Lokpal,Parties,The Constitution and Anna Hazare.

It is on the expected lines to shelve the Lokpal Bill by the political parties.

Anna and Co are no better.

None seems to have the vaguest idea what exactly needs to be done excepting the desire that something needs to be done,like all of us.

The difference between us and Anna Hazare and Co is that they have a TV channel telecasting Live all their Comedies.

Any proposal to bring in that is of serious implications needs to be thought out taking into account the fact that India is Federal set up,Coalition Governments are the order of the Day and there is a detailed procedure laid out in the constitution to effect drastic Bills.

While the Congress, like the other parties would not really like Bill to be passed as it would affect the profession of a Politician in the long run and the party’s coffer in the short run and the local parties who are its allies(now a days, I do not know which is a National Party), it still wanted to keep up the pretense of going through the motion of attempting to pass the Bill to ensure Political mileage in the forthcoming Elections in Five States,by blaming other parties for not enacting the Bill.

Some parties muddled the issue by bringing in Reservation concept in the Lokpal Bill.

Congress contributed its mite by riding roughshod on States Rights by ramming down the Bill on the States ‘throat.

In a coalition Government,the selection of Lokayukta becomes tricky as shown earlier in the appointment of Lokayukta in Gujarat.

Again Die-hard Communist baiters like Mamata Bannerjee would not like to accommodate Communists in West Bengal, as the AIADMK and DMK would not accommodate the other in Tamil Nadu in matters concerning the appointment of Lokayukta .

The correct procedure would have been to bring in a Constitutional amendment for establishment of Lokayukta by due process.

The Lokayukta Bill in its Current form would not last a Day in the Supreme Court.

Please read my blogs Lokayukta.

Rabble rousing part-time Hunger strike jokers must be ignored in the passing of the Bill as they are not willing to see the Reality and are being churlish and childish.

“ BJP squarely blamed the Lokpal fiasco in the Rajya Sabha on PM Manmohan Singh and finance minister Pranab Mukherjee as the party on Friday launched a bitter assault on the government accusing it of perpetrating the biggest fraud at the stroke of midnight.

“If it was freedom at midnight on August 15, 1947, it was ‘flee-dom’ at midnight yesterday,” said leader of opposition in the Rajya Sabha Arun Jaitley, adding that a government that ran away from voting had no political or moral right to stay in power.

“The Prime Minister must now live with one more moral stigma. He won the 2008 vote of confidence through bribery,” said a statement by the party, as it officially demanded PM’s resignation.

Countering the government’s allegation that BJP rather than Congress is responsible for sabotaging the bill by introducing 187 amendments, BJP leader Sushma Swaraj said that while BJP’s position remained the same as it was in LS, it was government’s ally Trinamool Congressthat radically changed its stand.

http://timesofindia.indiatimes.com/india/BJP-blames-PM-for-midnight-fraud/articleshow/11312016.cms

Stung by BJP’s “obstructive tactics” on the Lokpal issue and attempts to target the Prime Minister, Congress today hit back at the opposition party saying the “assassin” is trying to accuse the victim of murdering democracy.

Party spokesman Abhishek Singhvi said BJP was “true murderer of democracy” as regards yesterday’s developments on the Lokpal bill in the Rajya Sabha were concerned. He told reporters that the BJP was “too clever by half” by trying to obstruct the legislation on the anti-corruption ombudsman by pretending to put conditionalities. Alleging that the BJP doesn’t want a strong anti- corruption law, he said this was clear from the fact that in BJP-ruled Madhya Pradesh and Chattisgarh there are “extremely weak” Lokayuktas and while there is no Lokayukta for six months in Karnataka and for several years in Gujarat.”

http://timesofindia.indiatimes.com/india/BJP-true-murderer-of-democracy-says-Congress/articleshow/11306987.cms

The Lokpal Bill might have power concentrated on a single institution which is not healthy for a Democracy.

Lokpal shall have powers to direct the Judiciary .

This will compromise the independence of Judiciary.

