New Delhi: In a rare moment of camaraderie the Congress-led UPA and BJP-led NDA came together to ensure the smooth passage of the Lokpal and Lokayuktas Bill, 2011 in the Rajya Sabha on Tuesday to take India a step closer to a strong anti-corruption ombudsman. The Bill was passed with several amendments and will now be debated by the Lok Sabha on Wednesday.
In the Upper House of Parliament all the major parties with the exception of the Samajwadi Party, which walked out in protest against the legislation, took part in the over five-hour long debate and hoped that after the Bill becomes a law, cases of corruption against legislators will be deposed off quickly. Calling the passing of the Lokpal and Lokayuktas Bill a "landmark step", Prime Minister Manmohan Singh thanked all those who supported the move.
Social activist Anna Hazare, who is on an indefinite fast for a strong Lokpal in Ralegan Siddhi, too thanked Rajya Sabha MPs for passing the Bill and wished that the Lok Sabha will pass it too. He said, "I will end my fast after the Lok Sabha passes the Lokpal Bill."
A five-member Committee comprising of the Prime Minister, Speaker of Lok Sabha, Leader of the Opposition in the Lok Sabha, Chief Justice of India and an eminent jurist will appoint the Lokpal. The first four members will select a eminent jurist as the fifth member.
Law Minister Kapil Sibal initiated the discussion on the Bill and said it was a "historic" day and it was time to celebrate the consensus that had been reached on the issue. He thanked all the members for supporting the Bill.
He said during the discussion there was a consensus that the Prime Minister should be under Lokpal's purview even though some of the members were opposing it.
Sibal sought to allay any apprehension over the new measure, saying there will be no element of government interference in investigation carried out by the Lokpal. "I don't think it is time to laugh or snigger... It is time for us to rise to the occasion," said Sibal, who moved the Bill in place of Minister of State for Personnel V Narayanasamy who could not attend the proceedings because of his wife's illness.
Leader of the Opposition Arun Jaitley, while supporting the Bill, said he was happy that the government had accepted all the changes in "this changed environment". Holding that there is a lot of scope for improvement in the present Lokpal Bill, Jaitley objected to the provision of religious-based appointments in Lokpal, saying such kind of reservations were not permitted by the Constitution.
Taking a dig at Congress for its recent electoral defeat in Assembly elections, Jaitley said, "In this changed environment, government's thinking has changed and it has understood the merits of the discussion on December 29, 2011. Thwe discussion has been continuing for last 46 years, we should accomplish that and pass a law. We should remove the shortcomings and bring a credible and workable law before the nation," he said.
Jaitley expressed satisfaction at the government accepting the Select Committee recommendation that organisations accepting private donations should not be brought under the Lokpal as it will overburden it.
Bahujan Samaj Party MP Satish Chandra Misra said the party supported the Bill. He said, "BSP has been supporting the legislation since beginning and government should ensure adequate reservation of SC/ST communities in the Lokpal." He lauded the role of Select Committee Chairman Satyavrat Chaturvedi in strengthening the provisions of the Bill.
Supporting the legislation, CPI-M MP Sitaram Yechury demanded that the government should consider bringing private players such as corporates under its purview besides charitable organisations along with foreign NGOs. He said corporates entering into partnership for execution of projects under PPP mode cannot be left out if found involved in irregularities to secure the contract.
Arguing that private players are a major source of supply of money, he said it would not be "wise" to keep them away from the purview of the legislation.
Supporting the Bill, TMC MP Sukhendu Sekhar Roy, however, sought to know the rationale behind keeping out elected representatives from becoming the chairman or members of Lokpal. "Such a discrimination is a stigma on the elected representatives," he said, demanding amendment to the clause. He opposed the suggestion that states should set up Lokayukta on the Lokpal model within a year. While winding up the discussion, Sibal said that if such a change is made in the Lokpal, then there will be a conflict of interest.
Welcoming the legislation, JDU MP Shivanand Tiwari said the Bihar government had enacted a legislation which led to freezing of assets of officials charged with corruption.
Extending support to the Bill, AIADMK MP V Maitreyan suggested that Prime Minister as well as chief ministers should be kept out of purview of Lokpal. He said if his government in Tamil Nadu considered passing the legislation for establishment of Lokayukta, then the Chief Minister would be kept out of its purview
DMK, the political rival of AIADMK in Tamil Nadu, said Chief Ministers should also be brought under the purview of the Bill. Supporting the measure, party leader KP Ramalingam said he was also on the same page with CPI-M on inclusion of religious institutions under the Bill's ambit, but cautioned that proper check should be in place so that provisions were not misused.
BJD MP Baishnab Parida hailed the Bill saying, "It would be a milestone in the institutional mechanism to fight corruption."
NCP MP Yogendra P Trivedi said taking consent of the accused before the investigation process starts was baffling and should be removed. He also said NGOs should be brought under the purview of the Bill.
BJP leader Ravi Shankar Prasad also demanded that the Whistle-blower Bill be brought in the House as soon as possible for consideration and passage. He also said that the Prime Minister's Office should be brought under the Bill as it would send a strong signal to the country and countrymen.
Opposing the Bill, Shiv Sena MP Anil Desai said, "Creating an extra-constitutional body Lokpal amounts to blatant attempt to undermine our Constitution. Tomorrow, if the Lokpal falters, there is no provision to remove it," he said. Desai also mentioned that in the past, as many as eight Bills on Lokpal were introduced but all lapsed. "From 1966 to 2011, nothing came up for creation of Lokpal," he said.
Supporting the Bill, TDP YS Chowdary said Andhra Pradesh would have benefited if the Bill was passed last year. He suggested the government to have a proper monitoring of the proposed Lokpal in the first five years and a system of submitting a performance report to Parliament.
CPI MP MP Achuthan moved an amendment to bring all entities getting concessions from the government under the ambit of the Lokpal Bill. He also asked the government to also bring the Citizen Charter Bill and the Whistle-blower Bill in the House soon.
CPI-M MP KN Balagopal supported the Bill and sought an amendment to include the public private projects (PPPs) under the purview of the measure.
Barun Mukherji (AIFB), Birendra Prasad Baishya (AGP), Naresh Gujral (SAD), Ram Vilas Paswan (LJP), Ram Kripal Yadav (RJD), Ranbir Singh Parjapati (INLD) and Amar Singh (Ind) also participated in the discussion.
(With additional information from PTI)
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