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Super-government fears haunt MPs by Neena Vyas

There was wide criticism of the perceived attack on federalism

Members of Parliament across the political spectrum are apprehensive of what the establishment of a supreme Lokpal — answerable to none — may hold for the future of the parliamentary system of governance as India has known and for the entire political establishment.

Even as the process for the historic legislation for establishing a Lokpal began on Thursday with the introduction of the Bill for consideration and passage, fears were being openly – sometimes privately – expressed on a whole range of issues. There were clearly many uncomfortable questions.

There was a general view that against the backdrop of Team Anna's agitation, Parliament was being hustled into releasing some kind of genie from the bottle that will be difficult to put back and would, in time, make a hearty meal of democracy itself. There were also specific objections by many parties which said the Bill as presented by the government was unconstitutional as it trampled the principle of federalism and violated the `no reservation on the basis of religion' line.

There was wide criticism – from the Left to the Right and the Centre of the political spectrum – to the perceived attack on federalism as the Lokpal and Lokayuktas Bill “mandates” the creation of a Lokpal-like structure at the level of every State. The BJP's view was that the Lokayuktas could have been brought in under Article 252 of the Constitution, not under 253 as in the Bill. Basudev Acharya of the CPI (M) said his party would move an amendment “if it finds that the principle of federalism has been violated.” Most regional parties supported only an “enabling” model legislation for the States that was “not mandatory”.

The most exciting part of the political theatre that was played out in Parliament on Wednesday centred around the inclusion of minorities and women among those sections of society that must be represented in the Lokpal. Sushma Swaraj, Leader of the Opposition, was clear that “reservation” for “minorities and women” was unconstitutional, but on the floor of the House she focussed only on the minorities. The government, it seemed, had successfully isolated the BJP by creating the last minute confusion on whether the minorities were to be included in or excluded from among those to be represented on the new ombudsman. President of the Janata Dal (United) Sharad Yadav, an ally of the BJP, insisted that his party had no objection to inclusion of the minorities. And as for the Shiv Sena, it was in any case, opposed to the very creation of a Lokpal. One MP joked: “The BJP will now make it a Hindu-Muslim issue and all the secular parties will join hands.”

Sitting in the Central Hall of Parliament in the hours before the Bill was introduced, MPs were left wondering who the Lokpal would be accountable to. Were they about to create a supergovernment? While MPs could grill Ministers and the executive almost on a daily basis when Parliament is in session, who will question the functioning of the Lokpal and ensure its accountability?

Unanimity

There was almost complete unanimity – cutting across parties – that if MPs were to be free to vote “according to their conscience” and “not be subjected to party whips,” the Lokpal Bill would surely be defeated. In fact, some MPs said this much. Biju Janata Dal's Jay Panda has been publicly campaigning for a “free vote” on all Bills except on a motion of no confidence.

Anant Geete (Shiv Sena) said: “A powerful Lokpal would in fact upset the checks and balances in our Constitution and the principle of accountability in a parliamentary democracy even as it would erode the authority of the government of the day.” It was a very wrong move, he warned.

“Whence an honest Lokpal”

Samajwadi Party leader Mulayam Singh asked the million dollar question: “when almost everyone in the country is deemed to be corrupt [by the Anna team], from where will come an honest Lokpal? Will not a Lokpal be in a position to blackmail a duly elected government?”

The real feelings of MPs were reflected when there was loud thumping of desks in the House after not so flattering references to Anna Hazare and his team were made by some members. MPs of even those parties whose leaders had shared Mr. Anna's dais at Jantar Mantar here recently were unhappy that Parliament was being hustled into passing a legislation they feared could create a Frankenstein's monster.