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LATEST NEWS UPDATES | House panel likely to clear Lokayuktas in all states by Himanshi Dhawan

House panel likely to clear Lokayuktas in all states by Himanshi Dhawan

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published Published on Oct 17, 2011   modified Modified on Oct 17, 2011

The parliamentary standing committee on law and justice is veering around to recommending exclusion of lower bureaucracy from the purview of the proposed Lokpal and facilitating setting up of powerful Lokayuktas in all states.

While the panel is likely to endorse the government's bill on the basic structure of the Lokpal, including exclusion of lower bureaucracy, higher judiciary, citizen's charter and allowing PM with certain safeguards, it may also recommend that the Supreme Court judgment in the Jharkhand Mukti Morcha case be reviewed, allowing for stronger control of conduct of MPs. Anna Hazare had demanded that conduct of MPs inside Parliament be brought within the Lokpal but the panel is unlikely to accept it.

A major bone of contention -- also part of the Parliament resolution -- was inclusion of all government employees under the ambit of the Lokpal. This has been shot down by the committee and it appears unlikely that Team Anna's demand will be accepted. Most members feel that an 11-member Lokpal will not be able to efficiently handle 40-lakh government employees and may prove entirely ineffective as a result.

While the parliamentary committee is unlikely to accede to Hazare's demand of bringing conduct of MPs in Parliament within the ambit of the Lokpal bill, it could recommend review of the SC judgment in the JMM case that conduct of an MP in Parliament cannot be questioned in any court of law.

While the exclusion of judiciary from the ambit of the Lokpal has been fairly clear from the opinion of most witnesses who have appeared before the panel, certain issues continue to vex the panel including whether CBI and CVC should be brought within the anti-graft law.

Sources who have been tracking the proceedings said there was near unanimity that CBI should not be bifurcated as suggested in civil society's version of the bill. The Jan Lokpal bill had recommended that the investigative wing of CBI be taken over by the Lokpal. This is unlikely to be part of the panel's report though a detailed discussion on the powers of the Lokpal is still to happen.

Sources also said that while the panel was undecided on allowing Lokpal members powers of "search and seizure", there appeared to be consensus on the powers to tap phones. Civil society's bill had suggested that the Lokpal be allowed to tap phones and this was strongly disagreed to by the ministers in the joint drafting committee. The panel is likely to retain permission for tapping of phones with the home secretary's panel on the advice of the Lokpal.

On the issue of setting up Lokayukatas, a panel member said, "Lokayuktas in states are a strong possibility. We are exploring the legal modalities. The law could be made along the lines of the NHRC and the RTI making it mandatory for states to set up their units."

A source pointed out that there was hardly any debate on the issue of PM being brought within the Lokpal though the anti-corruption debate had centred around the issue. "Most people feel that PM should be exempted. There are some who feel that PM should be brought within the Act but with reasonable safeguards. The committee is examining the government's proposal but there is no one who has asked for the PM to be brought in without any exemptions," the source said.

The panel may recommend a sharp reduction in the punishment that has been elaborated in the government bill against a person whose complaint has been found false or frivolous. At present, the government draft suggests two-year imprisonment. This may be reduced to little or no prison term and only a monetary fine.

On the issue of making Lokpal a constitutional authority, the committee has received opinion from two former CJIs -- Justices J S Verma and M N Venkatachaliah -- who have explained that the proposed amendment can be passed in a day's time. The amendment required is a proviso under Article 368 of part 20 of the Constitution that governs the issue of the amendment of the Constitution.


The Times of India, 17 October, 2011, http://timesofindia.indiatimes.com/india/House-panel-likely-to-clear-Lokayuktas-in-all-states/articleshow/10381277.cms


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