Wednesday, December 21, 2011

Lokpal bill draft gets Cabinet nod; Team Anna, oppposition reject it

NEW DELHI: The Cabinet finally cleared theLokpal and Lokayukta bill on Tuesday evening, but their key formulations were promptly slammed by both Team Anna and the opposition, setting the stage for a continuing confrontation within and outside Parliament. 


Although government put Group C&D categories of government employees under Lokpal's purview, civil society activists screamed foul over lack of investigation powers for the anti-corruption mechanism. Retention of government's administrative control over theCentral Bureau of Investigation -- power to decide transfers and postings within the organization -- is another major bone of contention with the activists and main opposition BJP. 


Both are also cut up with the government over the composition of selection panel for Lokpal, saying that it was dominated by government's nominees. 


The proposal to split CBI's investigative and prosecution wings and place the latter under the Lokpal has not found favour, thus helping both CBI and CVC survive attempts to render them Lokpal adjuncts. According to the draft bills, CBI will report to the Lokpal only with regard to cases referred to it by the anti-corruption ombudsman. Lokpal will have a greater jurisdiction over CVC, but the latter will not be hamstrung from taking up cases on its own and referring those to the CBI. 


The government, however, agreed to end its monopoly on appointing the CBI chief and has agreed to a selection committee comprising the prime minister, leader of opposition and chief justice of India or one of his nominees. 


Also, Lokpal can initiate a preliminary inquiry in a case of alleged graft. 


The Cabinet shed its previous reservations over placing the PM within the Lokpal's ambit although the bill excludes inquiries in matters relating to areas like national security and foreign policy, space and atomic energy. Three-fourths of the Lokpal members will have to okay an inquiry against the PM, while the proceedings will be held in-camera. Here again, Team Anna differs with the draft, calling for the law to cover the PM unconditionally. 


Given Team Anna and the opposition's rejection of important aspects of the draft, there is a concern in government that the Centre will have to face both the Hazare agitation, the hostility of opposition groups and the resentment of all levels of government employees who are now covered by the bill. 


The bill states the Lokpal will be a 9-member body, including the chairperson and it will have a 50% reservation for OBCs, SCs, STs and minorities. There will be a quota in the search committee as well that will make recommendations to a 5-person selection panel comprising PM, leader of opposition in Lok Sabha, Speaker of Lok Sabha, Chief Justice of India or a nominee and a legal expert nominated by President. 

with thanks : Times of India : link in the headline above for detailed news. MUST READ.

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