Even if this proposal were to be accepted, many Constitutional amendments have to be made..

These points have to be taken note of.

http://ramanan50.wordpress.com/2011/04/09/lokpal-bill-pros-and-cons/

Related articles

• Lokpal Bill (thehindu.com)

Lokayukta in Land Scam Karnataka.

The present Loayukta ‘s corrupt practices have been exposed.

Funny he was the first person to declare his assets on assuming office!

His option is to resign and he has to face criminal action.

I had indicated in my earlier blogs the dangers of making the Lokpal a Single most powerful mechanism with out checks and balances.

My fears have come true on Lokpal,first the controversy in appointing the Lokpal in Gujarat and now this.

Serious attention has to be paid in passing the Lokpal Bill.

Otherwise the Remedy will be Worse than the Cure.

Please read my blog on ‘Lokpal Bill-pros and Cons’

‘The details of the dubious manner in which Justice Shivaraj Patil and his wife acquired plots raise serious questions whether he is worthy to hold the high office of the Lokayukta. The allotment of a 4,012 sqft plot by Vyalikaval HBCS to the Lokayukta’s wife in violation of the seniority rule, and the mode of payment in the sale deed, need to be probed by the income tax department and other relevant authorities.

As Justice Patil has been appointed Lokayukta by the BJP state government, it will be naive to expect his investigation into the land scams involving the Yeddyurappa family (and other cases against BJP politicians) will be impartial and fair.

Some of the clarifications provided by Patil are evasive and far from specific. Justice Patil may claim his conscience is clear.

But, what about the morality of his actions? His wife’s offer to surrender her plot will partly undo the wrong. Justice Patil has a lot to explain to set the record straight. And till that happens Bangalore Mirror may please continue to follow up the expose. In the meantime, is there some food for thought for the civil society and a case for Governor H R Bhardwaj’s attention?’

http://www.bangaloremirror.com/article/10/2011091520110915212901615f5ddc29e/Is-Lokayukta-worthy-of-continuing-in-office.html

Lokpal, Government or Anna Hazare Victorious? Parliament Resolutions Enough?

Image by vm2827 via Flickr

Sense seems to have prevailed on both sides.

Anna Hazare has done a great job in pressuring the Government the way he did, albeit he was about to carry his act to the extreme thereby paving the way for the Government to wiggle out.

On the other hand the Government did well to accede to his point that Citizen’s Charter with timeline( which l advocate in my earlier Blog

(‘Citizen’s Charter defining Time Frame for tasks in Public offices.

Team Anna is Right and the Government should fix the time frame and agree on a fine, which can be deducted from the salary of who handle these files.

This should be a part of the Lokpal Bill..’)

On Employees to be brought under Lokpal:

The Government is silent on the modalities which was a bone of contention between the Government and Team Anna.

(my view

The Government is correct in stating that the States have to establish Loayuktas wherever they are not  and the Central Government has to await the States Compliance as ours is federal setup.

Alternately the entire Bill has to be made as a constitutional Amendment and even in that case the time factor shall be there, that is, it can not be done right within the session of the Parliament.

Team Anna has to heed to established norms.

They may indicate to the Public the time factor involved taking into account these factors and probably announce a probable date for completion of this process.

As far as bringing in all the employees under Lokpal(including the lower cadre),this involves about 40 lakhs of Employees and it will require a massive structure to administer Lokpal at this level.

The lower cadre corruption may be tackled by the existing Laws themselves;if warranted, the department/Department head may be impleaded  as the co-respondent.)

Lokpal will be set up at the Center and States-No time frame mentioned.

Finally Anna and Team have agreed to referring their demands being referred to the Standing Committee.

I think this is the correct decision.

my view -(

The process of enacting a Law is to be followed.

Any Bill of this importance has to be referred to the Standing committee ,which, then has to invite opinions from the Public, incorporate them and present the Draft Bill in the Parliament.

