lok pal bill

8/3/2019 Lok Pal Bill

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COVER STORY

Decentralisation of power is the crux'

VENKITESH RAMAKRISHNANInterview with social activist and Team Anna member ArvindKejriwal.

V. GANESAN

Arvind Kejriwal: "There should be a system through which people

are involved in the day-to-day decision-making."

THE organisational abilities of Arvind Kejriwal exhibited during the recent

Jan Lokpal Bill movement earned him the sobriquet Field Marshal of apeaceful agitation. The social activist and Ramon Magsaysay Award

winner played a significant role in conceiving the slogans, the symbolismand the trajectory of the movement. He is credited with anticipatingsome of the moves of the government and evolving effective responsesto them. However, at times he was accused of championing an extremistview, which militated against the larger interests of the movement. OnAugust 31, Frontline met Kejriwal at the Gurgaon hospital where Anna

Hazare was undergoing treatment before he proceeded to his hometown,Ralegan Siddhi in Maharashtra. Kejriwal spoke at length on the

immediate and future plans of Team Anna. Excerpts:

As many members of Team Anna have pointed out, one stage of

your movement is complete with the passage of the resolution inParliament. What are the future plans of the movement both interms of the Lokpal legislation and in terms of the larger issuesAnna Hazare and others have spoken about in the past few days?

Our primary focus will indeed be on the Jan Lokpal Bill and thedeliberations that are to come up both in the Standing Committee andlater in Parliament. Before taking this up, the core committee will meetat Ralegan Siddhi. We will keep a tab on the proceedings of the StandingCommittee and Parliament. Accordingly, the future course of action will

be planned. Simultaneously, the discussions on other proposed issuessuch as electoral reforms and judicial reforms, including the right to


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reject candidates in an election and the right to recall electedrepresentatives, would be initiated.

The agitation started essentially to seek a Jan Lokpal Bill, but the lakhsof people who came out on the streets have visions beyond the JLP andhave much larger expectations. They seem to be convinced that this time

the nation will change. Moreover, there is also an opportunity in the waythe whole country got united under the leadership of a credible leader. Ithink this is a huge opportunity for large-scale reforms in the system ofgovernance.

Decentralisation of political power, including decision-making, should bein the hands of the people. Voting every five years to hand over yourdestiny for the next five years to a few people turns the system into one

of oligarchy. There should be a system through which people areinvolved in day-to-day decision-making. And there are models available,

such as the gram sabhas and the mohalla [urban locality] sabhas. Theseare the key issues the core group is concerned about. Anna-ji hasalready indicated this as an important focus in the future course of the

movement. Now all of us will sit down and work out the details.

There is a view that your task will be all the more cumbersomebecause Team Anna has climbed down on its original demands.You started out demanding only the Jan Lokpal Bill and that tooby August 30. But now you have come around to accepting a

sense of the House resolution from Parliament.

The answer for this is not in our team but in the serious leadership crisis

in the government. They were constantly giving out contradictorysignals. In the last three days of the fast, these contradictory signals

were given out four times. The Prime Minister made a conciliatorystatement and then Congress general secretary Rahul Gandhi more or

less undid it by going off on a tangent. They initially agreed on aresolution, but later went back on it. It became clear to us thatParliament voting on a resolution containing Anna's three demands wasnot going to happen. Obviously, we had to change our strategy.

You also went back on the insistence to include the higherjudiciary under the purview of the Bill.

We have not gone back on our commitment to campaign for judicialreforms and get them implemented. The understanding now is that the

mechanisms for judicial accountability will be separate.

While Anna Hazare and the team have spelt out some of the

possible directions of electoral reforms, it is not clear how you

want to proceed with the campaign on judicial reforms,particularly after the new understanding.

The fundamental question vis-a-vis judicial reforms would indeed be why

the justice system is so expensive and why the delay. And we haveinstances of blatant corruption, which have come out from time to time.Whatever the mechanism, it needs to address the issues relating to

judicial accountability concretely and comprehensively.

Coming back to the legislation that is planned, there is a streamof opinion, which was also represented within Parliament, thatsome of the provisions of the JLP Bill are draconian. Theprovisions relating to the tapping of telephones and the

confiscation of property of those charged with corruption havebeen specifically highlighted in this regard. How are you planning

to address such issues when they come up before the Standing


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Committee?

There is already a provision that gives investigating agencies the power

to tap telephones under the Indian penal system. However, itnecessitates a sanction from the Home Secretary. We have onlydemanded that the authority for this permission should be shifted from

the Home Secretary to a Lokpal bench. For, there is a possibility that abureaucrat might leak the information on phone tapping to his/herpolitical bosses.

Similarly, the provision for confiscation of property has been suggestedto prevent loss of wealth to the country. We have seen in so manycorruption cases that people who have been proven guilty suffer asentence. Under the Prevention of Corruption Act, the maximum

punishment is seven years. After serving the sentence the guilty cancontinue to enjoy the wealth amassed at the cost of the national

exchequer. That is what we want to prevent.

However, we are open to talks with anyone on these objections. Since

December 1, 2010, to date, we have held public discussions with allsections of society across the country. That is why the present draft hasbeen revised 14 times. It has been put up on the website. That is how ithas been drafted [after taking public opinion into account]. If stillsomeone comes up with a suggestion, we are open to it. In generalterms, to call it draconian is not legitimate.

What if members of the Lokpal get into situations where theyhave to be investigated?

Let me ask you a counter question. We have independent agencies suchas the CVC [Central Vigilance Commission], the CAG [Comptroller and

Auditor General of India], the NHRC [National Human RightsCommission] and the Central Information Commission. Suppose the CAG

turns corrupt, what will you do? What if the CVC turns corrupt? Underthe law you can't do anything. But under the provisions of the Lokpal, acitizen can make a direct complaint in the Supreme Court against anyLokpal member. The Supreme Court will have the complaint investigatedin three months. If the complaint is genuine the member will be sacked.

Your movement addresses issues such as corruption andelectoral reforms, but it has no position on other nationallyimportant issues, such as land reforms.

Of course, there are any number of important issues. Butdecentralisation of power is the crux of the matter. Decentralisation of

political power would mean community control over natural resources. It

would mean the control of the gram sabha over all areas of governance.It would mean genuine land reforms. In its essence, the gram sabha, orthe general body of voters, should have all the powers to take decisionswith respect to a village. And they should have some advisory role in thedecisions on polices at the national level. Such detailing and charting onthis concept needs to be done. But we are moving towards that. We callit the Swaraj Movement.

What about issues such as liberalisation, the influence ofcorporate bigwigs on policymaking and the impact of neoliberalpolicies on the country and its people?

Every single issue is related to centralisation of power. When power is

centralised some people take decisions keeping aside the interests of thelarger sections of society. Now, if you decentralise the decision-making

process, you are allowing larger sections of society to participate in it.


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So, whether it is neoliberalisation or control over natural resources, largesections of society begin to participate in the decision-making process.

To blame corporates for all ills is wrong. Secondly, in every society orsector there are good people and bad people. They can be the cause ofcorruption as also the victims of corruption. The same businessman who

was the victim of corruption can be the cause of corruption and viceversa. So if you put the right system in place and implement it, you cantake care of people who can be the reasons for corruption. And, in any

case, would it not be easier to influence three Ministers rather than avillage with 20,000 people?

How would you quantify this whole idea of people's power?

Right now the forum to quantify people's power is the legislatures and

Parliament, but we have seen how these institutions have beenchallenged and subverted by vested interests. In the process, it has

tended to become an oligarchy rather than a democracy. So if you wantto understand the desire of the people, we need to have a platformwhere people can regularly participate and express their opinion in the

most structured fashion.

