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Lokpal: Third draft emerging as civil society debate opens up

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Seema Chishti

Posted: Jul 07, 2011 at 0145 hrs IST

New Delhi The current debate on the Lokpal Bill is split along two lines: the UPA’s draft and that of Team Anna Hazare. But now, not just the political establishment, other sections of “civil society” are standing up to call for a wider debate and cautioning against a rush to push any version through.

So while the Sonia Gandhi-led National Advisory Council may have made it clear that it wouldn’t discuss the Lokpal Bill, the National Campaign for People’s Right to Information (NCPRI) — whose membership overlaps with that of the NAC — has indicated that it’s working on its own draft of an anti-corruption law.

This was evident at a two-day session that ended today, hosted by the NCPRI and the Centre for the Study of Developing Societies (CSDS).

Aruna Roy and Harsh Mander, who are members of both the NCPRI and of the NAC sub-group that was initially working on the Lokpal Bill, argued for nurturing existing institutions and empowering them, rather than simply drafting new laws and creating new institutions.

Roy cautioned on defining “deadlines” for such a complex law. “There has to be wide public consultation and we need to take in suggestions, revisit the law and principles,” she said. “The process will take time. Personally, I have a great problem with deadlines. To just get a law and be burdened with it is not the answer. If you want the system to work, we must budget in some time in trying to enact a suitable solution. However, I am anxious that it all doesn’t lead to simply postponing it for the sake of it but we cannot rush through everything either.”

Echoing this was Shekhar Singh of NCPRI: “We hope those who are co-drafting this Bill with government ministers (a reference to Team Anna) will hear our point of view as we have heard theirs. We will go to all political parties and behave like we do in the pre-legislative process for any law. We are also hoping we can persuade the NAC to take this up again. Another point of view cannot be trivialized or brushed away. Legislation is the result of complex processes and we are ready for a serious discussion.”

Medha Patkar of the Narmada Bachaao Aandolan argued for more “unity” in “civil society” and the “need for standing together with those who have brought up this issue of the Lokpal and respect the voice of the people and support the Jan Lokpal Bill.”

Harsh Mander of the NAC responded by praising Team Anna for having brought a 42-year-old issue back on the front-burner but questioned how anyone could claim to be “the voice of the people.”

“We can only be a voice,” Mander said. “I claim to speak only for the voice of my conscience and that too falteringly. However, to simply say that just because Medha cannot win an election, you can brush her and others aside is wrong. But those who have raised this demand should have the humility to accept that there are other voices and recognize that what they are saying fulfils the same objective but proposes a different way — there must be respect for the diversity of the voices of the unelected.”

The NCPRI’s draft Lokpal Bill is still to be finalized but its underlying principle, sources said, is a “basket” of measures to curb corruption, hearing and dealing with grievances and protecting whistle-blowers.

It also recognizes the need to strengthen existing institutions — such as the CVC — by ensuring their autonomy. The “basket” approach envisages keeping the judiciary accountable to a National Judicial Commission and strengthening the Judicial Standards and Accountability bill.

It sees the Prime Minister as accountable to the Lokpal but only after certain conditions have been met — a full bench of the Supreme Court should approve of the investigation (against the PM) and the ruling party/coalition should be given suitable notice.

This version steers clear of the PM’s vicarious responsibility — indirect responsibility of ministries not under him — and also on security and intelligence matters. This approach also sees various levels of those in public life, NGOs and corporates accountable to different agencies. This is a clear departure from the current draft that argues for one superbody to look at all problems at all levels.

Team Anna’s Prashant Bhushan, too, participated in the discussions.

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third dräft is the solution by chandramanr on 21 Aug 2011

Thank god there are some thinking beings in this country, Miss roy presented a feasible and an intelligent bill, thumbs up to u. Janlokal bill will never b a reality, i bet, and it should not be even.

Lokpal: Third draft by Gaurav Kaushik on 07 Jul 2011

This is a new game played by some people who are doing it either on behalf of congress or else searching for a limelight and recognition from masses. The confusion this new draft will cause will surely derail the whole process. Aruna Roy does not know what she stands for as she will take time to think like the last 43 years has never been there and she is aghast that Anna's fast is not too far away. As for Harsh Mandar, the CVC strengthening is the solution. Is he going to draft a new bill demanding CVC independence and if govt does not give way - what will he do. All these people - they are not for solution proposed by Anna - if they were -they would have said what part of the draft is wrong. Some suggestions of giving time before you begin investigating PM is wrong as the wrongdoer will be able to control the outcome of investigation. To put hurdles like to have judicial consensus means you are seeking to compromise the independence of Lokpal as you will make it dependent on judges.

Neither Lokpal nor Jokepal by S L Gera on 07 Jul 2011

This is how the politicians play the games. The divide in the society created by some shrewd politicians may not allow the Lokpal Bill or the so called Jokepal Bill to go to the Parliament. Apparently, the intentions of some of the politicians who hold responsible positions in the government are against the Lokpal and therefore even if the Lokpal Bill is passed by the Parliament, its failure would be ensured to prove what they have been saying that Lokpal cannot eradicate corruption.

LOKPAL DRAFT IMMATERIAL: WHAT CULMINATES AS LAW MATTERS by Egghead on 07 Jul 2011

It's immaterial in what form the Lokpal Bill emerges. What matters is the form it assumes when it is enacted as law. A doctor does not treat himself for his disease. Similarly the thinking that a potent Lokpal Bill with enough teeth to punish the corrupt, in legislative, executive and judiciary, will be passed by Parliament, is a pipedream. There is a vicious nexus between legislative, executive and the business class when it comes to projects involving thousands of crores. That is what the G scams have shown. The flesh is willing but the spirit is weak- coalition compulsions?

