Forty-five years after the first introduction of the Lokpal bill, it was finally passed in 2013. However, it seems the act still remains on a paper
Lokpal is the great mirage of Indian politics. The idea of having an anti-corruption ombudsman for the higher echelons of the government began way back in the early 1960s when the then law minister Ashoke Kumar Sen proposed it in Parliament. The first Jan Lokpal Bill was passed in the Lok Sabha in 1969 but failed to get through the Rajya Sabha. Sounds familiar?
In the following years, the bill was introduced a number of times but failed to pass each time. It took 45 years for the bill to breach the first barrier, which it did in 2013, when the Lokpal and Lokayuktas Act made it through after a mass movement led by Anna Hazare.
However, Lokpal continues to be stuck at the second stage—the stage of appointments to the institution. Specifically, it is stuck at deciding how to fill the slot mandated for the leader of the opposition in Parliament when there is no designated LOP currently. That's where the story rests, and the outlook does not look too good. On Tuesday, the Union government said in the Supreme Court that it has no intention of moving ahead in the current Budget session. What about the coming sessions then? The government is noncommittal.
But what is Lokpal?
Lokpal is an authority representing the public interest who will investigate corruption in the government at the national level. The 2013 Act gives it jurisdiction over all members of Parliament and central government employees. While the Lokpal will look into corruption cases at the national level, Lokayuktas takes care of the same at the state level.
So what's the issue?
The law requires the leader of the opposition to be a member of the committee that will appoint the Lokpal. But there is no leader of the opposition in the Lok Sabha at the present juncture, with the Congress having only 44 MPs in the 545-member House. This is far short of the required number which is 10 per cent of the strength of the House.
What's Union government's stance?
During the Anna Hazare movement, before the passage of the Lokpall bill by the UPA government in 2013, the BJP was a strong supporter of the Lokpal movement. But now in power, its fervour has cooled a bit.
On Tuesday, the attorney-general Mukul Rohatgi told the Supreme Court that since there is no leader of the opposition in the Lok Sabha, there are difficulties in constituting the selection committee for the Lokpal. The law on designating a leader of the opposition needs to be amended. But the government is in no hurry to bring an amendment. Why not? As Rohatgi said in the Supreme Court, the legislature cannot be dictated on when and how the amendment should be introduced and passed.
So what needs to be done?
The amendment on the leader of opposition status needs to be introduced and passed in both Houses of Parliament, including the Rajya Sabha, where the NDA government does not have a majority. Then an LOP has to be named. Then the selection committee must be constituted. Then a Lokpal has to be appointed.
What chances of a Lokpal before 2019?
Doubtful.
FAQs
Who coined the term Lokpal?
The term was coined by Dr. LM Singhvi in the year 1963
Who proposed the concept of a constitutional ombudsman?
The concept was first proposed in the parliament by law minister Ashoke Kumar Sen in early 1960s.
Who proposed the first Jan Lokpal bill?
Shanti Bhushan proposed the first Jan Lokpal bill in 1968
How many years did it take to pass the bill?
Since the introduction of the bill for the first time, it took 45 years for it to get enacted
Lokpal redux
The Lokpal bill was introduced 10 times in the last 45 years before it was finally passed and became a law. (1968, 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, 2008)
Anti-graft agencies
1. Central Vigilance Commission: The Central Vigilance Commission was set up in 1964 to advise central government agencies on anti-corruption measures. The CVC was meant to be the apex vigilance institution, free of control from executive authority. Is it?
2. Central Bureau of Investigation: The bureau’s anti-corruption division is responsible for collection of intelligence with regard to corruption, maintaining liaison with various departments through their vigilance officers, enquiries into complaints about bribery and corruption, investigation and prosecution of offences pertaining to bribery and corruption and tasks relating to preventive aspects of corruption.
3. Comptroller and Auditor General of India: The CAG is an authority established by the Constitution who audits the receipts and expenditures of the government-both the centre and the state. Former Comptroller and Auditor General of India, Vinod Rai is credited with bringing out the corruption in the 2G spectrum allocation.
4. Enforcement Directorate: The ED investigates contraventions of the provisions of Foreign Exchange Management Act and also investigates offences of money laundering. It also renders cooperation to foreign countries in matters relating to money laundering.
Features of the Lokpal and Lokayuktas Bill
—Lokpal at the Centre and Lokayukta at the level of the states.
—Lokpal will consist of a chairperson and a maximum of eight members, of which 50 per cent shall be judicial members.
—50 per cent of members of Lokpal shall be from SC/ST/OBCs, minorities and women.
—The selection of chairperson and members of Lokpal shall be through a selection committee consisting of Prime Minister, Speaker of Lok Sabha, Leader of Opposition in the Lok Sabha, Chief Justice of India or a sitting Supreme Court judge nominated by CJI, eminent jurist to be nominated by the President of India on the basis of recommendations of the first four members of the selection committee.
—Prime Minister has been brought under the purview of the Lokpal.
—Lokpal’s jurisdiction will cover all categories of public servants.
—All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are brought under the jurisdiction of Lokpal.
—Provides adequate protection for honest and upright public servants.
—Lokpal will have power of superintendence and direction over any investigation agency including CBI for cases referred to them by Lokpal.
—A high powered committee chaired by the Prime Minister will recommend selection of the Director, CBI.
—Directorate of Prosecution headed by a Director of Prosecution under the overall control of Director.
—The appointment of the Director of Prosecution, CBI on the recommendation of the Central Vigilance Commission.
—Transfer of officers of CBI investigating cases referred by Lokpal with the approval of Lokpal.
—The bill also incorporates provisions for attachment and confiscation of property acquired by corrupt means, even while prosecution is pending.
—The bill lays down clear time lines for preliminary enquiry and investigation and trial and towards this end, the bill provides for setting up of special courts.
—A mandate for setting up of the institution of Lokayukta through enactment of a law by the State Legislature within a period of 365 days from the date of commencement of the Act.