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Tuesday, August 4, 1998

Now PMO issue may block Lok Pal bill

EXPRESS NEWS SERVICE  
NEW DELHI, Aug 3: A seventh attempt is being made to set up a Lok Pal with the introduction of the controversial bill in the Lok Sabha today. But like its six predecessors, this bill too appears doomed in the absence of a political consensus to see it through.

The new bill differs from its previous incarnations in that it brings the Prime Minister under the purview of the Lok Pal. But it is this provision that may seal its fate as two former Prime Ministers, IK Gujral and Chandra Shekhar, have voiced strong objections to allowing the office of the PM to fall victim to ‘‘frivolous complaints.

Although the Congress has not said anything officially, it has consistently resisted efforts to include the PM in the list of functionaries against whom the Lok Pal can entertain charges of corruption.

Clearly, the BJP-led Government will find it difficult to push the bill through and its insistence on introducing it in the ongoing budget session is being seen as a bid to score a political point over itsrivals.

There were no indications today when the bill would come up for discussion in the House. With the session due to end on Wednesday, the likelihood of the Lok Sabha taking it up before it adjourns seems remote. It will thus have to be deferred till the winter session.

The Lok Pal Bill, 1998, provides for an inquiry into complaints of offences punishable under the Prevention of Corruption Act, 1998, against public functionaries. The term ‘‘public functionaries will cover the Prime Minister, cabinet ministers, ministers of state, deputy ministers and Members of Parliament.

It also makes it mandatory for MPs and their family members to make an annual declaration of their assets and liabilities.

The office of the Lok Pal, as envisaged in the bill, will consist of three persons. The chairperson will be drawn from the Supreme Court while the other two members can also be a Chief Justice of a High Court.

The members of the Lok Pal are to be appointed by the President on the recommendations of acommittee consisting of the Vice President, the Prime Minister, the Speaker of the Lok Sabha and the Home Minister.

It will have a fixed tenure and with a view to ensuring that it is able to act independently, the bill provides that neither the chairperson nor a member can be removed from his office, except by a presidential order on grounds of proved misbehaviour or incapacity.

Tracing the history of the bill, Vajpayee pointed out that the proposal to set up an institution to redress citizens grievances against their elected representatives in Parliament was first mooted in 1966 by the Administrative Reforms Commission.

The Lok Pal and Lok Ayukta Bill was subsequently introduced in 1968. It was passed by the Lok Sabha in 1969 but while it awaited green signal from the Rajya Sabha, Parliament was dissolved and the bill lapsed.

Since then, similar bills have been introduced in Parliament five times but for one reason or another, they have never passed into law.

The last time an attempt was made toget the Lok Pal going was in September 1996. That bill was referred to the Standing Committee of the Home Ministry which presented its report to Parliament in May 1997. Since the Lok Sabha was dissolved in December that year, Parliament could not finalise its stand on the recommendations of the Standing Committee.

It has thus come before the Lok Sabha for the seventh time as a new bill. It is anticipated that the Lok Pal will involve a non-recurring expenditure of Rs 25 lakh and a recurring cost of Rs one crore.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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