THE LOKPAL BILL - NO JOKES, FIRST STEP IN RIGHT DIRECTION!

By Ruma Dubey

The Lokpal Bill which the Parliament passed in the 12 days session, the only constructive work done in so many months, is historic. The RTI which we now have in place is a watered down version of what was originally planned, yet look at the sheer power of this Bill. Similarly, the Lokpal which we will have now is much milder than what should have been ideally passed but even this version is very effective; better to have this Bill in place than nothing at all.

Lokpal is the literal sense, a Hindi word, means ‘protector of the people’ and this Bill aims to be true to its words. Born out of rampant corruption, this Bill aims to curb corruption by punishing bribe taking officials and basically, bring down (rooting out such a deep rooted poisonous ivy seems impossible) corruption in the public sector.

Does this mean that only the public sector is corrupt and the entire private sector is pure, never indulge in corruption? Now this is simply false; where there are people wielding some power, be it a peon or a purchase manager, corruption is inevitable. So to say that only the PSU employees are corrupt and private sector employees are not is naïve. Both take bribes with no sense of guilt and with equal gumption. But the only difference is that in the PSU sector, corruption has simmered down right to the bottom of the organisation pyramid whereas in the private sector, it is still mostly restricted to the top and middle rung. But if given time, it will not take time for this to percolate down to the bottom. Thus if the aim of the Lokpal is to weed out corruption from the system, it needs to encompass the public and the private sector. The various scams – 2G, Coalgate, CWG and many more; all have amply shown the equally predominant role of the private sector too when it came to corruption. Both work hand-in-glove so to bring only the hand and not the glove, makes no sense.

Let us take a look at some of the salient features of this landmark Bill; after all, we could live in a ‘less corrupt’ India some years on…

• The Lokpal will be appointed by a panel of Prime Minister, Leader of Opposition (Lok Sabha) and Chief Justice of India.
• The composition of the Lokpal will be a Chairperson and up to 8 members (at least 4 judicial members). Anna Hazare had wanted 10 members here. There is reservation here too – 50% members of Lokpal shall be from among SC, ST, OBCs, minorities and women.
• The tenure of the Chairperson will be 5 years or till he is 70 years.
• The Chairperson will be a current or former Chief Justice of India or judge of Supreme Court. The judicial members will be current or former judges of SC or Chief Justices of HC. Non judicial members have to have a record of impeccable” integrity, with at least 25 years of experience in anti corruption policy, public administration, vigilance or finance.
• Lokpal members cannot be affiliated to any political party, so all MPs, MLAs or anyone connected to any political party cannot be a member of the Lokpal.
• The Lokpal may be removed by an order of the President after an inquiry by the Supreme Court. And the SC can probe Lokpal member after a petition signed by at least 100 Members of Parliament.
• The Lokpal covers all corruption cases under the Prevention of Corruption Act, 1988 (PCA). It covers the PM after he has demitted the office, MPs, Ministers, ‘Group A’ officers, any ‘Group A’ officer in a company or body owned by the government, any officer of a society or trust that is financed by the government or through public funds. It excludes judiciary and any action of an MP in the Parliament or Committee. The National Campaign for People’s Right to Information (NCPRI) had rightly suggested inclusion of the private sector if it receives licenses or contracts etc in violation of any law.
• The Prime Minister will be under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the PM. Also Inquiry against the prime minister has to be held in-camera and approved by two-thirds of the full bench of the Lokpal.
• So how does the Lokpal conduct an investigation? On receiving a complaint against a public servant, the Lokpal shall either itself or direct its investigation wing to conduct a preliminary investigation within 30 days. If there is no prima facie case, the matter will be closed. If a prima facie case is made out, Lokpal will inquire into the case after giving suitable opportunity to the public servant of being heard. No sanction shall be required by the Lokpal to inquire any complaint against a public servant. The accused has the right to inspect the documents in connection with his alleged offence.
• The inquiry is timebound and will not go on and on for generations to come. The moment a complaint is received against a Lokpal employee, inquiry has to be completed within 30 days of the complaint. And in cases where the Lokpal is investigating the public complaints, the inquiry shall be completed within six months. It may be extended for six more months after the Lokpal gives reasons in writing.
• If found guilty, the maximum punishment is for 10 years and if a person is found to have made false and frivolous complaints, he will then be penalized with two to five years of jail and fine of Rs 25,000 to Rs 2 lakh.
• Each state must have a Lokayukta within one year of the notification of the Lokpal Act and each state has the freedom to determine the nature and type of Lokayukta.

It is most certainly not a “Jokepal”; it is a very serious Bill and the first step in the right direction. Yes, it is a watered down version of the original but at least something is better than nothing. Now we hope that the Lokpal inaugurates its office by first bringing the ex-CM of Maharashtra, Ashok Chavan under investigation. The Adarsh scam kingpin, even after CBI had enough proof against him is now protected by the State Govt from being prosecuted. Well, if they can pin him first, that will be a reason enough to truly celebrate.