Bookle+
BookWorm
More
Politics/Nation
Lokpal Bill gets wobbly in Rajya Sabha
- Story
- Comments (1)
Read more on »Trinamool Congress|Rajya Sabha|Rajeev Shukla|Lokpal Bill|Bahujan Samaj Party|Arun Jaitley|Anna Hazare
NEW DELHI: Two days after the Lok Sabha passed it, the much-awaited Lokpal bill appeared to have hit a political roadblock in the Rajya SabhaThursday as MPs furiously debated its pros and cons.As the day-long debate entered the night with the government and the opposition taking contrasting stands on key provisions of the bill aimed at combating corruption, the ruling party was hit by a numbers crunch.
Already outnumbered by the opposition benches in the upper house, the Congress seemed to have lost the vital support of ally Trinamool Congress over the bill’s provisions related to the powers wielded by states.
Fearing loss of federal autonomy under the bill, the Trinamool has moved about 40 amendments for a complete separation of the Lokayuktas, the state ombudsman, from the Lokpal bill.
Minister of State for Parliamentary Affairs Rajeev Shukla admitted to the hiccups.
“We admit we don’t have the numbers in the Rajya Sabha. But we are trying our best to get the bill passed. Our intentions are honest,” he said midway through the animated discussion that at times turned stormy.
Added a minister: “We are short of numbers in the Rajya Sabha.”
Speculation mounted that the bill could be pushed to the next session of parliament in February, disappointing the government which badly wanted to enact the legislation in this session.
In a house of 243 members, the government needs the backing of at least 122 to pass the bill. The Congress-led United Progressive Alliance (UPA) has only 95 members.
As the Congress core committee took stock of the situation, Congress sources said it was talking to MPs in a desperate bid to build up majority support. But this appeared to be a daunting task.
The debate started Thursday with Bharatiya Janata Party’s (BJP) Arun Jaitley launching a spirited attack on what he said was the government’s failure to bring about an effective Lokpal.
“If you are creating history, let us not create bad history. Let us create an institution which is constitutionally possible,” he said, pointing out a litany of loopholes in the proposed law.
“You wanted to create a phoney Lokpal,” he said, looking at the treasury benches.
Congress spokesman Abhishek Manu Singhvi hit back, accusing the BJP of dishonesty.
“If you don’t want to pass the bill, say so, and have the courage and don’t hide behind excuses,” he said in a speech repeatedly interrupted by opposition MPs.
“You are using conditionality as a pretext not to pass the bill. If you don’t want to pass the bill, say so.”
Bahujan Samaj Party veteran Satish Misra insisted that the Central Bureau of Investigation (CBI) should be kept outside the purview of the Lokpal.
Marxist Sitaram Yechury added to the criticism, saying the Lokpal brought by the government could not overcome the country’s cancerous corruption.
Official sources said notices had been given for as many as 173 amendments to the bill, almost all of them from the opposition.
A key rallying point is the Trinamool Congress, which has six vital MPs in the Rajya Sabha and wants a provision on setting up of state Lokayuktas deleted. This found resonance with most regional parties and the BJP.
With political consensus not just eluding but parties at odds, on the final shape and powers of the Lokpal, Team Anna member Prashant Bhushan, himself a Supreme Court lawyer, despaired: “From whatever we have seen so far in Rajya Sabha, I don’t think the Lokpal bill will get passed.”
As for Anna Hazare, who started it all with a five-day hunger strike in Delhi in April, he returned Thursday to his Ralegan-Siddhi village, a day after calling off a three-day fast in Mumbai a day ahead of schedule.
Already outnumbered by the opposition benches in the upper house, the Congress seemed to have lost the vital support of ally Trinamool Congress over the bill’s provisions related to the powers wielded by states.
Fearing loss of federal autonomy under the bill, the Trinamool has moved about 40 amendments for a complete separation of the Lokayuktas, the state ombudsman, from the Lokpal bill.
Minister of State for Parliamentary Affairs Rajeev Shukla admitted to the hiccups.