There is a view that even such platforms can be manipulated byvested interests and big-moneyed corporates. The argument isthat expecting the masses to have a solution for everything isreductionism and that all solutions should have a clear policy

perspective.

Who should define that policy perspective? The people should define it.

What do you think is easier: to influence a village with 20,000 orinfluence three Ministers? It is easier for the World Bank or large

corporates to influence a few Ministers rather than a large section of thepopulation. Different groups of intellectuals may have different policy

prescriptions. We can deepen our democracy only if people are involved.Let there be debates in our country. There is no platform for anystructured debates in our country. Half-an-hour debates on televisionshows or one-day seminars organised by non-governmentalorganisations cannot be a platform for decision-making. Because of this,there is a desperate vacuum in our democracy. In the United States,

they have town hall meetings every week, which are open to all people.The town is run on the basis of decisions taken at the meeting. The 73rd

amendment to the Constitution created gram sabhas. But the Statelegislature has not given them any powers. The real people's body has

been given no powers. We have to turn this around.

When you say the entire system is flawed, do you mean that all

laws are faulty?

I am talking about anti-corruption laws and systems. The Prevention ofCorruption Act, 1988, passed by the Rajiv Gandhi government, is abrilliant piece of legislation. But one section in it is flawed, which kills theefficacy of the entire law. According to Section 19 of that Act, beforeinitiating an investigation the CBI has to take sanction from a higher

authority. Such sections have been deliberately put in place to hinder thedelivery of justice. Nobody talks about these details. Journalists who

come to take my interview are interested only in broad details. Who willtalk of Section 19? We have made the CBI, but the CBI is in the control

of the people who are supposed to be investigated. If you ask me whatour Lokpal Bill is, I will define it thus: Making the anti-corruption wing of

the CBI independent of the government and calling it Lokpal. Nothingelse.


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You argue that it is wrong to blame corporates for all ills. It is,perhaps, natural that you would come up with a statement like

that because many members of Team Anna run their NGOs withcopious support from corporates and international fundingagencies. Even during the agitation, many of the free food stalls

were put up by big corporates or their fronts.As far as the funding of NGOs is concerned, all of us have put up ouraccounts in the public domain. Anybody can check them. As for the foodstalls during the agitation, as far as I know, we have given no stall toany corporate house. The permission to put up stalls was given to

individuals. Now, if any corporate house is claiming, privately or publicly,that we set up free food stalls during the agitation, I would request them

to reveal who was their front. I am sure that there would be somecampaign on this too. We have been accused of so many things,

including being against the Constitution. Because we are against theConstitution we are against Baba Ambedkar. Therefore, we are againstDalits. Then there was the campaign about there being Magsaysay Award

winners in Team Anna and hence it is being driven by the RockefellerFoundation and the Americans. This is all part of a motivated campaign.

So would Team Anna agree to Dalit and Other Backward Classesrepresentation in the Lokpal Bill?

Let us see what proposals come up before the Standing Committee and

then in Parliament. We will decide accordingly.

There are some personal allegations against you. One of them is

that you began working for the NGO before your resignation fromthe government was accepted. And that you obtained pecuniary

advantage from the NGO even while you were in government.

how:

Existing System System Proposed by civil societyNo politician or senior officer ever goes to

jail despite huge evidencebecause AntiCorruption Branch (ACB) and CBI directly

come under the government. Before startinginvestigation or initiating prosecution in anycase, they have to take permission from thesame bosses, against whom the case has to

be investigated.

Lokpal at centre and Lokayukta at state levelwill be independent bodies. ACB and CBIwill be merged into these bodies. They will

have power to initiate investigations andprosecution against any officer or politicianwithout needing anyones permission.Investigation should be completed within 1year and trial to get over in next 1year. Within two years, the corrupt shouldgo to jail.

No corrupt officer is dismissed from thejobbecause Central Vigilance Commission,which is supposed to dismiss corruptofficers, is only an advisory body. Whenever

it advises government to dismiss any seniorcorrupt officer, its advice is never

Lokpal and Lokayukta will have completepowers to order dismissal of a corruptofficer. CVC and all departmental vigilancewill be merged into Lokpal and state

vigilance will be merged into Lokayukta.


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implemented.

No action is taken against corruptjudges because permission is required fromthe Chief Justice of India to even register anFIR against corrupt judges.

Lokpal & Lokayukta shall have powers toinvestigate and prosecute any

judge without needing anyones permission.

Nowhere to go - People expose corruptionbut no action is taken on their complaints.

Lokpal & Lokayukta will have to enquireinto and hear every complaint.

There is so much corruption within CBIand vigilance departments. Their functioning is so secret that it encouragescorruption within these agencies.

All investigations in Lokpal & Lokayuktashall be transparent. After completion ofinvestigation, all case records shall be open to

public. Complaint against any staff of Lokpal

& Lokayukta shall be enquired andpunishment announced within two months.

Weak and corrupt people are appointedas heads of anti-corruption agencies.

Politicians will have absolutely no say inselections of Chairperson and members ofLokpal & Lokayukta. Selections will take

place through a transparent and publicparticipatory process.

Citizens face harassment in governmentoffices. Sometimes they are forced to pay

bribes. One can only complaint to seniorofficers. No action is taken on complaints

because senior officers also get their cut.

Lokpal & Lokayukta will get publicgrievances resolved in time bound manner,impose a penalty of Rs 250 per day of delayto be deducted from the salary of guilty

officer and award that amount ascompensation to the aggrieved citizen.

Nothing in law to recover ill gottenwealth. A corrupt person can come out of

jail and enjoy that money.

Loss caused to the government due tocorruptionwill be recovered from allaccused.

Small punishment forcorruption- Punishment for corruption isminimum 6 months and maximum 7 years.

Enhanced punishment - The punishmentwould be minimum 5 years and maximum oflife imprisonment.

COVER STORY

Why all in one?

USHA RAMANATHANGiven the experience with extraordinary powers vested in any institution, thewisdom of having a super-powerful body must be debated.
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SAJJAD HUSSAIN/AFP

TEAM ANNA MEMBER Arvind Kejriwal burns a copy of the government's LokpalBill during a protest in New Delhi on August 4.

IT is axiomatic that it is the state that has the exclusive power to make law. As is true of many axioms, this tooreflects reality only in part; various groups do, in fact, influence lawmaking. The Disabilities Act, 1995; theRight to Information Act, 2005; and the National Rural Employment Guarantee Act (NREGA), 2005, areobvious examples. Yet, alongside this experience is the intransigence of the state, which the Lokpal debate hasthrown into sharp focus.

The government's Lokpal Bill, 2011, was introduced in the Lok Sabha on August 4, following tough talking andhard bargaining by five members of a civil society team. Yet, this Bill manages to remain status quoist evenwhile ceding some ground. Its Lokpal' will be a chairperson with a maximum of eight other members, half ofwhom are to be judicial members. The pool from which it will draw its candidates is populated with sitting andretired judges of the Supreme Court and Chief Justices of High Courts. The appointment process, too, is more of

the same.

The government is, by instinct and practice, loath to dilute its control over what it creates, and the Lokpal Billtoo is witness to this. The chairperson or any other member is to be removed from office on the grounds ofmisbehaviour on a report from the Supreme Court, on the basis of an inquiry made by it. The Supreme Courtmay, however, act only when the reference has been made to it by the President, on a petition signed by atleast a hundred Members of Parliament or, again, by the President, on a petition from a citizen where thePresident is satisfied that such reference should be made.

Acceding to the demands of the team of five, the Bill has accepted the formula of a separate investigation wingand a prosecution wing to be constituted by and under the control of the Lokpal. There is relative fiscalautonomy where the Lokpal is to prepare its budget each year, which is to be sent to the Central governmentfor information.

