Journalism of Courage
A crucial amendment that the opposition BJP and Left will press separately on the power of the Lokpal over the CBI is likely to become the major hurdle in the passage of the anti-corruption legislation at parliaments extended three-day session beginning tomorrow.
The CPMs amendment seeks an investigation wing for the Lokpal,and wants the ombudsman to have powers of superintendence,direction and full administrative control over the CBI. The BJP has insisted that the Lokpal should have competent staff under it to conduct preliminary inquiries and who should,in respect of cases referred to CBI,function independently of the central government as an independent and autonomous agency.
The opposition move came even as Parliamentary Affairs Minister Pawan Kumar Bansal this evening appealed to all parties not to press with amendments,and to support the government-sponsored strong bill and a fine piece of legislation.
The government will also face collective pressure from the opposition on the issue of complaints against Group C and D employees.
The CPM amendment wants complaints against this section to be investigated by the CVC,which would have to submit its report to the Lokpal for further action. The BJP wants the lower bureaucracy under the Lokpal through an appropriate mechanism,but party sources today said the CPM position was good enough for them.
There are some aspects on which the BJP and Left differ,significantly in their positions on the reservation for minorities on the Lokpal bench. The BJP will press an amendment opposing the quota on the ground that it is unconstitutional; the CPM,on the other hand,supports the move.
A CPM amendment that might not find favour with the BJP is one that proposes that the Lokpal can take suo motu action against corporates and individuals if it has enough reason to believe that contracts,leases or agreements from the government were obtained through corrupt means.
An additional amendment allows the Lokpal to recommend recovery of a sum equivalent to the loss entailed to the exchequer through confiscation of assets of corporates and its officers.
Interestingly,the CPM has opposed the provision that allows the president to nominate a member on the selection committee to choose the Lokpal and its members. Its amendment,instead,says the member should be nominated by a panel comprising the CEC,CAG and UPSC chairperson.
The government might also have to agree to another amendment to be proposed by both the BJP and Left that denies immunity to the prime minister vis-a-vis commercial agreements. While the bill says that the office of PM will be excluded from probe by the Lokpal in areas such as international relations,external and internal security,public order and atomic energy and space,the opposition wants that he should forfeit this immunity if the matter relates to allegations of corruption in commercial transactions under these heads.
The Samajwadi Party,which has 22 members in the house,has indicated it would be pressing amendments of its own. Our approach is going to be constructive. We think that the Lokpal should have its own investigative and prosecution wings while keeping the CBI independent. We will also move amendments to the provisions that bind the presiding officers in acting against legislators without the completion of trial in cases brought to the notice of the Lokpal, spokesperson Mohan Singh said today.
On its part,the government hoped that the bill would be passed. Different people may have different views but we have sanguine hope that everybody will discuss it and ultimately pass it. This is the first time that the Lokpal bill has reached this stage and our efforts should not go in vain, Parliamentary Affairs Minister Bansal said.
Asked if the government has the requisite numbers to pass the Constitution (116th Amendment) Bill,which would give constitutional status to the Lokpal,Bansal said that everybody will join us in voting for that.
The Congress has issued a three-line whip to its members to ensure their presence in the Lok Sabha when the bill is taken up for passage.The government also made another appeal to Anna Hazare not to go on a fast and wait for parliament to discuss the legislation first.
BJP circles,meanwhile,conceded that there could be division within NDA ranks on some of the amendments. The Akali Dal,for instance,may oppose the BJP on the issue of reservation for minorities,while the Shiv Sena has already made it clear that it does not favour the creation of a Lokpal to begin with.