“We admit we don’t have the numbers in the Rajya Sabha. But we are trying our best to get the bill passed. Our intentions are honest,” he said midway through the animated discussion that at times turned stormy.
Added a minister: “We are short of numbers in the Rajya Sabha.”
Speculation mounted that the bill could be pushed to the next session of parliament in February, disappointing the government which badly wanted to enact the legislation in this session.
In a house of 243 members, the government needs the backing of at least 122 to pass the bill. The Congress-led United Progressive Alliance (UPA) has only 95 members.
As the Congress core committee took stock of the situation, Congress sources said it was talking to MPs in a desperate bid to build up majority support. But this appeared to be a daunting task.
The debate started Thursday with Bharatiya Janata Party’s (BJP) Arun Jaitley launching a spirited attack on what he said was the government’s failure to bring about an effective Lokpal.
“If you are creating history, let us not create bad history. Let us create an institution which is constitutionally possible,” he said, pointing out a litany of loopholes in the proposed law.
“You wanted to create a phoney Lokpal,” he said, looking at the treasury benches.
Congress spokesman Abhishek Manu Singhvi hit back, accusing the BJP of dishonesty.
“If you don’t want to pass the bill, say so, and have the courage and don’t hide behind excuses,” he said in a speech repeatedly interrupted by opposition MPs.
“You are using conditionality as a pretext not to pass the bill. If you don’t want to pass the bill, say so.”
Bahujan Samaj Party veteran Satish Misra insisted that the Central Bureau of Investigation (CBI) should be kept outside the purview of the Lokpal.
Marxist Sitaram Yechury added to the criticism, saying the Lokpal brought by the government could not overcome the country’s cancerous corruption.
Official sources said notices had been given for as many as 173 amendments to the bill, almost all of them from the opposition.
A key rallying point is the Trinamool Congress, which has six vital MPs in the Rajya Sabha and wants a provision on setting up of state Lokayuktas deleted. This found resonance with most regional parties and the BJP.
With political consensus not just eluding but parties at odds, on the final shape and powers of the Lokpal, Team Anna member Prashant Bhushan, himself a Supreme Court lawyer, despaired: “From whatever we have seen so far in Rajya Sabha, I don’t think the Lokpal bill will get passed.”
As for Anna Hazare, who started it all with a five-day hunger strike in Delhi in April, he returned Thursday to his Ralegan-Siddhi village, a day after calling off a three-day fast in Mumbai a day ahead of schedule.
For Politics/Nation news updates, follow ET on Twitter
PREVIOUS STORY
Election Commission allows disbursement of relief funds,changes earlier decision
Election Commission allows disbursement of relief funds,changes earlier decision
EC has allowed the disbursement of relief funds, which it had earlier said had been deferred till the election process in Punjab.
NEXT STORY
Lokpal Bill not needed: Omar Abdullah
Lokpal Bill not needed: Omar Abdullah
Jammu and Kashmir Chief Minister Omar Abdullah today said there was no need for special laws like Lokpal as the state already had such provisions.