The sticky issue of whether the Prime Minister should be subject to the Lokpal's scrutiny has been answered byincluding him after he has demitted the office of the Prime Minister. Ministers, MPs and high-rankingofficials are within this law, but not the lower bureaucracy.

The inclusion of any person belonging to any association of persons or trust (whether registered under any lawfor the time being in force or not) in receipt of any donation from the public is being read as a way of getting

back at a public that has placed the government in this difficult spot. The notable absence of corporations fromthe ambit of this Bill has drawn adverse comments, especially given the role corporations are to have had in somany recent scams.

Prosecution or disciplinary proceedings, the power of search or seizure, provisional attachment of assets, and thepower to recommend transfer or suspension of a public servant who is connected with allegations of corruptionare all in the Bill, as are provisions providing for declaration of assets and adverse inference where assets notdeclared are found in the possession of or in use by a public servant.

Perhaps the most striking deviation from extant law is the change in the nature of the sanction' power. Thepower of the executive to withhold sanction for prosecution has been a huge hurdle to holding the corrupt guilty.The government Bill hands over to the Lokpal the power to give or withhold sanction. The Jan Lokpal Bill, too,


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adopts this approach. Neither, however, acknowledges the changes that have been introduced in the Torture Bill,which, carefully, does not leave the power in anybody's discretion. It, instead, requires that where the decision isnot to allow prosecution, reasons have to be given, which may, then, be subject to judicial review. That places acheck on arbitrary use of power by any agency. The formula in the two Bills relocates the discretion in theLokpal but does not change the nature of that power to exercise discretion.

The presumption of good faith' that everything done by a public servant shall be presumed to be done in

good faith or intended to be done in the discharge of official functions or in exercise of his powers has beenretained.

Generally, then, the government Bill is more of the same with one significant change, some reluctant halfwaymeasures, and much that has been left unconsidered.

The Jan Lokpal Bill has moved through many versions. In June, version 2.3 was made available on the websiteof India Against Corruption (IAC). Mildly put, this Bill is markedly at variance with the government Bill. ThisBill envisages a Lokpal that would have administrative, financial and functional independence from thegovernment. To achieve this, the Lokpal is to have its own investigating agency, which it will supervise,monitor and direct. It will appoint and dispense with the services of its investigators.

The arm of the Central Bureau of Investigation (CBI) that investigates corruption is to be excised from it andsubsumed in the Lokpal. Some years ago, in an effort to give functional autonomy to the CBI from its politicalmasters, the Supreme Court shifted control of the CBI to place it in the Central Vigilance Commission (CVC).

The Jan Lokpal Bill works on the unreasoned belief that the Lokpal will not succumb to the temptations of suchextensive control over the investigating agency.

Powers of the Lokpal

The powers of the Lokpal are elaborate and have been set out in two clauses in the Bill. They include the powerto

Appoint judicial officers, prosecutors and senior counsel.

Initiate and monitor the progress of prosecution.

Attach property and assets acquired by corrupt means and to confiscate them in certain cases.

Recommend cancellation or modification of a lease, licence, permission, contract or agreement if it wasobtained by corrupt means, and to recommend blacklisting of a firm, company, contract or any other person

involved in an act of corruption. In this case, the public authority shall either comply with the recommendationor reject it within a month of receiving it. If rejected, the Lokpal may approach the appropriate High Courtseeking appropriate directions to be given to the public authority.

Ensure due compliance of its orders by imposing penalties on persons failing to comply with its orders.

Initiate suo motu appropriate action... on receipt of any information from any source about any corruption.

Make recommendations to public authorities, in consultation with them, to make changes in their workpractices to reduce the scope of corruption and whistle-blower victimisation, and the authority concerned is tosend a compliance report within two months.

Prepare a sentencing policy under the Prevention of Corruption Act and revis(e) it from time to time. This isan extraordinary prescription by which parliamentary power to detail the policy of punishment is moved to thediscretion of the Lokpal. The punishment for corruption can be set anywhere between six months and a lifesentence.

Prepare an appropriate reward scheme to encourage complaints from within and outside the government toreport acts and evidence of corruption.

Enquire into the statements of declaration of assets filed by all successful candidates after any election to anyseat in any House of Parliament.

Punish a public servant with imprisonment up to six months or fine or both if he fails to comply with its ordersfor ensuring the compliance.

Assume competence to investigate any offence under any other law while investigating an offence under thePrevention of Corruption Act.

Interception and monitoring of various media of communication can be undertaken at the behest of the Lokpal and a member of the core committee claimed recently that this was non-negotiable.

The breadth of the Lokpal's interest includes within it complaints of corruption against the Prime Minister,Ministers and MPs, and the higher judiciary, and these shall be looked into by a bench of seven members if theLokpal so decides. The Lokpal will, among its other functions, protect the whistle-blower and the Right to


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Information (RTI) activist; deal with grievances where there is a delay or non-performance in delivery ofservices; and ensure that its own staff does not practice corruption.

A complex appointment process and a complaints procedure by which anyone may complain to the SupremeCourt, which will then inquire and decide whether a Lokpal is guilty as charged, are the bulwarks offeredagainst excessive power corrupting the Lokpal.

The inadequacy of these protections has been raised and needs much discussion and reasoned debate.A multiplicity of powers to legislate, judge, punish and protect are to be placed in this institution of theLokpal. There are questions about constitutionality, separation of powers, checks and balances, and theconsequence of absolute power waiting to be addressed in this Bill. It does, however, provide a usefulcounterpoint to the government Bill.

A postscript: although having the Lokayuktas in the Act is one of the demands, the Jan Lokpal Bill does notelaborate on this theme and stops with stating that similar provisions for Lokayuktas... will have to beincorporated in the Bill.

The National Campaign for People's Right to Information (NCPRI) has proposed a basket of measures inplace of an omnibus law that vests all the power, and responsibility, in a Lokpal. These largely draw upon Billspending in Parliament and work at improving and strengthening them. These are the Judicial Standards andAccountability Bill, the Whistleblowers' Bill, the Lokpal Bill and the toughening up of the Central Vigilance

Commission Act, 2003. In addition, a National Grievance Redress Bill, 2011, has been drafted to cover thecomplaints that arise in the delivery of services.

The NCPRI position is that loading one institution with the work of dealing with corruption and inefficiency inthe lower bureaucracy, protecting whistle-blowers and RTI activists, and confronting big-ticket corruptionwould make for an impossible agenda. As for the judiciary, the independence of the judiciary must be preserved,as must the separation of powers; and dealing with matters of standards and corruption in the judiciary would

best be by a separate law. The NCPRI documents are offered as critiques and drafts meant to facilitatediscussion.

Suggestions emanating from the Lok Satta and the Foundation for Democratic Reforms reflect on the proposalscurrently on the table and open the door for discussion. A Bahujan Lokpal Bill, 2011, sent to the StandingCommittee brings into the debate the issue of representation in such a powerful body and the recognition of thediversion of funds and policy focus from the Scheduled Castes, for instance, to other purposes as happenedduring the Commonwealth Games.

Some of the changes that may be brought may need a constitutional amendment. Congress general secretaryRahul Gandhi made a suggestion in Parliament that the Lokpal may be made into a constitutional entity, asuggestion that has been seconded by former Chief Election Commissioner T.N. Seshan.

Given the experience with extraordinary power when vested in any institution, the wisdom of having such asuper-powerful, insulated body awaits serious deliberation.

Usha Ramanathan is an independent law researcher working on the jurisprudence of law, poverty and rights.

Half a victory

VENKITESH RAMAKRISHNAN

in New DelhiTeam Anna wins the first round, but the way ahead in the fight against

corruption is full of uncertainties.


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SANDEEP SAXENA

ANNA HAZARE ADDRESSING a gathering at the Ramlila Grounds after ending hisfast.

