The Hindu – Cabinet sidesteps plea to keep CBI, CVC out of Lokpal purview

Amendments a farce: Hazare; Government not serious on autonomy, says BJP

Gargi Parsai

New Delhi, 31 January 2013. Nearly two years after anti-corruption activist Anna Hazare and his team had begun their crusade for a strong and independent Lokpal, the Union Cabinet on Thursday approved amendments to the official version of the Lokpal and Lokayuktas Bill, 2011, based on suggestions made by the Select Committee of the Rajya Sabha, represented by all major political parties.

The amendments were promptly dismissed by Mr. Hazare as “a farce,” while the BJP accused the government of not being serious about making Lokpal appointment free from government control and providing the Central Bureau of Investigation autonomy. The party also questioned its right to make amendments, saying the legislation was a property of the House and any change could be made only by the Rajya Sabha.

The Cabinet approved the committee’s suggestions for delinking the Central government from creation of Lokayuktas in the States, and for appointment of a Director of Prosecution by the Central Vigilance Commission under the CBI Director.

While the overwhelming demand for taking the CBI and the CVC out of the purview of the ombudsman was not even on the agenda, the Cabinet rejected the committee recommendation that the Lokpal’s approval be sought for transfer of CBI officers investigating cases referred to by it. This, the government maintained, was an administrative matter so that the “smooth functioning of CBI would not suffer.”

While approving the amendment on establishment of Lokayuktas, the Cabinet upheld the suggestion that the States enact the institution of Lokayukta within a year of the notification of the Lokpal Bill with freedom to decide the contours of the Act.

The power to grant sanction for prosecution of public servants will shift from the government to the Lokpal.

The Cabinet did not accept a key suggestion that a public servant facing an inquiry need not be given a hearing during preliminary inquiry and also before ordering regular investigation by the Lokpal.

The Lokpal can order an investigation straight away (without a preliminary inquiry) if a prima facie case exists, but only after calling for explanation from the public servant.

Only those bodies or authorities set up under any Central or State Act providing for administration of public religious or charitable trusts or societies for religious or charitable purposes, registered under the Societies Registration Act, would be exempt from Lokpal purview.

The Cabinet approved the suggestion that the fifth member (an eminent jurist) of the selection committee for appointment of the Lokpal be nominated by the President on the recommendation of the panel members. This committee shall comprise the Prime Minister, the Lok Sabha Speaker, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India.

“The government has accepted 14 of the 16 amendments recommended by the Select Committee,” Minister for Personnel V. Narayanasamy said after the Cabinet meeting.

The amendments of the government will have to be approved when the Bill comes up for passage in the Rajya Sabha ostensibly during the budget session. If the amendments are carried, the amended Bill will go back to the Lok Sabha for fresh approval. The Lok Sabha passed the Bill in December 2011.

http://www.thehindu.com/news/national/cabinet-sidesteps-plea-to-keep-cbi-cvc-out-of-lokpal-purview/article4365247.ece

BBC News – India anti-corruption Lokpal bill tabled in parliament

Monday 21 May 2012. India’s controversial anti-corruption Lokpal bill has been re-introduced in the Rajya Sabha, the upper house of parliament.

The bill, which empowers an independent ombudsman to prosecute politicians and civil servants, was passed by the Lok Sabha, the lower house, in December.

A heated debate in the Rajya Sabha then had seen hundreds of amendments put forward.

But the house had been adjourned amid chaos without a vote.

Leading anti-corruption activist Anna Hazare has been campaigning for a tough Lokpal bill and has called the government bill “useless”.

Mr Hazare’s main complaint is that the bill proposes keeping India’s top investigation agency, CBI, out of the purview of the ombudsman.

In other words, the nine-member Lokpal committee – which would include the ombudsman – would not have its own investigative agency, a major demand of anti-corruption activists like Mr Hazare and many opposition parties.

His 12-day fast in August received widespread support, with tens of thousands of people attending protests across the country.

He had started another hunger strike in December but called it off and threatened instead to launch a campaign of civil disobedience that would fill the country’s jails.