Readers’ opinions (1)
30 Dec, 2011 01:43 AM
ET, I am in a good mood. “Lokpal Bill gets wobbly in Rajya Sabha” What’s the matter with you guys? Bubbly instead of Wobbly wouldn’t have made it any different. Let me quote my favorite statesman of some strong words for (American) democracy. Alexis-Charles-Henri Clérel de Tocqueville (French pronunciation: [al?ksi or al?ksis d? t?kvil]; 29 July 1805, Paris – 16 April 1859, Cannes) was a French political thinker and historian best known for his Democracy in America (appearing in two volumes: 1835 and 1840) and The Old Regime and the Revolution (1856). In both of these works, he explored the effects of the rising equality of social conditions on the individual and the state in western societies. Democracy in America (1835), his major work, published after his travels in the United States, is today considered an early work of sociology and political science. take hostAn eminent representative of the classical liberal political tradition, Tocqueville was an active participant in French politics, first under the July Monarchy (1830–1848) and the Second Republic (1849–1851) which succeeded the February 1848 Revolution. Here is what he said: “An entirely democratic government is a machine so dangerous, even in America, that it has been necessary to take a host of precautions against the mistakes and passions of democracy. Source:Alexis de Tocqueville: A Life, Brogan, Hugh, New Haven and London, Yale University Press, 2006, pp 185 …and I am Sid Harth,
CBI must be independent of the government: BSP
- Story
- Comments
Read more on »UPA|Lokpal Bill|Jan Lokpal|Congress|Central Vigilance Commission|Central Bureau of Investigation|CBI|BSP|BJP|Bharatiya Janta Party
NEW DELHI: Accusing the Congress-led government of misusing the Central Bureau of Investigation(CBI), the Bahujan Samaj Party (BSP) on Thursday said the investigative agency must be independent of the government.“We all know how CBI is being misused by the central government. So we want the CBI to be independent and not under the administrative control of government,” BSP general secretary Satish Chandra Misra said while speaking during the debate on the Lokpal bill in the Rajya Sabha.
The BSP leader said both the Bharatiya Janta Party ( BJP)-led national Democratic Alliance (NDA) government and the Congress-led United Progressive Alliance ( UPA) government had misused the CBI.
“Congress leader Abhishek Manu Singhvi in his speech in the house has accepted that there are instances where CBI has been misused. Had CBI been independent, case (of corruption) against BSP chief Mayawati had been closed long back after it was proven that there was no evidence against her but the central government continues to stretch it,” he said.
He said that the Central Vigilance Commission (CVC) should also be made independent of the government.
Like Arun Jaitley, leader of opposition, Misra spoke strongly in favour of the spirit of federalism conveyed by the constitution and said the central government had no right to impose laws, like the appointment of a Lokayukta, on states without the concurrence of the state assemblies.
The BSP on Tuesday staged a walkout from the Lok Sabha shortly before the voting on the Lokpal Bill in protest against the government bringing a “weak” legislation.
The BSP leader said both the Bharatiya Janta Party ( BJP)-led national Democratic Alliance (NDA) government and the Congress-led United Progressive Alliance ( UPA) government had misused the CBI.
“Congress leader Abhishek Manu Singhvi in his speech in the house has accepted that there are instances where CBI has been misused. Had CBI been independent, case (of corruption) against BSP chief Mayawati had been closed long back after it was proven that there was no evidence against her but the central government continues to stretch it,” he said.
He said that the Central Vigilance Commission (CVC) should also be made independent of the government.
Like Arun Jaitley, leader of opposition, Misra spoke strongly in favour of the spirit of federalism conveyed by the constitution and said the central government had no right to impose laws, like the appointment of a Lokayukta, on states without the concurrence of the state assemblies.
The BSP on Tuesday staged a walkout from the Lok Sabha shortly before the voting on the Lokpal Bill in protest against the government bringing a “weak” legislation.
29 Dec, 2011, 04.53AM IST, ET Bureau
Diminished Lokpal a setback to concept of independent anti-graft body
- Story
- Comments (3)
Read more on »lokpal|Congress party|Central Vigilance Commissioner|Central Bureau of Investigation|BJP
The failure of the Constitutional amendment Bill to give the Lokpalconstitutional status is a major setback to the concept of an independent anti-corruption organisation. Anna Hazare is surely right in saying that whatever emerges will be a watered-down version of what was promised in the earlier sense-of-Parliament resolution.The Rajya Sabha is still debating the exact contours of the Lokpal Bill, which may be passed in one form or another. But the failure to give the Lokpal Constitutional status will definitely reduce its status and ability to carve out space for itself, and limit its ability to protect itself against attacks by politicians.
A Constitutional authority cannot be easily sabotaged. But an organisation created by law is vulnerable: the law can be rescinded or amended to cuts its wings. If the Lokpal goes after top politicians of any ruling party, there will be major attempts to sabotage its functioning.
