no option but to go on fast from August 16 as announced earlier,” Hazare told reporters after the meeting.
As for the government, it was swift off the mark in shoring its political front. Prime Minister Manmohan Singh convened a meeting of all members of his United Progressive Alliance coalition in the evening, and all of them expressed support for the government line and draft. That included the sullen DMK, whose leader in the Lok Sabha, T R Baalu, came in person to express support.
DIFFERENCES
“We agreed to disagree,” Union HRD minister Kapil Sibal said on Tuesday at the conclusion of the last meeting of the joint committee on Tuesday. The main differences remained on selection of a Lok Pal, its powers and jurisdiction. While the draft released by the Hazare team is for inclusion of Prime Minister and judiciary under the Lok Pal’s ambit, the government draft is not. The two drafts also differ on bringing the Central Bureau of Investigation and the Central Vigilance Commission under the Lok Pal as demanded by civil society members. The civil society draft also calls for powers to the Lok Pal to probe the conduct of MPs inside Parliament, which the Government is opposed to.
The two are also at variance on the structure of the Lok Pal, and the procedure for selection and removal. The government wants a 11-member Lok Pal only and the other group wants district vigilance officers, too. The government wants a predominantly political panel to select Lok Pal. Its suggested selection panel has the Prime Minister, opposition leader, Speaker of the Lok Sabha, home minister, opposition leaders from the states, the cabinet secretary and one judge each from the Supreme Court (SC) and high courts (HCs). The Hazare draft asks for the Comptroller and Auditor-General, the Chief Election Commissioner, two judges each from the SC and HCs and all retired Lok Pals to also be on the selection panel. The only political figures are the Prime Minister and opposition leader.
The removal process suggested by the civil society draft says the SC can order an inquiry and order removal on a complaint made by any citizen. The removal is not within the hands of the common man in the government draft.
The government draft proposes several critical powers conferring quasi-judicial status to the Lok Pal, besides powers to attach assets, an independent prosecution and investigation machinery, with full police powers.
The various proposals in the government draft include powers to take suo motu cognisance of acts of corruption, powers to investigate cases against officials above joint secretary rank, recommend transfer and suspension during the course of probe and provision for time-bound trial by special courts. The government draft does away with the rule for securing sanction for prosecuting a public servant. The government draft provides for jurisdiction over Union ministers other than the Prime Minister and MPs. It specifically bars any enquiry into matters relating to any allegation of corruption against MPs in respect of anything said or vote given by them in Parliament.
GOVT DEFENCE
The ministers said jurisdiction over MPs’ conduct inside Parliament would be a violation of the immunity provided to them in the Constitution.
“The Prime Minister is still covered under the Prevention of Corruption Act and he does not enjoy any immunity. The CBI can still probe him. Only, we are not giving this power to the Lok Pal,” said HRD minister Kapil Sibal. Water resources minister Salman Khurshid said the government side decided to draw the line at a particular point and excluded the Prime Minister as he is the “lynchpin” of Parliamentary system.
