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LATEST NEWS UPDATES | CPM sings a different tune on Lokayuktas by Manoj CG

CPM sings a different tune on Lokayuktas by Manoj CG

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published Published on Dec 23, 2011   modified Modified on Dec 23, 2011

Among the demands of the CPM, one of the fiercest critics of the government’s version of the Lokpal Bill, a key one is the inclusion of all government employees under the purview of the Lokpal.

Yet, in states that the party rules or has ruled, the Lokayukta Acts passed by CPM governments don’t give the institute such a reach.

In Tripura, the government passed a Lokayukta Act a year ago, leaving out not only the lower bureaucracy but the entire bureaucracy. The Act applies only to elected representatives — in the Assembly, municipal bodies and panchayats.

And in West Bengal, where an Act was passed by the then CPM government in 2004, the law applies only to public functionaries. The Act goes on to define public functionaries as the chief minister or a minister, an MLA or “any other person holding an office or post consequent upon an election held under any law for the time being in force”.

This is not the only provision in which the laws passed by CPM governments differ significantly from what the party is demanding now. For example, neither Act talks of a search committee to select the Lokayukta, whereas the party is vehement in its demand for such a committee for selection of the Lokpal and its members.

The Acts in both states say the Lokayukta would be appointed by the Governor on the advice of the Chief Minister in consultation with the Speaker and the Leader of the Opposition. The West Bengal Act also specifies that the Lokayukta would not investigate any complaint if the alleged act of corruption took place more than six months earlier. The Tripura Act sets it at one year. The Lokpal being proposed at the Centre is likely to get powers to investigate cases that are much older.

CPM general secretary Prakash Karat made light of the fact that the Tripura and Bengal Acts have excluded bureaucrats. The issue of bringing the higher and lower bureaucracies under the Lokpal to make them accountable, he said, came about in recent times. In the past, he said, the focus had been to make elected representatives accountable since a vigilance machinery was already in place to deal with bureaucrats. He said the Bengal and Tripura Acts reflected the need and mood of those times.

Again, neither the Tripura nor the Bengal Act talks about any restriction on appointment of a person with a background of trade, commerce or politics as Lokayukta. The only condition is that he has to sever his business links (short of divesting himself of ownership) and connection with the political party before entering office. For the Lokpal, the CPM central leadership’s view has been that “there should be no member drawn from commerce and industries just as there can be no politician.”


The Indian Express, 23 December, 2011, http://www.indianexpress.com/news/cpm-sings-a-different-tune-on-lokayuktas/891127/


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