It’s worth remembering the Supreme Court ruling in the hawala case, which placed the Central Bureau of Investigation under the Central Vigilance Commissioner. This was never implemented properly, and the law itself was subsequently altered to ensure political control of the CBI.
The Congress Party and BJP are blaming one another for the failure of the Constitutional amendment Bill. The Congress claims credit for attempting to give the Lokpal Constitutional status, and accuses the BJP of sabotage. The BJP claims that it is protecting the rights of state governments in a federal set-up, and accuses the Congress of bringing forth a phoney bill parading as a strong bill.
Many regional parties oppose a strong Lokpal, ostensibly on the grounds of state autonomy, but also out of fear of a strong investigative agency outside state government control. People in every party fear a strong Lokpal, and so resist it mightily, on real or imagined grounds.
Around 25 MPs of the ruling coalition were absent when the Constitutional Bill’s clauses were defeated, and this looks more like sabotage than poor floor management. Optimists may argue that a weak Lokpal will be better than no Lokpal. But that will fall short of what the people of India want.
A Constitutional authority cannot be easily sabotaged. But an organisation created by law is vulnerable: the law can be rescinded or amended to cuts its wings. If the Lokpal goes after top politicians of any ruling party, there will be major attempts to sabotage its functioning.
It’s worth remembering the Supreme Court ruling in the hawala case, which placed the Central Bureau of Investigation under the Central Vigilance Commissioner. This was never implemented properly, and the law itself was subsequently altered to ensure political control of the CBI.
The Congress Party and BJP are blaming one another for the failure of the Constitutional amendment Bill. The Congress claims credit for attempting to give the Lokpal Constitutional status, and accuses the BJP of sabotage. The BJP claims that it is protecting the rights of state governments in a federal set-up, and accuses the Congress of bringing forth a phoney bill parading as a strong bill.
Many regional parties oppose a strong Lokpal, ostensibly on the grounds of state autonomy, but also out of fear of a strong investigative agency outside state government control. People in every party fear a strong Lokpal, and so resist it mightily, on real or imagined grounds.
Around 25 MPs of the ruling coalition were absent when the Constitutional Bill’s clauses were defeated, and this looks more like sabotage than poor floor management. Optimists may argue that a weak Lokpal will be better than no Lokpal. But that will fall short of what the people of India want.
For Opinion news updates, follow ET on Twitter
PREVIOUS STORY
Illegal mining: Better governance and reforms needed
Illegal mining: Better governance and reforms needed
Better governance and reforms can curb illegal mining, not an export ban.
NEXT STORY
Tata Nano recall shows product recalls are a risky exercise
Tata Nano recall shows product recalls are a risky exercise
Product recalls are double-edged swords. There is the risk of adverse publicity & lead to immediate cash outgo, so it hits cos where it hurts them most.
Readers’ opinions (3)
M G Warrier (Thiruvananthapuram)
29 Dec, 2011 02:35 PM
In the given situation, UPA should have been more tactful in expressing their views and should have taken different groups into confidence, avoiding a confrontation on the floor of the House. But all these hold good only if there was a genuine intention to get the Bill passed in a particular form. Here, the interest seems to be to dodge the real issue, namely, putting in place a reasonably strong mechanism to handle corruption. There will not be many takers for the view that UPA was genuinely interested in giving constitutional status for Lokpal. They are already in trouble because of constitutional status enjoyed by Election Commission and CAG and the wearer knows where the shoe punches.
29 Dec, 2011 02:35 PM
In the given situation, UPA should have been more tactful in expressing their views and should have taken different groups into confidence, avoiding a confrontation on the floor of the House. But all these hold good only if there was a genuine intention to get the Bill passed in a particular form. Here, the interest seems to be to dodge the real issue, namely, putting in place a reasonably strong mechanism to handle corruption. There will not be many takers for the view that UPA was genuinely interested in giving constitutional status for Lokpal. They are already in trouble because of constitutional status enjoyed by Election Commission and CAG and the wearer knows where the shoe punches.