A BATTLE has been won in the campaign for cleansing public life through the rallying of vast sections ofpeople across the country. But a purposive piece of legislation has finally to be passed by Parliament even torate this victory as truly meaningful. Indeed, the state of peace that has descended after the tumult is pregnantwith uncertainties. Uncertainties of such dimensions that no one has a clue as to what this will ultimatelydeliver. These words spoken by a key player in the negotiations between Team Anna and the UnitedProgressive Alliance (UPA) government during the tumultuous 12-day fast undertaken by Anna Hazare, whichrocked the national capital and most other parts of the country, sum up the mood prevailing among individualsand groups that would play a role in the drafting and passage of a new Lokpal Bill. The government, the big andsmall opposition parties with representation in Parliament, Team Anna and various other institutions and bodiesthat have come up with suggestions on the proposed Bill, such as the Aruna Roy-led National Campaign forPeople's Right to Information (NCPRI) and the Udit Raj-led Justice Party, all share these uncertainties and thelack of clarity about the future.

At the moment, of course, the prime mover is the Standing Committee of Parliament, chaired by Congress

leader Abhishek Manu Singhvi. The committee is expected to take up and initiate negotiations on the variousproposals from different sides sometime in September itself. Central to these negotiations are the three points onwhich Parliament expressed its sense-of-the-House agreement in response to Team Anna's demands. The sense-of-the-House resolution stated that the issues of Citizens' Charter, Lower Bureaucracy also to be under theLokpal through appropriate mechanism, and establishment of Lokayuktas in the States would be taken up bythe Standing Committee. This process itself has historic dimensions because it is for the first time that themembers of the Standing Committee will be discussing the provisions of an already introduced government Billin response to a sense-of-the-House resolution suggesting incorporation of new provisions.

The mainstream political parties and Team Anna expect this process of the Standing Committee to be completedbefore the winter session of Parliament. On their part, both Union Finance Minister Pranab Kumar Mukherjee,who emerged as the most important player on the government side during the latter stages of the anti-corruptionagitation, and Anna Hazare himself have come up with public postures that have signified a sense of caution andaccommodation, which in turn is considered conducive to the smooth conduct of deliberations. In repeated

comments to the media after Anna Hazare concluded his fast on August 28, Mukherjee made it clear that thegovernment had bowed before people's power and its genuine representative leader. Anna Hazare responded byagreeing that there was a lot more to be done peacefully to take the negotiations to the level of fruition.Asserting that this is only half a victory, he said he was confident that Members of Parliament would not go

back on their word to provide an effective and strong Lokpal.

While this sense of accommodation and optimism bodes well for deliberations in the future, large sections ofpublic opinion still harbour apprehensions as to how things will unfold. Speaking to the media immediately afterAnna Hazare ended his fast, Infosys founder V. Narayana Murthy hailed the in principle' agreement ofParliament to the demands put forward by Team Anna but added that it was only the first step. We have to gothrough the process of implementation and take it to success. And that is the toughest part. For implementationis the Devil.

According to Professor Nil Rattan of the Patna-based A.N. Sinha Institute of Political Studies, the apprehensions

about implementation have arisen essentially on account of the very track record of the players involved in theprocess. Both sides have shown intransigence at different times. While the government has bumbled aboutfrom one mistake to another for long spells while addressing the issue, Team Anna had initially taken the


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obstinate position that nothing short of its version, the Jan Lokpal Bill, would do. The present atmosphere fordeliberations could be arrived at only because the government rectified some of its mistakes and Team Annawas ready to come down on some of its demands like bringing the higher judiciary under the ambit of theLokpal. What is the guarantee that this will stand? Who knows whether sections of the government will embarkon some adventurist path again, Nil Rattan told Frontline.

Indeed, the UPA's track record in handling the early days of Anna Hazare's August agitation is pathetic. Almost

every section of the government, starting with Prime Minister Manmohan Singh, kept on making mistakes.Interventions by Home Minister P. Chidambaram and Telecommunications Minister Kapil Sibal made mattersworse. Finally, Congress general secretary Rahul Gandhi contributed his mite to the rank confusion in the rulingestablishment. These mistakes were in many ways directly proportional to the rising popularity of Anna Hazare.

SHIV KUMAR PUSHPAKAR

ANNA HAZARE supporters taking out a candle-light victory rally at India Gate onAugust 28.

Undoubtedly, the biggest mistake was the imprisonment of Anna Hazare on August 16, that too in Tihar jail,where people like Suresh Kalmadi and A. Raja, who were arrested on charges of corruption, are incarcerated.Subsequently, an official spokesperson of the Congress classified Anna Hazare as a top to bottom corrupt

person.

Interestingly, the decision to take Anna Hazare to Tihar jail was made in an apparent effort to keep him awayfrom the crowds. The political bosses and the administrative-bureaucratic leadership, especially of the HomeMinistry, had reportedly considered different options, such as placing him in a government or private guesthouse or moving him out to Ralegan Siddhi (his hometown in Maharashtra), but finally decided against allthese, fearing that his supporters would gather in front of the guest house or at Ralegan Siddhi. Informed sourcessaid that they finally decided to shift him to Tihar because it was thought that the jail would not be accessible to

Hazare's supporters. But what happened was the exact opposite. Crowds gathered at Tihar in big numbers,forcing the government to order his release.

In the days following his release, and during the fast undertaken by him at the Ramlila Grounds, Anna Hazarewas perceived as the symbol of all that is positive in society and in many ways the one-stop solution for allsocial problems. Various organisations, such as sections of the Rashtriya Swayamsewak Sangh (RSS)-led SanghParivar and non-governmental organisations of different hues and patterns of funding, pitched in for crowdmobilisation. Cumulatively, the impact of genuinely inspired participation and motivated organisationalmobilisation resulted in massive crowds at the maidan.

Meanwhile, the government made another faulty move: it stated that Parliament cannot give up its supremacy.This when it had undermined Parliament in April by calling Team Anna to draft the Lokpal Bill and keeping theopposition parties out of the drafting committee. While this move was made by the Prime Minister, RahulGandhi made a facile attempt to score some brownie points through an intervention in Parliament highlightingthe same supremacy-of-Parliament position.


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R.V. MOORTHY

MEMBERS OF TEAM Anna, after wresting new concessions from the lawmakers onthe Lokpal Bill on August 27.

Ultimately, it required the intervention of some youth power from the government side itself to untangle themess that senior politicians such as Manmohan Singh, Chidambaram and Sibal had created. It was through thegood offices of a young Delhi MP, Sandeep Diskshit, that the government built channels of communication withTeam Anna and managed to bring about a solution. To start with, Dikshit's intervention was followed by anappeal from Manmohan Singh to Anna Hazare to withdraw the fast. He made this appeal even while creditingAnna Hazare with valid slogans representing the people's aspirations.

However, in the euphoria created by this collection of crowds day after day, shrill voices questioning the verylegitimacy of political processes and leaderships were heard from the Ramlila podium from Team Annaleaders including Anna Hazare, Kiran Bedi and Arvind Kejriwal, and supporters such as the actor Om Puri. Thecampaign was such that it sought to raise visions of an apolitical leadership replacing politics in the country.Voices like those of the social activist Swami Agnivesh, which emphasised the need to accord validity to

political leaderships and elected representatives, were fiercely criticised by the volunteers of Team Anna and by

sections of the crowd. Agnivesh's comment that Hazare ought to have responded positively to ManmohanSingh's appeal was targeted for special vitriolic treatment by many of Team Anna's supporters.

