The Lokpal Bill has popped up once again in the public domain with the Government declaring its intention to introduce it during the winter session of Parliament. It is the 10th time the Bill will go to Parliament and one can only hope that it is passed this time around. With corruption featuring big time on the national radar after the Commonwealth Games, it is high time the Lokpal came into existence. But going by previous experience, unless there is sufficient political will, the Bill will fall through once again.
The Lokpal Bill was first recommended by the Administrative Reforms Commission headed by Morarji Desai in 1966. He suggested a two-tier system with a Lokpal heading a team of Lokayuktas at the State level who are independent of each other.
The initial response to the Bill was encouraging and the Lok Sabha first passed it in 1969. But the Bill could not be passed in the Rajya Sabha because elections were called. Several attempts have been made by various Governments in the years 1971, 1975, 1985, 1989, 1996, 1998, 2001, 2005 and 2008 to pass it. But just as in the case of the women's reservation Bill, it has not seen the light of day. Except in 1985 when it was withdrawn the Lok Sabha was dissolved at all other times before the Bill could be passed.
Seventeen States have constituted Lokayuktas. Odisha has been the first to institute a Lokayukta in 1971 and abolished it in 1993. Varying degrees of power are vested in the institution. While some include Chief Ministers under the purview of the Lokayukta, others do not even include legislators. Most of these States have their own story to tell.
Interestingly, it is nobody's case that the appointment of Lokayuktas in various States has resulted in reduction of corruption. Karnataka Lokayukta Justice Santosh Hegde had threatened to resign only because he was powerless to deal with the influential Reddy brothers of Bellary who control the mines in the district. It took the intervention of BJP leader LK Advani to persuade him to retract. Even in the case of Uttar Pradesh Lokayukta Justice Narendra Kishore Mehrotra, the Supreme Court had to step in to stop Chief Minister Mayawati from installing large statues. Politics today is ruled by money power and muscle power.
It is indeed welcome news that the Lokpal Bill may be introduced in the winter session. The main bone of contention of whether or not the Prime Minister should be included within the purview of probes by the Lokpal has now been resolved. Both Mr Atal Bihari Vajpayee and Mr Manmohan Singh have supported authorising him to probe allegations against the Prime Minister and his office. The proposed Bill also has his ministerial colleagues and Members of Parliament under its purview. The Lokpal has no jurisdiction over complaints against the President of India, Vice-President, Speaker of the Lok Sabha, Deputy Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha and Supreme Court and High Court judges. The posts of Attorney General, Chief Election Commissioner and Election Commissioners as well as chairman and members of the Scheduled Castes and Scheduled Tribes Commission also do not come under the purview of any probe by the Lokpal.
The Lokpal Bill proposes a three-judge body headed by a sitting or retired Chief Justice of India selected by a collegium headed by the Vice-President and including the Prime Minister. Critics feel that this highly political body may not be effective as no one can expect the collegium to go against politicians.
Why do we need a Lokpal? With increasing instance of corruption in high places and misuse of pubic money, the Lokpal is being seen as a vital step to put an end to this scourge. Following the 2G spectrum scam and the Commonwealth Games scandal, it has become imperative on the part of the Government to put up a show of transparency with the public getting disenchanted with corrupt leaders.
There is increasing concern among eminent citizens about the scale of corruption. Significantly, a group of eminent persons including former Central Vigilance Commissioner P Shankar, Justice Hegde and former Election Commissioner JM Lyngdoh had written to the Prime Minister urging him to pass the Bill. All of them had headed anti-corruption agencies and have first-hand experience of the loopholes of the law.
Moreover, there is a need to set up independent institutions like the Lokpal with the requisite powers to investigate and prosecute politicians and corrupt bureaucrats. At present, the Central Vigilance Commission, Central Bureau of Investigation and other bodies do not have that kind of powers. They have also lost credibility in the public eye. Existing institutions like the CVC are meant for officials only while the CBI is seen as a handmaiden of the ruling Government.
Lastly, even a common citizen would have access to the Lokpal. At a time when it is difficult to have access to even a Member of Legislative Assembly or a Member of Parliament, this will provide a boost to the common man's fight for justice. It may also prevent delayed justice as the Lokpal must decide a case within a given time frame. The citizen does not have to spend money by way of a high legal fee.
However, unless all political parties come together on the Lokpal Bill, it is not likely to be passed in Parliament. It is not enough just to make accusations of corruption against the ruling party, one must also be seriously concerned about possible solutions. MPs should be as serious about passing this Bill as they were when they voted to give themselves a raise.
Also, the office of the Lokpal, when it is set up, should be made powerful enough to deal with corruption in high places. The Right to Information Act and its use by citizens is a shining example of how a common man can use this tool to get justice for himself. If it can work, why not the Lokpal Bill?