Mr Hazare and his supporters say that tougher measures are required in the bill if it is to prove effective at reducing the level of corruption.

The Indian government has been rocked by recent corruption scandals including an alleged telecoms bribery scam that may have cost the country $39bn (£23bn), suspected financial malpractice linked to the Delhi 2010 Commonwealth Games and accusation that homes for war widows were diverted to civil servants.

http://www.bbc.co.uk/news/world-asia-india-18141956

The Asian Age – All-party meet on Lokpal tomorrow

Asian Age Correspondent

New Delhi, 22 March 2012. Prime Minister Manmohan Singh has called an all-party meeting on Friday in an effort to end the deadlock over the Lokpal Bill, which could not be passed on the last day of the Winter Session in the Rajya Sabha amid pandemonium.

The meeting of Rajya Sabha parliamentary party leaders will be held at Dr Singh’s 7 Race Course Road residence at noon on Friday. Parliament will not meet that day due to festivals like Gudi Padwa and Ugadi.

The government is keen to get the Lokpal Bill passed in the Upper House as the Opposition and social activist Anna Hazare have stepped up pressure on the issue.

Mr Hazare has said he will go on fast from Sunday if the bill is not passed, while the BJP said in the Upper House that the debate and amendments to the bill should be taken up from where they were left on the night of December 29, when the House was adjourned amid chaos. The Lok Sabha has already passed the bill.

The government might drop clauses in the bill on setting up of lokayuktas in states, which drew stiff opposition from several quarters.

http://www.asianage.com/india/all-party-meet-lokpal-tomorrow-009

The Hindu – Lokpal Bill to come up in Rajya Sabha during Budget session

New Delhi, 7 February 2012. The much talked about Lokpal Bill is expected to be brought again for consideration in the Rajya Sabha during the second phase of the Budget session of Parliament.

“The Bill is on the live register of the Rajya Sabha and it will now be taken up only in the second phase of the Budget session,” an official said.   The Budget session begins on March 12, 2012 with President Pratibha Patil addressing the joint sitting of members of both the Houses of Parliament and its second part will be held from April 24, 2012 to May 22, 2012.

The Lokpal Bill was passed by the Lok Sabha during the winter session but later a political war broke out between the government and the opposition as the Bill could not be passed in the Upper House, with both sides accusing each other of carrying out “well-choreographed” chaos to scuttle it.   The opposition had charged the government with running away from a vote because of lack of majority in the House.

The government had then stated that the Bill was “alive” and would be taken up in the Budget session for passage.

In all its charges and counter charges, the government had ensured that it does not in any way annoy its ally Trinamool Congress, which had ganged up with the opposition and declared that it would vote against the provisions relating to Lokayuktas.

By May this year, the strength of the Congress and its allies is expected to rise slightly in the Upper House after biennial elections in several seats. The United Progressive Alliance does not have a majority in the House. (PTI)

http://www.thehindu.com/news/national/article2869439.ece

The Asian Age – Anna farce ends, politics begins

Pratik Salunke and Shobhan Singh, Asian Age Correspondents

Mumbai, 29 December 2011. Discouraged by his deteriorating health and the lukewarm response that his protest has drawn, anti-corruption crusader Anna Hazare on Wednesday called off his three-day fast on its second day, as well as the nationwide “jail bharo” agitation planned from Friday. Team Anna will now concentrate on an “awareness campaign” by touring the five election-bound states, he said, and will intensify its agitation ahead of the 2014 general election.

Team Anna members said Mr Hazare, who left for the government guesthouse where he is staying in Mumbai immediately after calling off his fast prematurely, will leave for his native village Ralegan Siddhi on Thursday morning.

“This is not democracy, it is dictatorship. Corruption, hooliganism and blatant looting still prevail after Independence.

I’m calling off my fast, but we will tour the five poll-bound states as well as the nation later for the 2014 national elections,” Mr Hazare said on Wednesday, adding: “We will create awareness amongst the people and ask them not to vote for those who have betrayed the nation.”