Despite this, the government persisted with its efforts at negotiation. It was in this process that PranabMukherjee's role came to the fore, even though Chidambaram and Kapil Sibal continued to argue that a toughline would ultimately compel Team Anna to compromise. This tussle on strategy reflected in a different mannerwithin Team Anna too. Though voices like those of Swami Agnivesh had been sidelined, there also developedan impression that Kejriwal and Kiran Bedi were pushing things to the brink. A group within Team Anna,including senior lawyer Prashant Bhushan, took the lead in meeting a number of political leaders, particularly inthe opposition BJP and the Left. These initiatives were supplemented by the Mukherjee-led negotiations.

Gradually, sections of Team Anna that had raised a rant against the political class as a whole had to listen to theless aggressive sections. And, it was this that finally led to the discussion of Anna's demands in Parliament andthe final passage of the resolution.

Notably, when Anna Hazare's fast was withdrawn on August 28 following the passage of the resolution,Kejriwal made it a point to underline the fact that at no point of time had Team Anna sought to denigrate theentire political class as corrupt. While this was sought to be presented as a clarification, many observers

perceived the effect of a corrective reverse pressure in this statement.


13/30

AFP

PRIME MINISTER MANMOHAN Singh. The government committed a series ofmistakes in handling the early days of Hazare's agitation.

The passage of the resolution in Parliament and the acknowledgement of Anna's agitation methods byparliamentarians have evoked high praise, especially from sections of the media, some of whom have describedthe agitation as the most phenomenal people's movement to have happened in the history of independent India.In fact, some commentators have even gone to the extent of suggesting that there could be a classification ofnational politics as pre-Anna and post-Anna phases.

While it is true that the agitation and the fast touched an emotive chord in large sections of the people, includingthe middle class which has never participated actively in political initiatives, the fact remains that many othermovements, ranging from the struggle for land reforms to the empowerment of Dalits, have had more lastinghistorical impact on Indian society.

Professor Sudhir Panwar, an Uttar Pradesh-based social activist associated with the Kisan Jagriti Manch, whosupported the Anna Hazare agitation as a significant effort to initiate a new democratic discourse in thecountry's political system, also pointed out that the increased participation of the middle class had helped getenhanced media attention to the movement compared with other grass-roots initiatives such as those of farmersand agricultural workers.

The fact is the issue of corruption, especially corruption by the political class, is so pervasive and the fightagainst it has such widespread resonance that even those who have never thought of the country and its peoplein a larger sense joined in, he said.

Panwar pointed out that the middle class, which had assiduously kept away from politics and refused to respondto phenomenal political developments such as the demolition of the Babri Masjid and the Gujarat riots of 2002,

was triggered into action on political and other forms of corruption also because of the global economic crisisand its impact on day-to-day life.

Panwar emphasised that the leaders of Team Anna should use this opportunity to broadbase the movement witha larger understanding of other social issues and an earnest incorporation of other social movements. Only thenwill this have a lasting impact, he stated.


14/30

SHANKER CHAKRAVARTY

ABHISHEK MANU SINGHVI, Chairman of the Standing Committee of Parliamentthat will scrutinise the Lokpal Bill.

Naturally, this would involve adopting a more open approach to issues such as the demands of Dalits andbackward classes in relation to the Lokpal and looking at broader issues such as the impact of neoliberalpolicies. Team Anna has announced its resolve to continue struggles in new areas such as electoral reforms,which will include the right to recall and the right to reject legislators. It has also stated that it will strive fordecentralisation of power through the greater empowerment of gram sabhas and mohalla sabhas.

A one-line overview of the national political situation in the context of the agitation and the relateddevelopments was provided by Pranab Mukherjee when he said, We are at a crossroads. It was with this

phrase that Mukherjee began his speech marking the beginning of the August 27 debate in Parliament on theLokpal Bill.

Clearly, as the statement implies, it is time to move with caution to enhance the democratic content of the nationand its institutions and systems. It is a message that applies equally to the largely discredited and beleaguered

political class as also to the new civil society players who have had a modicum of success in initiating acorrective process.

And exactly because of this success, Team Anna needs to be extra cautious in what it preaches and practises.For, the hallucination among some of its leaders that India is Anna and Anna is India militates against the veryconcept of democratic discourse.

COLUMN

Gandhian facade

PRAFUL BIDWAIAnna Hazare's campaign may lead to a new Lokpal Bill, but it has legitimised

middle-class vigilantism and other kinds of civil society mobilisation.

NOW that Anna Hazare has declared victory, it is time to take stock of one of the most powerful recentmobilisations of people in India, focussed on influencing policy or lawmaking processes. The victory, however,is largely symbolic. The original demand of the movement, carefully built around Hazare's fast, namely, that thegovernment must withdraw its own Lokpal Bill and instead pass the Jan Lokpal Bill (JLB) drafted by IndiaAgainst Corruption (IAC) by August 30, fell by the wayside.

Even its greatly diluted version, namely, Parliament must pass a resolution on the three contentious issuesidentified by Hazare, was not conceded. Under this, Members of Parliament would resolve to enact the LokpalBill in Parliament's current session to set up independent ombudsmen at the Centre and in the States; with

jurisdiction over all government servants; and including a law requiring all government departments to makecitizens' charters that set limits on the time taken to provide public services such as ration cards and drivinglicences, and punish breaches of the norm.


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On August 27, Parliament discussed a highly truncated form of the demand and passed a Sense-of-the-Housemotion drafted by the Congress' Pranab Mukherjee and Bharatiya Janata Party's Arun Jaitley. It said: ThisHouse agrees in principle on the following issues: a) Citizens' charter b) Lower bureaucracy also to be under theLokpal through appropriate mechanism c) Establishment of a Lokayukta in States. And further resolved totransmit the proceedings to the department-related Standing Committee for its perusal while formulating itsrecommendations for the Lokpal Bill.

This is not a binding commitment. Nor is there a deadline by which the Standing Committee must write itsreport and Parliament must pass the Bill. So the motion was a face-saving formula for Team Anna. According toreports, Hazare's core supporters had decided on the morning of August 27 that he would have to end the fastwithin a day if his health were not to be seriously jeopardised.

At any rate, the balance of forces had shifted over the preceding few days, with the government calling an all-party meeting, appointing Pranab Mukherjee as chief negotiator, MPs across parties defending Parliament'slegislative supremacy, former Maharashtra Chief Minister Vilasrao Deshmukh talking directly to Hazare, andthe cracks widening within Hazare's core group. Eventually, Parliament asserted its primacy in lawmaking, butalso cast a duty on the government to produce a strong Lokpal law.

Meanwhile, the entire political system was delivered a shock. Segments of it were exposed as dysfunctional. Anattempt was made to set up a direct opposition between Parliament and the people. That it succeeded at least tothe point of creating total panic and disarray within the government for days should occasion serious

introspection.It is easy to lay the blame for this on the colossal ineptitude of the Congress and the several near-suicidaldecisions it took. Having first underrated both the middle-class support for and the amazing degree oforganisation and media management by the IAC campaign in April, Congress leaders panicked and took theextraordinarily ill-advised step of establishing a joint drafting committee with Team Anna, giving it the samerepresentation as the government instead of a broad-based committee with diverse political and non-governmental organisation representation (NGO).

This laid the basis for Team Anna's claim that it represents the people in a unique way, in contraposition togovernment which easily morphed after the Ramlila Maidan spectacle into the assertion that it alonerepresents the people. Soon, Arvind Kejriwal would say that Parliament may be supreme in lawmaking, but the

people come first; Parliament must listen to Us the People. Kiran Bedi would famously equate Anna withIndia. Democracy thus collapsed into majoritarianism with all its arrogance and intolerance.

Instead of fielding political veterans and skilled crisis managers, the Congress got a bunch of lawyers tonegotiate the Lokpal Bill, whose technical approach messed things up. Meanwhile, Congress spokespersonsabused Hazare's team as armchair fascists, overground Maoists, closet anarchists... funded by invisible donors(with foreign links), and alienated people further.

