Lokpal bill passed by Parliament

*PM, Sonia, Rajnath hail passage

NEW DELHI, Dec 18:

After eight unsuccessful attempts over the last five decades, India today took the historic step of enacting the Lokpal law by which an anti-corruption watchdog would be established that will have in its purview even the office of the Prime Minister.
The Lokpal and Lokayukta Bill, 2013, was passed by voice vote amid din created by members from Seemandhra region who were protesting against division of Andhra Pradesh to create Telangana state.
The Bill was already passed by the Lok Sabha in December 2011 but it came to the House again as it underwent amendments before being approved by the Rajya Sabha yesterday.
The measure got support from all parties except Samajwadi Party and Shiv Sena, whose members staged a walkout.
While batting for the measure, Congress Vice President Rahul Gandhi said, “Lokpal Bill alone is not enough to fight corruption. What we need is a comprehensive anti-corruption code. The UPA Government has prepared anti-corruption framework.”
He suggested extension of the Winter Session to pass six more bills which were “part of the comprehensive anti- corruption framework”.
Leader of Opposition Sushma Swaraj supported the bill but attacked Congress for clamouring to take credit for it, saying “The people of this country and the old man (Anna Hazare) who has undertaken fast several times deserve the credit.”
Later speaking to reporters outside Parliament House, Law Minister Kapil Sibal said the passing of the Lokpal Bill demonstrated that voices of the people have been listened.
“What is most important is that the inter-generational gap between the youth of our country and us must be narrowed as quickly as possible. We must listen to their emotion, their dreams and we must listen to what they want and expect from us,” he said.
Earlier, Speaker Meira Kumar allowed the Bill, as amended by the Upper House, to be laid and taken up for consideration by Lok Sabha.
SP and Shiv Sena opposed the Bill.
SP Chief Mulayam Singh Yadav said this will bring Government work to a halt as Government servants will be afraid of carrying out their duties.
“It will create a fear psychosis among the bureaucracy and no official will take a decision or sign a document,” Yadav said, adding that as per the law, a low level policeman will be empowered to question and investigate senior politicians and public officials.
“This is a very serious issue…Why do we need this kind of Bill,” he said, demanding that the Bill be withdrawn and be taken after a thorough discussion in the next session of the Parliament.
“I am surprised at the Opposition’s support for this Bill,” Yadav said and urged senior BJP leader L K Advani to oppose the Bill, as he led a walkout of SP MPs.
Soon thereafter, Anant Geete (SS) also led a walkout of party MPs.
JD(U) leader Sharad Yadav said he is supporting the Bill as he does not wish to create any hurdle in the work of the Government.
He expressed certain reservations about the Lokpal Bill, including the provision of putting the Prime Minister under Lokpal.
“By doing so, the accountability of the Prime Minister will not be to the House but somewhere else,” he said.
Dara Singh Chouhan (BSP) said there is a clamour for taking credit for this Bill and “this is also a kind of corruption”.
He noted that any policy, however good, is futile if those implementing it do not have good intentions.
Earlier when the Bill was taken up for discussion and passage, TMC member Sougata Roy raised a point of order saying that the measure passed by Rajya Sabha had been circulated among Lok Sabha members only today.
He said that as per rules, a two-day notice should be given to members before taking up any legislation passed by the other House.
Disposing of his point of order, the Speaker said she had consented for waiving the two-day requirement and the Bill was laid on the table of the House this morning itself.
Throughout the debate on the Lokpal Bill, supporters and opponents of Telangana continued raising slogans in the Well.
YSR Congress chief Jaganmohan Reddy led his party members in the Well while TDP and Congress members, from Telangana and Seemandhra regions, continued shouting in support of their respective demands.
S K Bwiswmuthiary (Bodoland Peoples Front) was also in the Well protesting attacks on tribals in Assam.
Meanwhile, Prime Minister Dr Manmohan Singh and UPA chairperson Sonia Gandhi hailed the passage of Lokpal Bill as a “historic and landmark” step to fight corruption.
Soon after Parliament approved the Bill, Singh said, “It is a historic and landmark legislation and we are very happy that Parliament in its wisdom has chosen to enact this legislation.”
Sonia Gandhi said she was “very happy” over the passage of the bill.
Earlier, participating in a debate on the bill in the Lok Sabha, Gandhi sought extension of the Winter Session to pass six more bills which were “part of the comprehensive anti- corruption framework” of the UPA Government.
BJP national president Rajnath Singh said passage of the much-awaited Lokpal Bill by Parliament was a historic day in India’s Parliamentary democracy.
“The smooth passage of the Lokpal Bill in both the Houses is a remarkable achievement. Congratulations to all Members of Parliament,” Mr Singh said in a Facebook Post.
The BJP chief said he was happy that social activist Anna Hazare ended his fast today.
“I am also happy that Anna Hazare has ended his fast after today’s development,” Mr Singh said.
He also praised BJP leaders Sushma Swaraj and Arun Jaitley for their “positive and proactive” role in getting the Lokpal Bill passed in Parliament.
“The contribution of both the Leaders of Opposition Sushma Swaraj and Arun Jaitley deserves special mention as they played a positive and proactive role in getting the Lokpal Bill passed in Parliament,” the BJP chief added.