Running a temperature of 100ºF on the second day of his fast, Mr Hazare said he would nevertheless continue with his agitation. “What we are seeing today in Parliament is tragic. Parliamentarians themselves are unsure about the Jan Lokpal Bill. There are still two years left for the national elections, and we will wake the nation up before that,” he said.

India today was a poor country, Mr Hazare pointed out. “The country that was once remembered as the golden bird is now unable to even pay its debts,” he said. The turnout at the MMRDA Ground increased marginally on the second day; the crowd stood and cheered as Mr Hazare came on to the stage. At a press conference that followed, Mr Hazare faced certain sharp questions. When asked about the low turnout, he said: “This is not right. I don’t have money and power.

Is the crowd in front of us less? One day you will definitely see how the public will react.” Mr Hazare soon walked out of the press conference due to his poor health.

When asked if Team Anna was targeting Congress and if it would also protest against the other parties opposing the Lokpal, Mr Hazare said: “I don’t think there is any need to oppose the other parties.”

For most of the day, Mr Hazare stayed in an anteroom due to his deteriorating health. At around 6.45 pm, he ended his fast, with Pratiksha Khandale, a child from Ralegan Siddhi, giving him lemonade. He appealed to people fasting along with him across the country to break their fast too.

http://www.asianage.com/mumbai/anna-farce-ends-politics-begins-345

The Hindu – Sonia blames BJP for defeat of Constitution Amendment Bill

New Delhi, 28 December 2011. Congress president Sonia Gandhi on Wednesday blamed the Bharatiya Janata Party for the defeat of Constitution Amendment Bill on Lokpal, saying it exposed its “real face”.

Ms. Gandhi said the BJP had actually committed itself to supporting Constitutional status to Lokpal in the Standing Committee deliberations.

“But yesterday, we saw their real face. The strength we wanted to give to Lokpal Bill, they did not want it and voted against it,” Ms. Gandhi told reporters here.

She did not respond to questions on how the government will get the bill passed in Rajya Sabha as it does not have the numbers. “Happy New Year to you all,” she said as media persons persisted with the query.

Her comments came as government faced an embarrassment in the Lok Sabha on Tuesday as it could not muster the requisite two-third majority for passing the bill that provides Constitutional status to Lokpal and Lokayuktas. (PTI)

http://www.thehindu.com/news/national/article2754275.ece

The Tribune – Team Anna writes to PM; ‘Merge CBI’s probe wing with Lokpal’

Tribune News Service

Mumbai, December 25. In an open letter to Prime Minister Manmohan Singh, India Against Corruption (IAC) which is backing Anna Hazare, protested the shape of the proposed Lokpal law and hoped that the parliamentary debate would give the ombudsman more teeth. “While we are on record with our displeasure over the current draft of the bill, we are also keen that the best possible law should now emerge from the debate in the people’s Houses,” (IAC) said.

Reiterating the demand of Team Anna that the investigations wing of the CBI be merged with the Lokpal, the letter also demanded that the anti-corruption bureaus and vigilance departments in the states be merged with the Lokayuktas. However, should this not be possible the Lokpal and Lokayuktas should have their own investigative wings which should have exclusive jurisdiction over cases under the Prevention of Corruption Act, the letter suggested. The third option suggested in the letter was handing over administrative and financial control of the CBI to the Lokpal.

Team Anna is also demanding that panel set up to select the Lokpal comprise a larger section of society. Apart from the PM, leader of opposition in the Lok Sabha, Hazare’s supporters want two judges from the Supreme Court judges, the Comptroller and Auditor General, the Central Vigilance Commissioner and the Chief Election Commissioner to be on the selection committee.

“Without these provisions, the Lokpal bill will be just another law – one among many that have proven ineffective so far,” the letter said.

The letter also demanded that the Lokpal and Lokayuktas be given powers to initiate investigations suo motu without anyone lodging a complaint. “It should also not be required to alert the accused through preliminary enquiry or hearing before filing an FIR,” the letter said.

Team Anna also demanded that the Lokpal/Lokayukta’s jurisdiction should include Class C and D officers directly. On the selection of the Lokpal, Team Anna said it should be through the consensus of the selection panel.

