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Lokpal panel postpones sticky issues by Gargi Parsai
In its fourth meeting here, the joint draft panel on Lokpal Bill converged on half of the 40 points listed in the basic principles tabled by the civil society members, but postponed decision on contentious issues including bringing the Prime Minister and higher judiciary under the purview of the Lokpal/lokayukta..

Based on public consultations and hearings, the civil society members gave to the government, another list of “extra 31 basic principles” which will be discussed in the next meeting.

Significantly, it took four meetings of the joint draft panel for civil society members and the government to understand each other's vision of Lokpal under the proposed Bill.

In fact, the meeting on Monday threw up the difference in the perception of Lokpal on the part of the two sides. The government viewed Lokpal to be an 11-member body that will have quasi-judicial powers and will pass orders. The civil society felt this model would over-burden Lokpal and make it unwieldy.

On the other hand, the civil society members led by Anna Hazare visualised Lokpal to be an institution headed by an 11-member body with quasi-judicial powers. There would be several officers under that body, who would be designated authorities under the Act and would each have quasi judicial powers under the proposed Act. The government said it will examine this structure of Lokpal and get back to the panel.

Consistent with their vision of Lokpal/Lokayukta to be an independent and autonomous body with powers to investigate and prosecute corruption cases, the civil society members want to merge in the Lokpal Bill, the anti-corruption wing of the Central Bureau of Investigation, the Central Vigilance Committee, and the vigilance wings of all departments, and the power to tap telephones under the Indian Telegraph Act. These sticky issues have been postponed for further discussion.

No agreement

Among other issues, there was no agreement on raising the maximum punishment for corruption to life imprisonment as also on the quantum of punishment to commensurate with the rank and position of the accused and on empowering the Lokpal/Lokayukta to recommend the number of special courts required for speedy trials, which shall be binding on the government.

There was also no convergence on the format for each bureaucrat, politician and judge to submit his/her statement on annual basis and posted on a website. The government wanted the Prime Minister and the Chief Justice to decide the format.

Decision on inclusion of public grievances and whether whistleblower's protection would come under Lokpal or a separate Bill that is before the standing committee too, was postponed.

At the end of the three hour meeting, Union Human Resource Development Minister and panel member Kapil Sibal told journalists that the Bill will be ready by June 30 and will be introduced in the monsoon session of Parliament. He said the government had set up a website to invite comments and suggestions from other activists were “welcome.”

Describing the meeting as “very constructive,” he said: “All the points in the basic principles have been discussed. There is convergence on about 50 per cent points. Some points have been agreed in principle. On some other there will be further discussion. Discussions will have to be consistent with other statutes and constitutional principles.”

Civil society members Prashant Bhushan and Arvind Kejriwal said there was agreement on some points and agreement ‘in principle' on some others. “Government has not rejected anything outright.” However, it is learnt the government may re-visit the agreed principles for methodology, drafting and wording suggesting that it may be a long-drawn battle ahead. The next meeting is slated for May 30.