The recent gigantic scams and the agitations led by Anna Hazare and Baba Ramdev have created a consensus in the country to constitute the institution of Lokpal and Lokayukta. The only question now is about its jurisdiction. It is a good move by the government of India to ask chief ministers and the political parties ( Pranab sends questionnaire.., IE, 1/6/11). Of the six questions, two would have easy answers or consensus: (1) a single act to constiute a Lokpal at the centre and Lokayukta in the states; (2) the Lokpal/Lokayukta should be a five-member bench and should have powers to summon witnesses and records and file charge-sheets. The criminal investigation branch of CBI and CVC should assist the bench. The heads of CBI and CVC should be appointed with the concurrence of the Lokpal. The chief Lokpal should be a retired judge of the Supreme Court and should be appointed for three years by a panel consisting of the PM, the Leader of the Opposition and the Chief Justice of the Supreme Court. The other members should also be appointed by the panel.
The government has raised the issue of the jurisdiction of these institutions – whether the PM/CM should be covered? Whether the higher judiciary should be under its purview? Whether the conduct of MPs inside the legislature and the conduct of he civil servants could be enquired into by these institutions as the constitution has separate provisions to take care of the wrong-doings by them? The recent events have revealed that these provisions have not been effective. PM allowed 2G scam in the name of 'coalition dharma'. Higher judiciary has not been able to prevent or punish wrong-doings. Though some MPs have been disqualified for taking money for asking questions or misusing MPLAD funds, no MP has been punished for voting in exchange for money. Newspapers are full of reports about the corruption in many government departments. How many of them have been punished? Not many. Only a powerful Lokpal/ Lokayukta can tackle corruption in India.
http://www.indianexpress.com/news/pranab-sends-questionnaire-to-cms-parties-on-lokpal-draft/797952
June 1, 2011.
******.