Even more inept was the decision to arrest Hazare pre-emptively on August 16 and lodge him in Tihar jail, ingross underestimation of public sympathy for his right of protest apparently against official intelligencereports. The mistake was magnified when Hazare was released. He refused to leave Tihar unless he was allowedto fast publicly, thus garnering more sympathy.

It is simply incomprehensible that the Congress did not depute Maharashtra leaders such as Vilasrao Deshmukh,Sushilkumar Shinde or even Prithviraj Chavan earlier to talk to Hazare bypassing his hard-line supporters, andthat it did not convene an all-party meeting until August 24.

Yet, a far deeper failure is involved here, in understanding the depth of genuine popular or grass-roots revulsion

against corruption, in two senses. The first is corruption that ordinary people suffer in day-to-day life when theyhave to pay bribes just to survive or to realise a right, that of getting their entitlements, such as ration cards orfreedom from police harassment.

The second is corruption in the larger sense, including plunder of public money by powerful interests throughmanipulation of policies and fiddling of contracts, irresponsible and unaccountable governance, and abuse of

power, itself distributed in a skewed and iniquitous manner in this extremely unequal society. Both forms arerelated to the social and governance system, and the unequal access to privilege and power centres inherent in it.When the poor protest against corruption, they often protest against the system.

By contrast, the upper-middle-class elite or the 10-15 per cent upper crust of society does not suffer the firstform of corruption, certainly not to a degree remotely comparable to the poor. And it is often the beneficiary ofthe second kind. Its resentment arises, if it is genuine at all, from having to pay bribes to obtain a privilege, likeadmission to a top-rated school or jumping the queue to get a reserved train seat.

Deep distrust


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Middle-class anger is directed not at the system or the real wielders of power in the corporate world andgovernment but at soft targets such as MPs, MLAs and bureaucrats. It is easy to single out politicians becausethey are typically portrayed by the media, including popular films, television channels and newspapers, as arch-villains irredeemably corrupt, and venal and crooked by choice, just as business tycoons are glorified aswealth creators who contribute to social welfare. Underlying this is a deep distrust of representative democracyand mass politics. Our hierarchy-obsessed, casteist middle class cannot possibly accept political equality

between itself and the unwashed masses.Focussing on corruption offers a nice escape from this society's myriad problems, including mass poverty anddeprivation, stunted growth of our children, pervasive lack of social opportunity, economic servitude and social

bondage, absence of social cohesion, rising income and regional inequalities, and the impossibility for millionsof people to realise their elementary potential as human beings, not to speak of communalism, patriarchy,growing militarism and decreasing human security. Corruption here performs the role that population growthdid a few decades ago. Then, the elite blamed all of India's problems on the poor breeding like rabbits.

Originally, Hazare's movement spoke narrowly to this middle class, reducing the issue of corruption to payingbribes to government officials. The campaign in April was Facebook- and Twitter-driven. It mobilised upper-middle-class people in big cities through the technology of returning free missed calls. A telecom company

provided the technology, and somebody paid for the calls answered (13 million by August 15, says the IACwebsite).

Support for the movement snowballed after Hazare's wrongful arrest-release. Multiple scripts got written into itas peasants, trade union workers, dabbawalas and other poor people joined the protest. But that did nottransform the campaign's quintessentially upper-middle-class character or its vigilantism. Meanwhile, its leadersmistook general support for the anti-corruption cause as informed agreement with the JLB. They built adangerous cult of personality around Hazare as a demi-god, on whose command people were ready to fast untodeath. The government deferred to Hazare's campaign, as it always does to movements with an elite character.There were many continuities between the campaign, motivated by hatred of all politicians, and recent agitationsagainst affirmative action, driven by hatred of the low castes. That is one reason why Dalits, low-casteHindus, and large numbers of Muslims are cold towards Anna's movement or oppose it.

The campaign uses a strongly chauvinist Vande Mataram Bharat-Mata-ki-Jai-type idiom, based on anunthinking, conformist nationalism and illiberal and conservative ideas, including hero worship and absoluteobedience. This fits in with the involvement of Hindutva forces in the campaign, frankly admitted by SushmaSwaraj in Parliament on August 17, confirmed by BJP president Nitin Gadkari's letter supporting Hazare, and

reinforced by Rashtriya Swayamsewak Sangh (RSS) pracharak-ideologue K.N. Govindacharya's August 26statement confirming significant RSS presence at Ramlila Maidan.

The Hazare movement's legitimisation in media and society creates an unhealthy precedent. Other intolerantmovements can create a lynch-mob mentality and demand death to the traitors or the building of a temple atAyodhya because the People want it. That is positively dangerous.

COLUMN

Corruption disease

BHASKAR GHOSEThe only way to eradicate it is to act against the corrupt and ensure that they

are punished.


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RANJEET KUMAR

In a Patna village in 2008, people engaged in NREGS work. A new World Bank reportsays programmes such as the NREGS are beset with corruption, bad administration

and underpayments.

CORRUPTION. A word that has been used so often that its meaning has been blunted now it causes noreaction and creates little interest, let alone concern. And yet it is present in every part of the numerous systemsand institutions through which society functions; in our municipal bodies and in practically all public agenciesthat issue permits or licences or no-objection certificates or, for that matter, any certificates of any kind. It existsin hospitals, educational bodies and in the very systems meant to prevent it and apprehend those who are guiltyof it. It exists, as we have sadly discovered, in our armed forces, even at very high levels.

Recently, the World Bank issued a report in which it has said that a good deal of India's much-vaunteddevelopment is ineffective as projects and schemes are corroded by this crippling disease of corruption; benefitsdo not go to the actual beneficiaries.

The BBC quoted this report in a story on May 18 in which one of its correspondents, Jill McGivering, said:Attempts by the Indian government to combat poverty are not working, according to the World Bank. Thegoverning coalition spends billions of dollars more than 2 per cent of its gross domestic product [GDP] onhelping the poor. But a new World Bank report says aid programmes are beset by corruption, bad administrationand underpayments. As an example, the report cites the issue of grain distribution: only 40 per cent of grainmeant for the poor reaches them. India's coalition government is spending massively on programmes to reduce

poverty. This was the first time India's major schemes had been evaluated. The World Bank says the public

distribution system, which takes almost half the money, has brought limited benefits. It gives subsidised foodand other goods to the poor. The report says one landmark scheme, launched more than five years ago, aims toguarantee government work for the rural unemployed. But the World Bank found that it was failing to have animpact in the poorest states because of underpayments and bad administration.

The reference is, of course, to the projects undertaken under the NREGA (National Rural EmploymentGuarantee Act), a flagship project of the United Progressive Alliance government.

Nor is this all, by any means. Just consider the instances of thievery and downright cheating that have recentlycome to light (thanks in no small measure to the vigilance of the media): the alleged stealing of money duringthe Commonwealth Games, the bribery involved with the allotment of the 2G spectrum, and the looting of

public money from the state-owned Air India three instances that have made right-thinking Indians hang theirheads in shame, and provided derisive amusement to the rest of the world. Emerging economic superpower,indeed is what many around the world would be saying. Established super-thieves who blithely rob their own

country, more like.


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Venality seems to be a part of our social traditions. Mir Jafar, one of the generals of Siraj-ud-Daula, Nawab ofMurshidabad, was bought over by the East India Company's Robert Clive, who realised that it was a simplerthing to do than plan a strategy to defeat the Nawab's armies in battle. So Mir Jafar's army held back from theBattle of Plassey and the depleted forces of the Nawab were routed by Clive's forces and the course of India'shistory changed. And this is not the only instance of such venality.

