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This is an archive article published on June 7, 2011

Dont give Lokpal so many powers

As the government suddenly decided to assert itself against the Anna Hazare-led movement,the civil societys version of the Jan Lokpal Bill.

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As the government suddenly decided to assert itself against the Anna Hazare-led movement,the civil societys version of the Jan Lokpal Bill has come under sharp attack from within the grouping itself.

Prominent civil society members,including former chief justice of the Delhi High Court A P Shah and former BSF director general Prakash Singh,have raised several questions on the provisions of the Jan Lokpal Bill proposed by the Hazare camp.

At a debate organised by the Foundation for Media Professionals on Sunday,these independent voices said investing the office of the Lokpal with extraordinary powers to investigate,prosecute and act as a judge would be counterproductive.

Let us not draw a legislation that can be challenged on the grounds that it is violative of the basic structure of the Constitution. It would be wrong to assume that the Lokpal in itself would be able to change the world. Please do not overload the Lokpal with so much work that it gets crushed under its own responsibility and public expectations, Prakash Singh said.

Environmental lawyer and social activist Usha Ramanathan said the kind of powers that are envisaged to be given to the Lokpal would invariably corrupt the institution.

This version of the Bill assumes a lot of things,like every delay that happens in processing work is because of corruption. It is not like that, she said.

Shah said the mandate of the Lokpal should only be limited to fighting corruption and there was no need to extend its powers to look into public grievances as well.

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Just see the kind of powers you are trying to give to the Lokpal. It will have the powers to investigate,prosecute,remove or suspend officers,impose fines and many others. My submission is please dont invest the office with so many powers. We all know how absolute power corrupts absolutely, Shah said.

Nikhil Dey of the Mazdoor Kisan Shakti Sangathan said it would be impossible to ensure that the Lokpal does not misuse the enormous powers it is invested with.

RTI activist Shekhar Singh was in favour of improving the existing institutions by making them stronger. Setting up new institutions would not make any huge difference, he said.

Hazares colleagues Arvind Kejriwal,Prashant Bhushan and Kiran Bedi tried to answer each issue raised by the other civil society members.

 

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