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Lokpal Bill: A Search For ‘Balanced Draft’

By Musab Iqbal

19 August, 2011
Newzfirst.com

There is no doubt that corruption is a parasite for this nation and fighting and defeating it not only demands political will, efficient institution and transparency at larger level but contrary to it, it also demands a social attitude, a behavioral change and a more responsible society.

As the clash between Team Anna and Government has taken awkward shape giving a sense that the real issue is trembling down and the fight is more for a pride and win over each other. The popular emotion for anti corruption and anti government is quite comprehendible but rhetoric and emotion alone cannot help in making a powerful legislation. Certainly it needs reason and argument backed by reason with a more generous and effective deliberation.

The major bone of contention between team Anna and Govt is to keep PM in or out of the Lokpal ambit while Govt draft recommends that PM must be investigated by CBI not by Lokpal but Team Anna propose an independent Lokpal investigating into it. The other difference is over corruption in Judiciary, investigation of corrupt MP’s and the issues regarding the corruption faced by common citizens. Selection of Lokpal, accountability of its members and corruption within Lokpal team are also issues of difference. Jurisdiction of Lokpal and protection of whistleblowers has also added to the list of difference along with some more issues.

This is certain that the difference is sharp and resultantly the approach as well. Government intention to bring a strong Lokpal bill can certainly be doubted but a difference of binary cannot alone solve the problem. Hence a balanced draft should be thought again.

Team Anna’s draft is commonly referred as the draft of civil society and hence the difference and clash of these two drafts is concluded as difference and clash between government and the civil society. Hence producing a linguistic of ‘versus’ for a ‘second war of independence’.

But interestingly other draft exist as well and an attempt for a more balanced approach is worked upon and hence it can be said that ‘other civil society’ too exist and so is the ‘other draft’.

National campaign for people’s Right to Information (NPCRI) has actively played role for enactment of a national RTI law in India. NPCRI has played significant role in the issues related to transparency. NPCRI through larger consultation has attempted to make a more balanced draft for this Bill. As one research fellow calls it a ‘can be don’ or ‘doable’ agenda. NPCRI in its press statement has already criticized the government version of the draft. NPCRI has made the point clear that no single institution should be responsible for such a mammoth task

It says 'A decentralized agency needs to be created to address and redress the spate of grievances of the common citizen. Vesting such all- encompassing power and responsibility in one institution would overload the institution making it difficult for it to carry out any of its task’

As Aruna Roy rightly mentioned that “The Lokpal should not collapse under its own weight and as Shekhar Singh further explained it saying “We need to strengthen existing democratic institutions and not bypass them. We have laws. We need to implement old laws even as we draw up news ones.”

NPCRI therefore has proposed institutions at different levels instead of a heavy Lokpal. NPCRI has proposed of five collective and concurrent anti-corruption and grievance redress measures, namely:

1. Rashtriya Bhrashtachar Nivaran Lokpal ( National Anti-corruption Lokpal): Aninstitution to tackle corruption of all elected representatives, including the PrimeMinister (with some safeguards), Ministers and Members of Parliament and senior bureaucrats (Group ‘ A’ officers) and all other co-accused including those in the Private and social sector. The Lokpal will be financially and administratively Independent from the government and will have both investigative and prosecution powers.

2. Kendriya Satarkta Lokpal (Central Vigilance Commission): Amending the Central Vigilance Commission Act to remove the single directive and empower the CVC to investigate corruption and take appropriate action against mid-level bureaucracy.

3. Nyayapalika Lokpal (Judicial Standards and Accountability Lokpal): To strengthen the existing Judicial Accountability and Standards Bill , that is currently before the Parliament, to ensure that the judiciar y is also made effectively and appropriately accountable, without compromising its independence from the executive or the integrity of its functions.

4. Shikayat Nivaran Lokpal (Public Grievances Lokpal): To set up an effective time-bound system for grievance redress for common citizens to make the government answerable in terms of its functions, duties, commitments and obligations towards citizens. The grievance redress structure would have decentralized institutional mechanisms going right down to each ward/block level, and would ensure a bottom-up, people centric approach so that complaints and grievances can be dealt with speedily and in a decentralized, participatory and transparent manner. It will integrate public vigilance processes like vigilance committees and social audits, and provide for facilitation for the filing of all grievances/complaints through the setting up of block information and facilitation centres in every Block (rural) and ward (urban) in the country. The grievance redress mechanism will be a three-tier structure consisting of grievance redress officers at the local level within the department, independent district level grievance redressal authorities (with power to penalize and provide compensation) and appellate central/State level grievance redressal commission. It will include and rationalize existing structures.

5.Lokrakshak Kanoon (Whistleblower Protection Lokpal): To strengthen the existing Public interest Disclosure and Protection to Persons Making the Disclosure Bill,That is currently before the Parliament, to ensure appropriate protection of whistleblowers.These institutions, wher e relevant, will also be established at the state level. In addition there will be a common selection process to staff these institutions.

The NCPRI feels that all these measures need to be brought in simultaneously to effectively tackle corruption at all levels and provide a mechanism to redress grievances of citizens.

Speaking to newzfirst, Mr. Nikhil Dey of NCPRI said “The purpose of this exercise is to present to the government a well thought out and widely discussed set of measures that could be simultaneously and collectively adopted to prevent corruption at all levels, especially in high places, and to effectively redress grievances. Such measures could include the enactment of one or more laws in order to create the required institutions and authorities, the amendment of existing laws and practices, and the strengthening of existing institutions.”

NPCRI has also addressed the issues of difference between that civil society and government draft. It recommends that the PM should come under the Lokpal but with checks and balances. Similarly it talks about the investigative powers, role of central vigilance commission and the issues related to judiciary. Civil society tabloid quoted a lawyer stating that the judicial standards and Accountability Bill can be splitted into two: so a Judicial Standard Bill would ensure the judiciary improved its service and a Judicial Accountability Bill would make sure judges were not corrupt (civil society, Aug 2011, pg 9)

NPCRI draft has mentioned many key proposals and still it’s open for debate and developing a more strong powerful and resilient draft.

This is true that this bill has been tabled eight times in the parliament and resulted into nothing and also ‘Anna movement’ has been successful in mobilizing people for this cause but still a bill cannot be legitimate and powerful enough just by speaking rhetoric , expressing emotion and mobilizing people. A quest and assertion for a balanced draft is more sane to do than just to join 'sides'.

Musab Iqbal is Editor of Newz First

Copyright © 2007-2011 Newzfirst.

 

 



 


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