Our history is replete with them the impregnable gates of Chittorgarh were opened from within, as were the

gates of Golconda Fort. This is what we have, it seems, inherited. There was, and probably still is, a saying inBengali among government employees: Ashi jai, mainey pai. Kaj korle upuri chai. (I get paid for coming (to theoffice) and going back. To work I need a bribe.)

Brave efforts are being made, we are told, to bring thieves and bribe-takers to book. Dramatic arrests are made,investigations started with several television statements given by sundry police officials, and then nothing.Years pass. Nothing happens. Arvind and Tinoo Joshi of the Madhya Pradesh cadre of the Indian AdministrativeService were arrested and many statements given of the crores of rupees seized from the couple. That was lastyear. What happened since then? One needs to ask the Chief Minister Shivraj Singh Chouhan just what heintends to do. Sit on his hands, or tell his policemen either to prosecute them or let them go. If the case is withthe Central Bureau of Investigation, this is what the Prime Minister needs to do. What is stopping those inauthority from acting?

And what of the thousands in municipalities, municipal corporations, in the public distribution system, in the

hospitals, schools and in every government office who are busy thieving? Is anyone doing anything about it? Ifthe present laws do not permit action to be taken, can the laws not be changed swiftly and the guilty identifiedand punished? And, equally important, can the money stolen not be recovered, if necessary by selling whateverthose found guilty have, down to their clothes and personal belongings?

How many from among the hundreds of thousands who are thieves masquerading as government or publicofficials have actually been tried, found guilty and punished? How many police officials have been tried, foundguilty of thievery and bribe-taking and punished? Not more than one can count on the fingers of one hand.

There are many in the government who are genuinely concerned about the widespread thievery and bribe-taking. They need to realise one simple thing. The answer to this is to act. Not to make brave statements of whatthey will do, of terrible punishments and all such rubbish, but to act. Try those arrested or identified as thieves,see that the cases against them are strongly argued, that they are found guilty, and punish them. If this becomescommon practice, thievery and bribe-taking will come down. This is plain common sense. Stop talking and, inthe name of all that is sacred, act.

Does the Prime Minister, the leader of the Congress party, and all those responsible for the elimination of thelooting of public money and assets, not realise that if they think inaction is politically clever or necessary (tokeep coalition partners happy) it automatically makes them criminals, as they are then guilty of conniving withthieves and wrongdoers? And wrongdoers are not really those whose names attract media interest; the realwrongdoers are the thousands and thousands in public offices across the country.

The evil lies there; that is the next Battle of Plassey, and one will watch with interest if those in power keep theirarmies ineffective, for whatever consideration.

COLUMN

A toothless Lokpal?

R.K. RAGHAVANIf the government's draft of the Lokpal Bill is adopted and the one produced byTeam Anna is largely ignored, the Lokpal will be an ineffective institution.


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VIVEK BENDRE

Supporters of Anna Hazare at the Gateway of India in Mumbai for a candlelight marchon March 8.

I am not surprised at the turn of events in the national capital after all the fretting and fuming over the Lokpal.The talks between the government and Team Anna have broken down. We agreed to disagree, is the officialstand. Such an agreement' in the present context of acrimony is nothing but an admission of failure. The loadedstatement of Human Resource Development Minister Kapil Sibal gives the false impression that despite hugedifferences of opinion, there is a lot of bonhomie between the contending parties. But in reality, there seems to

be no love lost. My guess is that there is only a small measure of politeness between the two. And nothingbeyond it. The bitterness underlying the statement about agreement' is, however, hard to keep under wraps for

too long. I concede this is not the time for either side to indulge in a blame game. This is because both are atfault for taking extreme positions.

History will not forgive either if ultimately the much-touted anti-corruption body does not take off. My hunch isthat even if the Lokpal does ultimately take a legal shape, it will be a toothless wonder. That is, if thegovernment draft is adopted and the one produced by Team Anna is largely ignored. This is likely to be the most

probable outcome. The obvious lack of enthusiasm for a powerful Lokpal even among the opposition, includingthe Bharatiya Janata Party, confirms the absence of a strong political will to create a strong anti-corruptionmachinery. The average citizen knows that no politician is excited about countering corruption. This is why wehave a phenomenon like Anna Hazare, whose indomitable spirit is worthy of emulation by many of us. Let usforget his frailties because, after all, he is a human being.

Talks on the issue have reportedly failed because of disagreement over at least 10 points. The main point ofdisagreement is whether the Prime Minister and the judiciary should come within the ambit of the proposed

Lokpal. I can understand why the judiciary, which has to interpret the fundamental law of the land and alsoimpose penalties prescribed by the criminal law, should not be brought under the new mechanism. But there isno earthly reason why the Prime Minister should enjoy the same immunity. An incumbent Prime Minister, whomay happen to be investigated for misdemeanour by the Lokpal, can always be replaced by the ruling party oralliance through a simple resolution that goes before the President. Heavens will not fall in such an eventuality.The alternative to protecting a Prime Minister against a Lokpal probe is forbidding. Imagine A. Raja orKanimozhi being elected leader of the majority group in the Lok Sabha and the havoc either of them can causeto the already low credibility of the nation. I do not rule out such a calamity, given the compulsions (readcoalition dharma' as Manmohan Singh once put it) of our politics. What happens to us in such a scenario? It is

precisely because of this fear that we need to bring the Prime Minister under the Lokpal's purview. It is assimple as that. I cannot think of any country that accords such a blanket cover to a serving Prime Minister.

The apprehension of political instability likely to be caused by a Lokpal investigation against a Prime Minister isnot convincing. It is said on behalf of the government that it has no objection to the Prime Minister being probed

after his laying down office. This is comical. Imagine a scenario where a Prime Minister, who has come toadverse attention and is under investigation, continues in office. If he or she is an individual with no sense of

propriety, he or she would be nonchalant and brazenly continue to indulge in malpractices with absolute


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impunity. How do you prevent the country from reaching such a ridiculous situation? On the other hand, if youhave a clinically chosen Lokpal, do you believe he would ever initiate a frivolous inquiry against ademocratically elected Prime Minister, unless he is a political animal with a dubious agenda? There is then asevere contradiction in the stand of the government. A tightly conceived selection process would ensure that theLokpal is a person of unimpeachable integrity and honesty. He or she will not needlessly meddle with politicalstability. One safeguard against misuse of office by a Lokpal is to make him or her ineligible for any

government position after he or she lays down office.The Anna draft also provides for a citizen moving the Supreme Court for a probe of misconduct by the Lokpalor his deputies. What more guarantee can you give against Lokpal arbitrariness?

All this controversy about who should be in and who should be out is mere rhetoric. The national debate ignoresthe fact that the institution of the Lokpal will be a big zero unless it has an investigating agency of its own andthe latter is not fettered by irritants such as the single directive', which requires government permission for theCentral Bureau of Investigation even to initiate a preliminary inquiry against someone of the rank of JointSecretary and above. In my view, this should be the focus, and we need to galvanise opinion in favour of a

powerful investigating wing, which will not suffer from the infirmities that at present weigh down the CBI. It isalso necessary that such a wing is not defined as a police organisation, as the announcement by the Union LawMinister suggests. It should be on a par with the investigating arms of the Income Tax and CustomsDepartments, which are competent to record signed statements. The Criminal Procedure Code, which regulates

police (including CBI) investigation, prohibits signed statements. The next question is whether the CBI shouldreport directly to the Lokpal. One must remember that the CBI does more than anti-corruption work. It will not

be inappropriate to bring the anti-corruption wing of the CBI alone under the control of the Lokpal.

We need professional investigation of corruption in high places. This, only the CBI can give. The movement infavour of a strong anti-corruption agency that will not have to kow-tow to the executive has just been grounded.This is sad, considering the valorous fight put up by the team that Anna Hazare has led. It is for ordinarycitizens like us to ensure that no one sabotages the commendable and much needed mission.

