It started in one ancient civilization, Egypt; engulfed quite a few African and West Asian countries and has now touched another ancient civilization, India. It is the whirlwind of spontaneous and popular uprising against venality and corruption cynically and systematically indulged by those who have given themselves the power to rule either through gun or sleight of ballot. Mercifully for India, the cudgels have been taken by a diminutive Gandhian in a Gandhian way unlike in other affected countries where guns are booming.
People of India are at their tether's end. Scam after scam is surfacing and what is dished out is glib talk and confusion. Take for example the issue of appointment of CVC, 2G scandal, and so on.
The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but could not get through in Rajya Sabha. Subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were never passed.
The present standoff between Anna Hazre and the Government is due to difference in perceptions on the body's constitution, its role and powers and more importantly about the composition of the re-drafting panel and its legal and binding status.
If the draft Bill prepared by the government becomes the law of the land, the Lokpal can’t punish a corrupt public servant but can send a person to jail for making a frivolous complaint. Activists want this provision to go and instead suggested imposition of fine to check frivolous complaints.
According to the draft bill, the Lokpal cannot act on its own or on a public complaint and can only receive complaints referred by LS Speaker or Rajya Sabha chairman.
Lokpal, after inquiry, will forward report to competent authority that can decide not to act on recommendations. Under the draft bill, Lokpal does not have powers of police to register FIR. Prosecution would be pursued by existing agency such as CBI.
Lokpal will have jurisdiction only on MPs, ministers and PM. It will not have jurisdiction over officers. The activists want it to include even judges.
Another controversy is around the composition of the body. The government draft proposes Lokpal to be three-member body — all retired judges. The selection panel is proposed to comprise Vice-President, PM, Leaders of both houses, Leaders of opposition in both Houses, law minister and home minister, thus not only loading heavily in favor of ruling clique, but also making it a cent percent political animal. But activists want CEC, CAG and international awardees of Indian origin to be on the panel.
The draft does not deal with corruption of bureaucrats and the Lokpal would not have powers to redress grievances. It does not incorporate mechanism to redress public grievance.
In the draft bill there is no provision to seize ill-gotten wealth. A corrupt person can come out of jail and enjoy that money. A limit of six months to one year has been prescribed for Lokpal to probe. But there is no time limit for completion of trial.
Anna Hazare has refused to budge and asked people to fill jails. With more and more citizens coming out against government, this is likely to snow ball. Let us hope unemployed politicians will not hijack the movement and whatever may be the outcome, things will remain on the peaceful Gandhian path.
...ponder
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