“Selection committee should consist of Prime Minister, Leader of Opposition, two judges to be nominated by collegium of Supreme Court judges, CAG, CVC and CEC. Search committee to suggest nominees should consist of former Chief Justices, Former CAG, former CVC and former CEC. A detailed selection procedure should be prescribed in the law itself,” the letter said.

http://www.tribuneindia.com/2011/20111226/main3.htm

The Hindu – Support on streets drives up Lokpal Bill in the House

With polls round the corner, Congress wants to pass the Bill to get Team Anna off its back

Smita Gupta

New Delhi, 24 December 2011. Most MPs are opposed to the Lokpal and Lokayuktas Bill, 2011, which was introduced in the Lok Sabha on Thursday, just as they were opposed to the Women’s Reservation Bill.

But the Lokpal Bill stands a better chance of being enacted. Unlike the Women’s Reservation Bill, which had no support on the streets, the anti-corruption law has a powerful driver outside Parliament — the fear of Team Anna and its capacity to mobilise public opinion, especially among the middle classes, the covert political backing it is getting from the Bharatiya Janata Party and the Sangh Parivar — and finally, the 24X7 media coverage, especially by the television channels.

Even the non-Congress parties — including the Left, which made fiery speeches on the importance of maintaining the sovereignty of Parliament on Thursday and which have used various forums to attack Team Anna obliquely or directly — were lured by the promise of full television coverage into joining the public debate at Jantar Mantar on December 11.

Many MPs got so carried away by the heady atmosphere at the venue that they deviated from the stand they have been taking otherwise to be in tune with Team Anna. But in the sobering environs of the Lok Sabha on Thursday, they all stood as one, asserting the primacy of Parliament and the Constitution.

If Team Anna has been the driver for MPs across political parties, there is also a difference in the Congress leadership’s attitude to the two Bills. In the case of the Women’s Reservation Bill, while the Congress pulled out all the stops to push it through the Rajya Sabha in March 2010 to please its president Sonia Gandhi, it wasn’t willing to do so in the Lok Sabha, repeating the magic phrase — “the need for consensus.”

But in the case of the Lokpal Bill, the Congress’ stand is very different. Not passing the Women’s Reservation Bill was not going to be a vote loser, as it did not appear to have much resonance outside Parliament, or even in the media.

But if the Congress-led United Progressive Alliance is seen as not doing enough to tackle corruption, it could adversely affect the Congress’ prospects not just in the five Assembly elections due next year, but also in the 2014 Lok Sabha elections. Its aim, therefore, is to get Team Anna off its back as quickly as possible, and the government is willing to do whatever it takes.

There is political will at the highest level in the Congress to get the Lokpal Bill through. Indeed, when the Opposition parties initially said they were not keen on extending the Lok Sabha session for three days, to December 27, 28 and 29, the government was firm, saying it was its prerogative to decide on such matters. It did not use the cover of the Opposition to push the passage of the Bill to a later date.

The UPA government, sources said, will strain every sinew next week to first push it through the Lok Sabha and then the Rajya Sabha. Of course, in the Rajya Sabha, it does not enjoy a majority, and could face amendments moved by the Opposition. If the Bill is passed with those amendments, it will have to return to the Lok Sabha for endorsement. If need be, the government is even considering a joint session to enact the law.

In the corridors of Parliament, the Lokpal Bill is being compared with the Women’s Reservation Bill — a Bill that most MPs, cutting across political lines, would be happier without, but are currently supporting, for fear of being labelled corrupt. Only the Shiv Sena has unequivocally opposed it, saying the enactment of the Lokpal Bill will lead to an authoritarian regime. The fact that the Sena’s Anant Geete was cheered from all corners of the House — unprecedented, perhaps, for the party — was indicative of the mood in the House .

Indeed, this underlying hostility to the Bill was underscored when the Rashtriya Janata Dal’s Lalu Prasad challenged the ruling coalition not to issue a whip to its constituents.