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Although their are doubts because it,s notinstitution which can root out corruption but theperson in the institution who can do it but certainlyit,s a small step towards that because it will send amessage to those corrupt the signal that public cannot be taken for granted anymore.By Anupam Pandey, Asst. Manager/Manager (Technical),Indian Air Force | 4 months ago

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The Jan-Lokpal Panel will become corrupt in duecourse of time as it has been the tendency of anyorganization in India. Moreover the panel membersare under scanner themselves So NOBy Ardhendu Pal, Upgrading Knowledge Base, Researchingin Computer Software/Hardware | 4 months ago

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http://tmp/svkdh.tmp/javascript:void(0)http://toostep.com/anupam-pandey/profilehttp://toostep.com/anupam-pandey/profilehttp://tmp/svkdh.tmp/javascript:showAddEditArgumentDiv('110426',%20'15016',%20'support',%20'0');http://tmp/svkdh.tmp/javascript:showAddEditArgumentDiv('110426',%20'15016',%20'oppose',%20'1');http://tmp/svkdh.tmp/javascript:void(0)http://toostep.com/ardhendupal/profilehttp://toostep.com/ardhendupal/profilehttp://tmp/svkdh.tmp/javascript:showAddEditArgumentDiv('110660',%20'15016',%20'support',%20'1');http://tmp/svkdh.tmp/javascript:showAddEditArgumentDiv('110660',%20'15016',%20'support',%20'1');http://tmp/svkdh.tmp/javascript:showAddEditArgumentDiv('110660',%20'15016',%20'oppose',%20'0');http://tmp/svkdh.tmp/javascript:showAddEditArgumentDiv('110660',%20'15016',%20'oppose',%20'0');http://tmp/svkdh.tmp/javascript:callReportAbuse('http:/toostep.com/reportAbuseNew.html?entityId=110660&entityTypeId=16&creatorId=156003&parentEntityId=15016&style=modal%27,%27debateActionResult%27);http://toostep.com/ardhendupal/profilehttp://tmp/svkdh.tmp/javascript:callReportAbuse('http:/toostep.com/reportAbuseNew.html?entityId=110426&entityTypeId=16&creatorId=448720&parentEntityId=15016&style=modal%27,%20%27debateActionResult%27);http://toostep.com/anupam-pandey/profilehttp://tmp/svkdh.tmp/javascript:void(0)http://toostep.com/anupam-pandey/profilehttp://toostep.com/anupam-pandey/profilehttp://tmp/svkdh.tmp/javascript:showAddEditArgumentDiv('110426',%20'15016',%20'support',%20'0');http://tmp/svkdh.tmp/javascript:showAddEditArgumentDiv('110426',%20'15016',%20'oppose',%20'1');http://tmp/svkdh.tmp/javascript:void(0)http://toostep.com/ardhendupal/profilehttp://toostep.com/ardhendupal/profilehttp://tmp/svkdh.tmp/javascript:showAddEditArgumentDiv('110660',%20'15016',%20'support',%20'1');http://tmp/svkdh.tmp/javascript:showAddEditArgumentDiv('110660',%20'15016',%20'oppose',%20'0');


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definately if the parliament members will agree topass and implement it... it will for sure reduce the

corruption.By Rohit Thakur, Sr. MEP QA/QC Engineer, QA/QCINCHARGE, CONSTRUCTION SPECIALIST-MEP | 6 monthsago

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Why not?? This is an act to empower the commonman.As of at present, it is felt that more areas ofaccountability should be covered to make it moreeffective. More importantly, it should be easilyaccessible to even the lowest in the rung of ourpopulation. Acts and laws can only be effective ifthey are practiced in right earnest. "Chalta hai"attitude must first be totally eradicated-We aredeeply routed to this attitude for ages and that isthe root cause of all our problems. For eg: In a caseof accident, how many people are ready andforthcoming to help the victim?? We are all scaredof the existing laws and don't wish to get entangledwith the headache of facing future consequencesbecause of law. So what you expect in turn??? theanswer is "What you sow, you reap"!!!! The reasonwhy there is so much corruption is because of ourreluctance to go through the process of law.

By Venkatraman , Sales Executive/Officer, MagnumEnterprises | 6 months ago

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Why not?? This is an act to empower the commonman.As of at present, it is felt that more areas ofaccountability should be covered to make it moreeffective. More importantly, it should be easilyaccessible to even the lowest in the rung of ourpopulation. Acts and laws can only be effective ifthey are practiced in right earnest. "Chalta hai"attitude must first be totally eradicated-We aredeeply routed to this attitude for ages and that isthe main root cause of all our problems. For eg: In acase of accident, how many people are ready andforthcoming to help the victim?? We are all scared

of the existing laws and don't to get entangled withthe headache of facing future consequencesbecause of law. So what you expect in turn??? the

Crime and corruption can never be uprooted. It canbe minimized only.

By Ranjeet Kumar, B.Tech KU,Kurukshetra,Haryana | 4months ago

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Lokpal bill is like a toy which is good for show.Corruption is a virus. It is in the blood of every

human being from the day when he or she tookbirth. By avoiding everything which might be thecause of trouble.And it exists in the dna too.Thenormal tendency of people is to avoid work.And itwill go generation after generation.By Shiladitya Bhattacharya, MBA/PGDM student,International Business School | 4 months ago

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What i feel is Corruption has become an integralpart of our system. it cant be uprooted ever by anyof such protests and all until & unless we, thepeople of India, start detaching ourselves from anytype of corrupt activities (whether small scale orlarge) we are attached with.By Devesh Goyal, Assistant Design Engineer (Civil) | 4months ago

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Its a start.The war has began. one and all has tosupport the unit whjch headed by Anna till a casefiled-argued-the corrupted wealth seized by

Janlokpal. GAndhi won the battle because of hissupporters all over the India.First the intellectualsfollowed Him.Then,poets, then rajahs, then thepeople he met in small hamlets. They have no

arguments.They believed the Gandhi is right.likethat all of us who can demonstrate the things haveto do to the utmost far end people who are
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22/30

answer is "What you sow, you reap"!!!! The reasonwhy there is so much corruption is because of ourreluctance to go through the process of lawBy Venkatraman , Sales Executive/Officer, MagnumEnterprises | 6 months ago

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we support anna hazare

By Rammohan , Sr Admin Executive | 6 months ago

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we support anna hazare jan lok


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we support anna hazare jan lok pal bil


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Although strong execcution with same will power isstill to be seen....but overall it is a good start


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suffering because of this corruptions.THEY NOTEVEN KNOW THAT THEY ARE CHEATED BY THEIRGODS.AND THEY DONT ACCEPT THE CORRUPTIONIS KILLING THEIR HEIRS.By pandianarjunan , project manager | 6 months ago

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I dont think so that lokpal bill will uproot corruption.If the bills can get rid of u from the corruption. If thebill can get rid of the corruption then there are somany bills and acts which should have saved youfrom this virous. The example is the mediation

centre especially marriage related where themediator itelf is a corrupt and take money fromboth parties. This will happen with Lokpal also. Ifyou are serious enough to evade corruption, thebest way is to ensure awareness and disaude publicto pay bribe. It is only the public who bribes theofficer for favour out of the way. .K.VirmaniBy Grahak Jago, Freelancer, NGO | 6 months ago

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It might not be enough to uproot the corruption. Butit will be a good starting point for the process.People will be more aware of their rights and therecourses they have in case they are asked forbribes. And people taking bribes will be a trifle (verylittle) scared.By Raju V P, Senior Manager, an International Bank | 6months ago

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See Sulagna for everything a beginningis necessary and I think that has happen in rightway. The buddies will have to be separated. I amsure it is the starting at right direction.

By Rathin Deb, Freelance Retail Consultant | 6 months ago

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