JAN LOKPAL BILL
TEAM ANNA & POLITICS
The million dollar question in the minds of many people in India is – will the LokPal Bill be passed by the Parliament in winter session? Will it be the one that effectively tackles Corruption in India? Will it be a strong, effective Institution – or will it be just another one among the many, already around in India? Will the Lok Pal be a strong, unbiased, committed person? Will he receive support from the other institutions, which need to support him?
Look at the other many institutions which are performing various important functions in India. The Election commission was an ineffective institution – until T.N.Seshan came and decided to put his down on erring Politicians and Political parties. But then, the Politicians joined together – and tried to dilute the set-up by making it a 3 member commission. The dilution did lead to some problems initially – but it is now moving more or less on Seshan lines. But, there are any number of Electoral reforms, which are overdue in India – and Government is no hurry to bring them.
Look at the RTI Act. Government under Dr.Manmohan Singh was exuberant in bringing the RTI Act. It was a very well-meaning Act – and must be totally credited to Dr.Manmohan Singh. There is no doubt, that in practical terms, some changes are required in the act – even while keeping the Act an effective Instrument in the hands of the public for settling their grievances. But, some politicians in the Government, at the centre and the states, are becoming increasingly restive – that the RTI is embarrassing them no end. The very fact that RTI Activists are being attacked by ruthless elements and getting even killed – tells a sad story on the Indian Democracy.
The CVC is one institution – which can do a lot of things to reduce corruption significantly. But, its effectiveness today – is much less than what we expect. Mr.Vittal was a charismatic person when he was heading it – but, corruption did not see much significant downturn because of CVC – for various reasons. Some guidelines formulated by CVC were good, especially in respect of tendering practices, e-governance etc – but, their effectiveness did not match the requirements of India to the required level.
The CAG was another institution – that was dormant until recently. The present CAG seems to have given it some life. Some politicians call it a Government auditor – who should merely state facts and not give opinions. But, let us not forget the fact that when Satyam computers was embroiled in the frauds committed by its founder directors – many heads rolled in its Audit firm, for not pointing out the frauds. Therefore, CAG as Auditor must unearth Frauds and also the scope for frauds – as indicated by the records submitted to him. And, Government must therefore submit ALL RECORDS that CAG needs, for this purpose. CAG is also fallible, like any other institution, but then, he submits his observations only to the Parliament and State legislatures – and leaves them to ACT on them. He is not going to ACT on them at all.
Let us face the facts – most CAG observations – do not receive the attention they deserve. If 2G did – it is because, it was already attracting attention for many other reasons. If CWG did – it was because, it was also already attracting lot of attention. And in all these, there is a clear smell of corruption. What is happening in Air India – is another matter. We are all able to see that it is mismanaged at all levels. Even CAG is not needed to tell us this. But, we do need a strong, able, efficient, independent CAG – to tell us facts and their implications – as he sees. There is absolutely no need for keeping his observations secret. Once they are tabled in Parliament, Public too must be made aware of it through web site and other means. Transparency in Governance goes a long way – in ensuring Good Governance.
Same goes with CBI. It is nobody’s belief – that CBI is anywhere near being as effective as CAI or FBI etc. But, Indians believe that it is much better than the Indian Police in any state. There is need to ensure better recruitment, better investigation methods, much more pro-activeness in investigation and so on. All this means – it needs some more Independence from Politicians in these matters.
I am not going to talk about the Supreme Court. Just Hats off to them – for many of their active interventions of the recent years. They have certainly restored some sanity in many places, where there wasn’t any.
Now – why do we need a strong LokPal for India? Many politicians, even now, claim that LokPal is not going to reduce corruption much in India. Are they voicing their HOPE, or, are they voicing an OPINION, is clearly UNCLEAR.
The intent must be to reduce corruption significantly. Where this will is there, we can find ways to make it happen through LokPal as well. Surely, we also do need Lok Ayukth in all states – on the same lines as LokPal at the Centre. And, this should not depend on the state CM’s wish – it must become a must in all states. Corruption in most states is at very high levels. And, most politicians do agree on that.
Will LokPal become a reality in winter session of Parliament? Now that Congress and BJP both seem to have agreed on this – will both of them bring LokAyukth in their respective states – immediately after the LokPal Bill is passed by Parliament?
The talk of making the LokPal a constitutional Authority – has clearly sent wrong signals to the Team Anna. If 2/3rds majority is needed – it is enough if Congress and BJP agree. But, if Congress wants all of its allies to agree, and all other smaller parties to agree , and wants that there should be a consensus – clearly, it is not going to happen. The women’s Bill hasn’t happened because of such reasons. Consensus is not going to come in Indian Parliament for many Bills. We must be able to pass any Bill – if we can get 2/3rds majority in the Parliament – and in respect of State related subjects also – if we can get a Bill centrally passed with 2/3rds majority in Parliament and 2/3rds of state Assemblies, this must be enough for all states.
This means that – LokPal Bill can be passed with 2/3rds majority in Parliament easily – if Congress and BJP agree. It is not that all other Parties are to be ignored. By all means, take all their opinions, but go by 2/3rds majority of such agreed opinions. Government should not wait for total consensus.