29 Dec, 2011 01:07 PM
any movement will have dwindling numbers coming out because most of us are breadwinners for the family and cannot miss work for days together .Also, without him coming out in the open and talk about it even the educated and metro ites would have known what it is all about.We are habitually sitting and counting our personal blessings and expect the govt to be doing everything , presumably always right, for us This is not the case; the opposition and activists do make the govt act responsibly and let us appreciate that
29 Dec, 2011 09:22 AM
I am from very begining commenting about the uselessness of his movement.He has understood the true and real character of B.J.P. and R.S.S.who were instigating him and gathering people in the ground to show his popularity.Anna was considering himself as living God. krishna kant chaubey.29.12.2011
25 Dec, 2011, 04.19PM IST, IANS
Team Anna seeks investigating powers for Lokpal in an open letter to PM
- Story
- Comments (2)
Read more on »Supreme Court|Search Committee|Prime Minister|Manmohan Singh|Lokayuktas|IAC|CVC|CBI|CAG
NEW DELHI: Team Anna, in an open letter to Prime Minister Manmohan Singhand parliamentarians Sunday, hoped the “best possible” anti-graft law will emerge from the debate in parliament and pitched for giving the Lokpal independent investigative powers.“While we are on record with our displeasure over the current draft of the bill, we are also keen that the best possible law should now emerge from the debate in the people’s Houses,” Hazare’s India Against Corruption (IAC) said in the letter.
It said the Lokpal and Lokayuktas should be able to carry out investigations through the anti-corruption branch of the Central Bureau of Investigation (CBI), which should be merged into the Lokpal, and the anti-corruption bureaus and vigilance departments in states should be merged into Lokayuktas.
Their second option was that Lokpal and Lokayuktas should have their own investigative wings which should have exclusive jurisdiction over cases under the Prevention of Corruption Act.
The third option was that was to give Lokpal the administrative and financial control over CBI, the letter said.
It also demanded that the appointment of the CBI director should be independent of any political control.
“The anti-corruption bureaus and state vigilance departments in state governments should be merged into Lokayuktas,” IAC added in the letter.
They also demanded that the Lokpal be picked through consensus of the selection panel and the committee should comprise the prime minister, leader of opposition in the Lok Sabha, two judges to be nominated by the collegium of Supreme Court judges, the Comptroller and Auditor General, the Central Vigilance Commissioner and the Chief Election Commissioner.
“Search committee to suggest nominees should consist of former chief justices, former CAG, former CVC and former CEC,” the letter said.
Team Anna has also demanded that the lower bureaucracy should be under the ambit of the Lokpal.
The government, in its bill introduced Dec 22 in parliament, has stated that the Lokpal will direct complaints against Group C and D employees to the CVC.
“Without these provisions, the Lokpal bill will be just another law — one among many that have proven ineffective so far,” the letter said.
Team Anna also said that although its opposition to some portions of the Lokpal bill remains, it wants parliamentarians to also include some of their points.
IAC said it wants the Lokpal and Lokayuktas to suo motu initiate their investigations without a complaint or reference from anyone.
“It should also not be required to alert the accused through preliminary enquiry or hearing before filing an FIR (First Information Report),” they said, adding this was recommended by the parliamentary panel that examined the Lokpal bill.
The letter said: “The year-long people’s campaign against corruption has brought us to the very edge of legislation that can tackle it powerfully.”
“Sensing the national mood, parliament has also taken it upon itself to foster a significant debate on the issues within the Bill, and for this we thank our elected representatives.”
It said the Lokpal and Lokayuktas should be able to carry out investigations through the anti-corruption branch of the Central Bureau of Investigation (CBI), which should be merged into the Lokpal, and the anti-corruption bureaus and vigilance departments in states should be merged into Lokayuktas.
Their second option was that Lokpal and Lokayuktas should have their own investigative wings which should have exclusive jurisdiction over cases under the Prevention of Corruption Act.
The third option was that was to give Lokpal the administrative and financial control over CBI, the letter said.