But a powerful external driver in the shape of Team Anna and the support it has whipped up on the streets are pushing up the Bill inexorably. The Women’s Reservation Bill, by contrast, has been hanging fire since 1996, though a majority in Parliament — the Congress, the BJP and the Left parties — are officially in favour of it. When it got through the Rajya Sabha in March 2010, it was after two days of high drama, the suspension of seven members — and some strong arm tactics by the UPA. It is yet to get through the Lok Sabha.

It would appear that the women’s groups need to take a few lessons from Team Anna in running a campaign.

http://www.thehindu.com/news/national/article2742023.ece

The Asian Age – ‘I will fight for Lokpal Bill’: Sonia

New Delhi, 21 December 2011. Asserting that she will fight for the passage of the Lokpal bill in Parliament, a combative Congress President Sonia Gandhi on Wednesday hit out at the Opposition for ‘obstructionist’ tactics and Team Anna for ‘deliberate and malicious’ criticism of the Government.

“We are being criticised and attacked for not tackling the scourge of corruption. This is deliberate and malicious misinformation,” Gandhi told the Congress Parliamentary Party (CPP) meeting without referring to Team Anna or Anna Hazare, who has threatened to go on a fast from December 27 over the Lokpal issue.

“I will fight for Lokpal and women’s reservation issue”, she told reporters close on the heels of telling the Parliamentary Party, “I cannot see any reason for us to be defeatist”.

She said that to tackle the issue of corruption, three bills with major implications are to be passed soon – those relating to the protection of whistle blowers, enhancing judicial accountability, strengthening anti-money laundering operations and controlling bribery of Indian public officials by foreign companies. (IANS)

http://www.asianage.com/india/i-will-fight-lokpal-bill-sonia-770   

The Hindu – Government mulling over steps to make Lokpal accountable

Also, it wants to ensure that complaints against PM are not motivated or frivolous

Smita Gupta

New Delhi, 17 December 2011. For the United Progressive Alliance government, a key issue of concern in the proposed Lokpal Bill is about who the proposed ombudsman will be accountable to: it is therefore, contemplating, informed sources said, putting in place a system by which if 100 MPs sign a petition against the chairman of the Lokpal Committee or one of its members, then the case will be referred to the Supreme Court.

Similarly, to ensure that complaints against the Prime Minister are not motivated or frivolous, the government is considering suggesting that at least three fourths of the members of the Lokpal Committee, at a full sitting, are party to it. The enquiry will be conducted in camera and the report sent to Parliament.

In the earlier government draft Bill, it was envisaged that the Prime Minister would be included within its ambit, but only after demitting office. However, under pressure from Team Anna, the government has decided to include the Prime Minister while in office, but felt that simply excluding decisions taken in the arena of national security or external affairs would not be enough. Hence, an additional safeguard.

To ensure the support of the parties espousing the cause of the Backward Classes, such as the Rashtriya Janata Dal, the Bahujan Samaj Party and the Lok Jan Shakti Party, the government will recommend that 50 per cent of the members of the Lokpal Committee be drawn from the SCs, the STs, the OBCs, minorities and women.

On Group C employees, the government has recommended that the enquiry and action be taken by the Central Vigilance Commission, and has proposed changes in the CVC Act to ensure that it exercises powers in respect of the lower bureaucracy similar to what the Lokpal will have for dealing with Group A and B employees.

The objections of the Central Bureau of Investigation have apparently been taken on board, and the government is likely to suggest that while the selection of future CBI directors will be done by a panel consisting of the Prime Minister, the Lokpal Chairman and the Leader of the Opposition in the Lok Sabha, and that the agency will investigate cases sent to it by the Lokpal, it will retain much of the independence it enjoys now.

All these suggestions are likely to be part of a note that will come up for consideration by the Cabinet on Monday. It is also learnt that, with social activist Anna Hazare threatening to go on fast on December 27 if the Lokpal Bill is not passed by then, the government may suggest to the Opposition that after a four-day break for Christmas — December 23 to 26 — Parliament could meet for three days, December 27, 28, and 29.

http://www.thehindu.com/news/national/article2721480.ece