"In six months, we have gone from a plausible model for the Lokpal to one that lacks the teeth needed to fight corruption at the highest levels."
Unfortunately, the new Lokpal-Lokayukta Bill of the government is a great leap backward. The Hindu : Opinion / Lead : The great leap backward.
The Bill is retrograde on the relationship between the Lokpal and the CBI. Investigation is the foundation of any case, and its independence makes all the difference. There is no shortage of critical comment by the Supreme Court about the CBI being under the umbrella of the executive. The portions of the Bill relating to investigation are counter productive.
The inclusion of Lokayuktas in the Bill is said to violate the federal principle. This claim can be trumped by Article 253, which says that where Parliament makes a law to implement an international treaty, such law will hold good even if it transgresses the federal division. The Lokpal-Lokayukta Act is expressly made in pursuance of the UN Convention on Corruption, which India ratified. One wonders whether the objectors are acting from lofty constitutional principles or simply resisting tough anti-corruption bodies in their respective States.
Another concern is skewed composition of the Selection Committee and 50% reservation. What is the rationale between corruption and caste, gender or religion? And why bring NGOs under scrutiny when action can be taken against them under other statutes? Will this not dissipate the resources of the Lokpal?
Civil society should put down the non-negotiable demand of a tough and fully empowered Lokpal with full control over investigation and prosecution of the top-rung of governance, and for one Act to operate nationally. The fundamental adage in negotiation is that the best is the enemy of the good — an insistence on all or nothing usually results in getting the latter.
The Bill is retrograde on the relationship between the Lokpal and the CBI. Investigation is the foundation of any case, and its independence makes all the difference. There is no shortage of critical comment by the Supreme Court about the CBI being under the umbrella of the executive. The portions of the Bill relating to investigation are counter productive.
The inclusion of Lokayuktas in the Bill is said to violate the federal principle. This claim can be trumped by Article 253, which says that where Parliament makes a law to implement an international treaty, such law will hold good even if it transgresses the federal division. The Lokpal-Lokayukta Act is expressly made in pursuance of the UN Convention on Corruption, which India ratified. One wonders whether the objectors are acting from lofty constitutional principles or simply resisting tough anti-corruption bodies in their respective States.
Another concern is skewed composition of the Selection Committee and 50% reservation. What is the rationale between corruption and caste, gender or religion? And why bring NGOs under scrutiny when action can be taken against them under other statutes? Will this not dissipate the resources of the Lokpal?
Civil society should put down the non-negotiable demand of a tough and fully empowered Lokpal with full control over investigation and prosecution of the top-rung of governance, and for one Act to operate nationally. The fundamental adage in negotiation is that the best is the enemy of the good — an insistence on all or nothing usually results in getting the latter.
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