At Ralegan Siddhi, Anna Hazare today broke his nine-day fast shortly after Lok Sabha passed the Lokpal Bill, and announced he would form “watchdog bodies” comprising people of “impeccable integrity” to keep an eye on how the law is enforced.
Looking a bit frail yet brimming with enthusiasm after the landmark bill was passed by the Lok Sabha, Hazare thanked all parties, barring Samajwadi Party, for their support, but obliquely criticised his former proteges in the Aaam Aadmi Party, his fellow travellers in the Jan Lokpal movement, who have dubbed the new legislation as “Jokepal” bill.
Hazare, who had been crusading for anti-corruption ombudsman for long and had forced passage of the bill in the Lok Sabha in 2011 through his fast at Ramlila Maidan, hoped the bill is signed into a law within 1-2 months.
The 76-year-old Gandhian, however, said mere enactment of the law would not serve the purpose and announced he would form “watchdog bodies” in states and districts to keep an eye on how the law was being enforced.
“The law will be meaningless unless it is implemented and enforced properly. I will constitute watchdog bodies at all levels…In states, districts everywhere.
“These bodies having retired judges, State Police chiefs and others with impeccable integrity will keep vigilance on how the law is implemented. Only then the people will benefit from this law,” he said.
Hazare, who thanked everybody, from MPs to political parties, Rajya Sabha’s Select Committee, to policemen at his fast venue, the ‘pandalwala’ to the doctors who looked after him during the hunger strike, his fourth for Lokpal, chose not to make any mention of Arvind Kejriwal and others from the AAP, who played a role in building the movement.
Instead, before beginning his speech, Hazare chastised some people standing in front of TV cameras, to apparently target Kejriwal and his band of media-savvy supporters.
“The country or society does not benefit from people who stand before cameras. If I had chosen to stand in front of the cameras, I would not have reached where I have,” he said.
The anti-graft crusader had ordered a frontline AAP leader Gopal Rai out of his fast venue and village after he had engaged in a spat with former Army chief General V K Singh, who had slammed Kejriwal and others for having deserted Hazare and formed a political party.
Hazare had special praise for the Select Committee, which included several provisions for strengthening the Lokpal Bill after it was passed by the Lok Sabha in 2011.
“I thank the Select Committee on behalf of Ralegan Siddhi family and people of the country. The bill passed by the Lok Sabha was weak. The improvements made by the Select Committee are in conformity with the aspirations of the people,” he said.
“I thank all members the Rajya Sabha and Lok Sabha with folded hands as they have taken a good step for the country. For the first time in 66 years a law is set to be made that would put brakes on corruption,” he said, adding though the law will not completely stamp out graft, it would certainly being it down by 40-50 per cent.
He also thanked Congress vice president Rahul Gandhi and BJP leaders for “awakening” the parties who later backed the legislation.
Hazare voiced hope that the bill would be signed into a law within 1-2 months, before the model code of conduct for next year’s general elections kicks in.
“Then people would know of the smallest things envisaged in the law and they would be able to reap its benefits,” he said.
Though Hazare hardly had any good word for his former comrades, his key aide and former IPS officer Kiran Bedi seemed to acknowledge their role in the Lokpal movement when she thanked “all those who laid the foundation of the movement” on the “historic occasion”.
She too, however, said those who thought the Lokpal Bill did not have provisions to check corruption effectively, were not correct.
“Anna kept track of what was transpiring in the Select Committee and knew for sure that things were proceeding in the right direction,” she said.
“The Lokpal will be the Supreme Court in matters of corruption. CBI will no longer be a caged parrot but a free bird. Lokpal is the fruit of Anna’s penance and sacrifice. Parliament has given the credit for Lokpal without him soliciting it,” she said as jubilant Hazare supporters danced to the popular Hindi film number “Dil Diya Hai, Jaan Bhi Denge, Aye Watan Tere Liye”.
She said now the task ahead was to see how a good Lokpal is constituted at the Centre and states set up the Lokayuktas.
“The people in states should demand Lokayuktas to be set up and make their votes conditional to parties which favour establishing the institution,” she said.
She hit out at Samajwadi Party supremo Mulayam Singh Yadav, whose party opposed the Lokpal Bill, saying “Mulayam feared officers would now not sign on the files. No, they will sign but after giving due thought. They will tender advice to the ministers who will take correct decision lest anybody goes to the Lokpal with a complaint.”
General V K Singh congratulated the people on the passage of the “historic legislation”.
“All major hurdles have been crossed, but it is important how the provisions of the bill are implemented,” he said.
Hazare later drank a glass of coconut water offered by three school children from Ralegan Siddhi to break his fast.
Not satisfied with the Lokpal Bill passed by the Parliament today, Aam Aadmi Party leader Yogendra Yadav said the Bill was not in the form as asked for and the political class would continue to “rule the Lokpal”.
“There are three promises made by Parliament to Anna Hazare that have not been fulfilled. The political class will continue to rule the Lokpal,” Yadav told reporters at Chennai.
About Hazare accepting the Lokpal bill passed, Yadav said, “I hope Anna realises the Bill is not what he wanted but he has accepted it. We do not accept the bill in this form.”(PTI)