I fail to understand why Anna Hazare and his team are objecting to this procedure, especially they have with them Bhushan Duo and Santosh Hegde, who know law. 

The Government is right in asserting this point.’)

It is a win for all where both sides must trust each other.

If the Government reneges the agreement, it will have disastrous consequences for the Congress party and the Nation.

For the time being Congress seems to have emerged unscathed.

Disappointing is the show of Opposition parties, especially the BJP, which was not assertive enough on this issue and seemed to be in two minds as to whom to support despite soundbites on TV.

‘ Both Houses of Parliament on Saturday passed a resolution conveying the sense of the House on the Lokpal Bill, paving the way forAnna Hazare to break his fast. …..

On a motion moved by Pranab Mukherjee, Lok Sabha and Rajya Sabha passed a resolution conveying the sense of the House on the Lokpal Bill. )’

There was some confusion over whether the resolution was passed by a voice vote or not. Apparently, no voice vote took place.

Some of the important points of the Lokpal resolution passed by Parliament are:

*An effective Lokpal at the Centre and Lokayuktas in states be set up.

*Employees of centre and state governments to be brought under purview of Lokpal and Lokayuktas respectively.

*All government departments to have citizen’s charter with timeline.

http://timesofindia.indiatimes.com/india/Anna-Hazare-wins-Parliament-passes-resolution-on-Lokpal-Bill/articleshow/9760064.cms

http://ramanan50.wordpress.com/2011/08/25/lokpal-bill-issues-of-contention-and-meeting-ground-avoid-stalemate/

Lokpal Bill-Issues Of Contention and Meeting Ground.Avoid Stalemate.

‘

‘However, the sticking point remained over the contentious issue of referring the Jan Lokpal Bill to the Standing Committee of Parliament, an offer made by Singh in a letter to Hazare, and rejected by Hazare’s team during the discussions.’

The process of enacting a Law is to be followed.

Any Bill of this importance has to be referred to the Standing committee ,which, then has to invite opinions from the Public, incorporate them and present the Draft Bill in the Parliament.

I fail to understand why Anna Hazare and his team are objecting to this procedure, especially they have with them Bhushan Duo and Santosh Hegde, who know law. 

The Government is right in asserting this point.

‘With regard to bringing higher judiciary under the Lokpal, Kejriwal said the government had promised to bring a separate law. The team Hazare wanted that bill be shown to them and passed along with the Lokpal Bill.’

The same procedure has to be followed as in the last point.

They can be shown the Bill and they can offer suggestions to improve upon the Draft Bill.

I do not see any point of contention is here.

Insisting that it has to passed along with the Lokpal Bill sees to be a little hasty as the Standing Committee should have sufficient time for inviting public opinion  and arrive at a Draft.

‘ bringing the lower bureaucracy under Lokpal, preparing a citizens charter by all departments and establishment of Lokayuktas in all states.’

The Government is correct in stating that the States have to establish Loayuktas wherever they are not  and the Central Government has to await the States Compliance as ours is federal setup.

Alternately the entire Bill has to be made as a constitutional Amendment and even in that case the time factor shall be there, that is, it can not be done right within the session of the Parliament.

Team Anna has to heed to established norms.

They may indicate to the Public the time factor involved taking into account these factors and probably announce a probable date for completion of this process.

As far as bringing in all the employees under Lokpal(including the lower cadre),this involve s about 40 lakhs of Employees and it will require a massive structure to administer Lokpal at this level.

The lower cadre corruption may be tackled by the existing Laws themselves;if warranted, the department/Department head may be impleaded  as the co-respondent.

Citizen’s Charter defining Time Frame for tasks in Public offices.

Team Anna is Right and the Government should fix the time frame and agree on a fine, which can be deducted from the salary of who handle these files.

This should be a part of the Lokpal Bill..

Anna  may concede that there might be better suggestions from the people in the passing of the Bill and his team need not assume that their word on any thing alone final.

They have done a job ;they made the Government wake up and the Government can not go back as Elections are due.

If they do not pay heed, let us take care of them in the elections.