Loot at Maximum Speed. by Rajesh on 07 Jul 2011

I request politicians to loot the country with maximum efforts, so that, there is nothing left for others and they have to die. Then you all politicians live along in this country seeing and smelling Indians dead bodies. That time nobody will want and ask effective Lokpal bill.

Lets confuse and defuse by Maneesh on 07 Jul 2011

We can see number of efforts is made to defuse the process of Jan lok pal by creating more and more confusion and derail the process. No one of them have guts to talk with Team Anna in an open debate and prove then wrong cause that bill is absolutely comprehensive and covering all major aspects, and if it will be passed it will definitely curb corruption.

Lok Pal - Third Draft by Parminder Singh on 07 Jul 2011

I entirely agree with the write up and approach. However, may I suggest that both the drafts be uploaded on the internet for general public to see and offer suggestions / comments. Persons like Mr Mander may also kindly take up the task of organising discussions / seminars in various universities and other fora across the country, to discuss the matter. They should also organise group discussions and congregations where people should be motivated to take pledge not to give bribe under any circumstances. Further, there ought to be a contact number / e-mail ID ( not police )where people should be able to bring cases of undue delay on the part of any offocial/authority, in order to either harass the person or to extract bribe. Prompt response to complaint and remedial action would encourage more and more people to repose faith in this methodology and help curb corruption/ delays.

Sonia's new hand by Nabajit on 07 Jul 2011

This is Sonia's/congress political method. Divide and Rule policy. It is to divide the support of Anna Hazaray. But people can understand congress plitics. Congress will destroy the democracy of India by doing all this non sense politics.

destroying golden oppurtunity to clean the muck. by niraj on 07 Jul 2011

Government in collusion with B J P and other simmilar party has played politics to destroy jan lok pal.there cannot be greater and more positive evidence of neccesity of lokpal than that L A , L O O EX CM BIHAR himself opposing it so vociferously .the present state of affair in country is akin to debate in the house on how to clean a stinking shit lying on the floor of front room of house and each member of house advocates a different right and ritual to remove shit on the floor stinking for days and all of them refers to vedic version and read upnishad to find out whether remove stinking shit so early and without consensus will be righteous or sinfull. in india we donot lack leadership, we lack follower- ship ,india remains always divided even on issues like cleansing corrution and eradicating corrution by..any one can rule india so did british comfortably , a large chunk of indians were with britsh and for british rule to continue ,for petty gains and greed of indians

Dead lines by M K Keswani on 07 Jul 2011

Aruna Royji, while you may not be worried about dead lines, god only knows how much time each one of has, we are damn worried about time line. We want to see this bill through in our life time. It is more than 20 years this bill is being debated, what were you doing then that now suddenly you have woken up. For God sake and sake of children of today, either keep quite or help Anna so that a strong bill is passed.

Third Draft of Lokpal by A R NUJUM on 07 Jul 2011

With all respect to Anna Hazare team ,they are not the representative of the entire INDIANS. now there is a third option is there. we have to make a referendum with Experts opinion from all the states and finalize the draft to Parliament let them pass the Bill.

Delay tactics by Funny on 07 Jul 2011

In India, we have a culture of debating on issues forever without any conclusion. we can see it in all walks of life.Now when some good people are trying to force a fast decision on issue of corruption, Governemnt is out to delay and postpone by using all their might. their will be thousands of opinions thrown in and create confusion. This has been Congress legacy for last 60 years and common people are suffering more and more and a few select Khaas people are enjoying all the behifits and flourishing with fat swiss accounts. All these B***tds need to be hanged in public for not taking any decisions in the interest of common people and being selfish. We Indian people have to unite and force these select group of Nehru family (fake Gandhi)to get out of our country and allow some good Leaders to work freely and uplift our country. Sooner the Better. Influence of this Fake Gandhi family has been spoiling the entire nation and promoting dynastic rulke and corrupt practices.

Delay tactics in Lok pal bill by K.V.Nagarajan on 07 Jul 2011

Is this another tactics of Dirty Congress to delay the introduction of Lok pal Bill. Any party which does not willingly support for the strong Lok pal bill stands to loose in the next elections,which may not be far off as it appears as of now. Beware currupt people in Govt. Your days are numbered for sure.

Mr. by m p malliwal on 07 Jul 2011

Where were these Third Draft people were? They are questioning the the Anna Team, forgetting that Anna has full nsupport of the people.Such support has to be felt.

Lokpal-No need to hurry through by C S JACOB on 07 Jul 2011

One respects the matured views of Aruna Roy and Harsh Mander.both social activists of impeccable record. Democratic values should respect all views and then arrive at a consensus. But it needs to be ensured that the govt does not use that as an excuse not to have an effective law. People have great expectations from Lokpal, which one is afraid are misplaced. No doubt an effective Lokpal may address corruption at high places; but what about the one which the masses face at lower levels-getting an LPG/Electricity connection, Ration Card, Registering a property or filing a case in the courts without paying a bribe/tip to the concerned officials? The people who want short cuts are as much a party to the corruption which even an effective Lokpal cannot change. Unfortunately this aspect do not receive any attention in the esoteric debate whether the PM and higher judiciary should come under the Lokpal

ther will always be a new "voice" by ameet on 07 Jul 2011

Where were all these "voices" for the past umpteen years? After Anna has brought this issue to a melting point and the politico is feeling the heat all these "voices" are waking up in the last minute and causing delay in the process of passing the bill.

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