 

Salient features
of Lokpal
Following are some important features of the Lokpal and Lokayuktas Bill, 2011, passed by Parliament.
— Lokpal at the Centre and Lokayukta at the level of the States.
— Lokpal will consist of a chairperson and a maximum of eight members, of which 50 per cent shall be judicial members.
— 50 per cent of members of Lokpal shall be from SC/ST/OBCs, minorities and women.
— The selection of chairperson and members of Lokpal shall be through a selection committee consisting of Prime Minister, Speaker of Lok Sabha, Leader of Opposition in the Lok Sabha, Chief Justice of India or a sitting Supreme Court Judge nominated by CJI, eminent jurist to be nominated by the President of India on the basis of recommendations of the first four members of the selection committee.
— Prime Minister has been brought under the purview of the Lokpal.
— Lokpal’s jurisdiction will cover all categories of public servants.
— All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are brought under the jurisdiction of Lokpal.
— Provides adequate protection for honest and upright public servants.
— Lokpal will have power of superintendence and direction over any investigation agency including CBI for cases referred to them by Lokpal.
— A high powered committee chaired by the Prime Minister will recommend selection of the Director, CBI.
— Directorate of Prosecution headed by a Director of Prosecution under the overall control of Director.
— The appointment of the Director of Prosecution, CBI on the recommendation of the Central Vigilance Commission.
— Transfer of officers of CBI investigating cases referred by Lokpal with the approval of Lokpal.
— The Bill also incorporates provisions for attachment and confiscation of property acquired by corrupt means, even while prosecution is pending.
— The Bill lays down clear time lines for preliminary enquiry and investigation and trial and towards this end, the Bill provides for setting up of special courts.
— A mandate for setting up of the institution of Lokayukta through enactment of a law by the State Legislature within a period of 365 days from the date of commencement of the Act. (PTI)