This implies that the standing committee – must come up with such a mutually agreed Draft Bill of the committee - to the Parliament so that 2/3rds majority is assured. This further implies that objections from one or two smaller parties or Individual MPs must not be a reason for not passing the Bill – in the name of Consensus. This must be so - even if such smaller partiers happen to be the allies of the Ruling coalition.
There are many things in which Governments some times say – I have tried – but they all did not co-operate. THEY ALL will never co-operate. Some Individuals will always differ. That is why – 2/3rds majority support is considered GOOD ENOUGH – for any Bill.
Will the Government adopt such a course of pragmatic, Result-oriented Action in the winter session?
The Biggest Gap in the world is COMMUNICATION GAP. Governments especially must be communicating all that they are intending and all that they are doing. In India, even now – SECRECY is considered a Great Virtue – which it is not. For instance – what comes before a Parliament (except Budget) can always come after a significant public Debate! Why should it be very secret? Why should not the standing Committee – always keep its thoughts public? After all these are not final decisions, but mere intermediate thoughts. Let there be a public debate on whatever it is proposing. Public debate is enlightening, but not binding on it. It can accept the best of opinions arising out of such debate, incorporate in the Draft Bill and get it approved by the 2/3rds majority.
Dr.Abhishek Manu Singhvi, the Chairman of the standing committee – has been making very pragmatic statements on the LokPal Bill. I do hope, he will consider these aspects and adopt a transparent approach in formulating the LokPal Bill.
One of the prime actors in the LokPal Bill movement is – obviously Anna Hazare and Team Anna. In the History of Independent India, there has never been a movement as strong as this – and for a cause as far reaching as this. Now – why are they still not confident that Government will or will not really come up with a strong LokPal Bill? Why are they suspicious of the whole process? Why are they intent on campaigning against the Ruling Party – in elections coming up - even before the winter session? By what rationale can one justify the stand of Anna and Team Anna?
Team Anna probably, genuinely believes that if Government is talking of making LokPal a CONSTITUTIONAL AUTHORITY, it is with the intention of not passing the Bill, delaying it indefinitely and finding scapegoats among the Opposition Parties for failure to pass the Bill with the requisite 2/3rds majority, or worse still, for not arriving at a consensus. The women’s reservation Bill, some taxation Bills etc are examples that – in the name of finding consensus – things can be delayed forever. If government is unsure of 2/3rds majority – it would be worthwhile to pass it with simple majority and make LokPal a statutory authority first. Then Government can go further - for making it a constitutional Authority. But it must pass the LokPal Bill any way – in the winter session. Corruption in India does not brook further delays. Likewise, Government must seriously find ways of making the LokAyukth a reality in all states – and make all appointments to these institutions - apolitical.
A strong assurance from the Government, and from the standing Committee chairman – will go a long way in alleviating the fears of Team Anna and general public on these aspects.
Is that the only reason why Team Anna is so suspicious about the Ruling Party?
There is a saying in my language that – the distance from my house to your house will be exactly equal to the distance from your house to my house!
Its meaning is very, very simple. The way you treat me today will be the same way I will treat you tomorrow. It is as simple as that.
Anna and Team Anna were campaigning against corruption and for Jan LokPal Bill consistently – and not against any Political Party initially. It was the same with Baba RamDev too. I remember that Baba RamDev was even against bringing the PM under the ambit of LokPal.
But, how did the Government treat Baba RamDev and his movement and Team Anna and their movement? That’s no way a Government treats a peaceful movement for such a just cause – especially in the land of Gandhiji.
Even today – Government is still pursuing vindictive measures against RamDev and members of Team Anna - and public clearly see them as vindictive measures. More importantly RamDevji and Team Anna do see them as clear vindictive measures. These were not in the natural flow of governance. Out of over one lakh NGOs and trusts – those of Baba RamDev and Team Anna were singled out for hounding and that too – after their peaceful movement – for what people see as a Good Cause. And – look at the way – some Ruling Party Politicians used highly offensive words against RamDev and Team Anna members! It was wholly unnecessary.
So – why RamDevji or Team Anna should hold any Great Love for the Ruling Party – or Government, which is so vindictive for peacefully agitating for a JUST CAUSE? They may even be justified to campaign against the vindictiveness of Government itself. So, why they will not campaign against Government’s apparent, half hearted approach and support to LokPal Bill, which has become their Life’s goal? Their mood and actions may just be instinctive and not planned that way – but it happens. If X is against Y so much – Y also feels that way towards X.
So – will the Government withdraw all such vindictive measures initiated by it against Baba RamDev and Team Anna - and allow them to settle any small issues with the authorities concerned in a more peaceful way as permitted under law? General public also would also be very been happy if some compensation gets declared for Ms.RajBala’s family. If Government comes forward this way – I feel, Team Anna and RamDevji will also be coming forward to help the Government in formulating and carrying the LokPal Bill through, with greater understanding and lesser suspicion.
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