Once again Lokpal Bill is in Jeopardy

Once again Lokpal Bill is in Jeopardy

Others Admin   5:39 PM

Parliament tonight lost a historic opportunity to enact an anti-graft law when an embarrassed government was forced to beat a hasty retreat in the Rajya Sabha, lacking the numbers to push through the Lokpal and the Lokayukta Bill.
Initiating the debate in the Rajya Sabha, leader of the Opposition Arun Jaitley also opposed minority quota in the Lokpal bench, inclusion of NGOs and keeping CBI out of the purview of the ombudsman.

"If you are creating history, let us not create bad history. We will be leaving a lot of task for the next generation to do," he said.
He made it clear the the BJP would not support the Bill in the present form. "Please accept amendments that the colleagues have moved," he said.

Going clause-by-clause in the Lokpal and Lokayuktas Bill, 2011, Jaitley said the ombudsman was "designed to be vulnerable to constitutional challenge. Let us create an institution which is constitutionally possible."

Referring to the provision on the setting up of Lokayuktas in the state, the BJP leader and noted lawyer said it would lead to creating "a grey area" by which the Centre can usurp powers of states. "Why are you creating a constitutional havoc? The government is trying to make constitutional cocktail," he said.

Jaitley said the government wants to subvert an institution even before its creation. "You want to kill it in the womb," he alleged.

Responding to the BJP argument, Congress leader Abhishek Manu Singhvi said that the BJP is making excuses not to pass the Lokpal bill. He said that the Opposition party does not having the courage to make its stance clear.

Attacking Jaitley further, Singhvi asked if the BJP wanted to pass a Lokpal bill or not?

"They (BJP) are making statements of stringent conditions in the bill and are saying they want to pass a strong and comprehensive bill but after three months. They are using it (conditions) as a pretext not to pass the bill," Singhvi said.

MARATHON DEBATE, BUT NO RESULT

What govt says

• Lokpal, CBI & CVC can co-exist. A 70-year-old institution cannot cease to exist merely because a new institution is taking birth. Separation of investigation and prosecution is ideal
• India is a union of states and not a federation of states. The Bill has been amended to provide for consent of states before Lokayuktas can be notified
• Bill does not lay down any 'reservation' but merely states 'some or all' members of Lokpal should ideally represent the minorities and other sections
• Not all NGOs and trusts will come under Lokpal.

Sticking points

• CBI should be under Lokpal
• Regional parties say it is an assault on federalism and states cannot be forced to accept Central laws
• No minority quota in Lokpal
• NGOs and trusts should not come under Lokpal

Highlights of Newly Proposed Lokpal Bill

Highlights of Newly Proposed Lokpal Bill

Others Admin   8:18 PM

The UPA government has finally tabled the Lokpal Bill and it shall be debated and voted upon on December 27, Tuesday next.

•The 74-page Lokpal Bill has two parts: first part is a constitutional amendment bill - needs 2/3 majority - so government will need support of opposition parties

•The 116th amendment seeks to give constitutional status to Lokpal - a new nine-member ombudsman agency that will receive complaints from the public about corrupt government servants and act on them

•Part B seeks to create the institution of Lokpal and Lokayuktas, who will serve as anti-corruption agencies in states. A simple majority is required to pass this part of the bill

•Even before the bill is tabled, the government has decided on an amendment - to bring back the minority quota for the nine members of the Lokpal.  This means that the 50% reservation will extend to Scheduled Castes and Tribes (SCs/STs), women, Other Backward Classes (OBCs) and minorities.  The constitution does not allow for reservation on the basis of religion.  So to get the amendment approved, a two-third majority is needed.  The BJP is unlikely to support the amendment.   Lalu Prasad and Mulayam Singh Yadav insist on it. 

•The Lokpal will be accountable to the Parliament

•The Central Bureau of Investigation (CBI) will not be controlled administratively by Lokpal. Government will continue to decide its budget, transfers and postings of officials

•Lokpal cannot initiate proceedings against an officer on its own; a complaint has to be lodged with the ombudsman before it orders an inquiry

•The Director of CBI to be chosen by panel of PM, Leader of Opposition and Chief Justice of India. Team Anna wants the Chief Justice to be replaced by the Lokpal chief

•No sanction is required for prosecution of public servants

•No separation of prosecution and investigative wings of CBI, as was earlier suggested by some parties

•CBI will report to Lokpal on cases referred to it by the ombudsman

•Lokpal has the right to conduct preliminary inquiry through an inquiry wing, made up of police officers

•Lokpal can refer cases to other agencies like the Central Vigilance Commission (CVC)


Read more at: http://www.ndtv.com/article/india/lokpal-bill-some-highlights-159978&cp