By precipitating matters on a sense of injured pride, we are making the Government and the politicians martyrs which they shall use at the time of Elections and shall revert to their thuggery.

Wise to know when to stop with the knowledge that there is tomorrow, meaning elections.

http://www.hindustantimes.com/Govt-Team-Anna-hold-talks-sticking-points-remain/Article1-736712.aspx

Anna ,’Lao ya Jao’ – Santosh Hegde’s Confusions and Contradictions.

Note the contradiction and confusion in these statements.

The statement in question is in regard to Anna Hazare‘s ‘Lao or Jao’-bring the Bill or Quit to the Government.

Apart from the fact that none in a Democracy can ask the  Government to quit as one wishes but only through the due process of Parliament, it speaks volumes of the fascist tendencies in Anna Hazare.( I do not know whether he is even aware of this)

If one were to be frustrated and can make statements which are sheer non sense and naivety, how does it make him qualified to lead a movement of this magnitude, which ,if not handled properly will breed anarchy?

‘I will not be party to any move to overthrow a democratically elected government‘ says Hegde and in the same breath adds..

‘I will not be party to the creation of an institution which is parallel either to the Constitution or Parliament.Every order of the Lokpal will be subject to scrutiny by the Supreme Court.‘ and adds another gem
‘In what way is Parliament supreme There are thousands of laws passed by Parliament and some of them have been questioned in court?.’

He goes on…
‘There will be 11 Lokpals.We have the Prevention of Corruption Act,but how many come forward to file cases ?’

Rightly said.

Then do they not know that it is  the individual initiative in fighting Corruption than laws is the key?

This is exactly what I have been saying all along in my blogs-it is not that laws are not there but the individual’s unwillingness to bribe , not to seek easier route and the innate fear of filing complaints against corruption-that is the reason for the rampant corruption.

Detailed blog on Fighting Corruption follows.-which is practical, though besotted with some obstacles.

That can be overcome if fraction of the population follows it rather than enacting a law which again will prove to be useless.

“The statement was not meant to overthrow a democratically-elected government.It was a statement of anger by Hazare because of the treatment meted out to him by the government.It was not intentional but the consequence of frustration building up,and I will not be party to any move to overthrow a democratically elected government.Such a remark happens when the government goes on pretending to play games….

Doesnt the Jan Lokpal bill have features of an all-powerful parallel body of supreme policing 

I will not be party to the creation of an institution which is parallel either to the Constitution or Parliament.Every order of the Lokpal will be subject to scrutiny by the Supreme Court.

With corruption rampant,will a Lokpal be able to handle the situation

There will be 11 Lokpals.We have the Prevention of Corruption Act,but how many come forward to file cases 

By putting a gun to Parliaments head that the bill be passed by August 30,isnt Team Anna stalling dialogue

Who started the dialogue They are the ones who have pushed us to this situation and we are criticized now as holding a gun to Parliament….

What is Team Annas definition of Parliaments supremacy 

In what way is Parliament supreme There are thousands of laws passed by Parliament and some of them have been questioned in court.Article 105(2) of the Constitution says no Member of Parliament shall be liable to any proceedings in any court in respect of anything said,or any vote given by him in Parliament or any committee.However,if a public figure is indulging in graft and the Lokpal learns of it,action can be taken.How does it then become interference of the House 

What about corruption in the private sector

The jurisdiction of Prevention of Corruption Act is only public servants.In a private sector,if two persons are giving and taking a bribe,nothing can be done unless its between a government agency and private party,where the latter becomes an abettor.The Jan Lokpal Bill covers all NGOs which take aid from the government.”

Do you mean to say Corruption in Private sector is all right?

‘Corruption’ is between two individuals ultimately.

http://lite.epaper.timesofindia.com/getpage.aspx?pageid=4&pagesize=&edid=&edlabel=TOIBG&mydateHid=23-08-2011&pubname=Times+of+India+-+Bangalore+-+Times+City&edname=&publabel=TOI