It also demanded that the appointment of the CBI director should be independent of any political control.
“The anti-corruption bureaus and state vigilance departments in state governments should be merged into Lokayuktas,” IAC added in the letter.
They also demanded that the Lokpal be picked through consensus of the selection panel and the committee should comprise the prime minister, leader of opposition in the Lok Sabha, two judges to be nominated by the collegium of Supreme Court judges, the Comptroller and Auditor General, the Central Vigilance Commissioner and the Chief Election Commissioner.
“Search committee to suggest nominees should consist of former chief justices, former CAG, former CVC and former CEC,” the letter said.
Team Anna has also demanded that the lower bureaucracy should be under the ambit of the Lokpal.
The government, in its bill introduced Dec 22 in parliament, has stated that the Lokpal will direct complaints against Group C and D employees to the CVC.
“Without these provisions, the Lokpal bill will be just another law — one among many that have proven ineffective so far,” the letter said.
Team Anna also said that although its opposition to some portions of the Lokpal bill remains, it wants parliamentarians to also include some of their points.
IAC said it wants the Lokpal and Lokayuktas to suo motu initiate their investigations without a complaint or reference from anyone.
“It should also not be required to alert the accused through preliminary enquiry or hearing before filing an FIR (First Information Report),” they said, adding this was recommended by the parliamentary panel that examined the Lokpal bill.
The letter said: “The year-long people’s campaign against corruption has brought us to the very edge of legislation that can tackle it powerfully.”
“Sensing the national mood, parliament has also taken it upon itself to foster a significant debate on the issues within the Bill, and for this we thank our elected representatives.”
For Politics/Nation news updates, follow ET on Twitter
PREVIOUS STORY
North Korean power-behind-throne emerges as neighbours meet
North Korean power-behind-throne emerges as neighbours meet
N Korean television on Sunday showed power-behind-the-throne Jang Song-thaek in the uniform of a general in a sign of his sway after the death of Kim Jong-il.
NEXT STORY
Indo-Aus ties touch new high with end of uranium irritant
Indo-Aus ties touch new high with end of uranium irritant
“We need to make sure that across our regions we have the strongest possible relationships we can, including with the world’s largest democracy, India.”
Readers’ opinions (2)
francis (kolkota)
26 Dec, 2011 09:11 AM
I think we have had enough of Team Hazare. Lets take what ever is proposed (and passed in parliament) ahead. It is more important than debating and raising unreasonable demands thereby wasting time. We should not give undue importance to a group, which itself has never assumed responsibility and is only playing role of a critique.
26 Dec, 2011 09:11 AM
I think we have had enough of Team Hazare. Lets take what ever is proposed (and passed in parliament) ahead. It is more important than debating and raising unreasonable demands thereby wasting time. We should not give undue importance to a group, which itself has never assumed responsibility and is only playing role of a critique.
Jai Bahujan Sena (Delhi)
25 Dec, 2011 08:03 PM
GREAT BETRAYAL OF BAHUJAN SANGHARSH BY BSP UNDER MAYAWATI Ram Janmabhoomi movement helped BJP to come into power. Jan Lokpal Movement has enabled Sangh Parivar backed elements to usurp power without formally getting into power. They have started dictating to the Government and Parliament from Ramlila Maidan. Unfortunately, Mayawati has become the new KALYAN SINGH of Uttar Pradesh by supporting this Jan Lokpal Movement for destroying the most revered temple of the Bahujan Samaj-the constitution. Does BSP and Mayawati have a secrect pact with the Sangh Parivar similar to the past alliances with the BJP ? Why is Behenji betraying the Bahujan Samaj ? The slogan of Bahujan Samaj has now become Behenji shankh bajayegi Annaji aage jayega Na rahega samvidhan Na rahega adhikar
25 Dec, 2011 08:03 PM
GREAT BETRAYAL OF BAHUJAN SANGHARSH BY BSP UNDER MAYAWATI Ram Janmabhoomi movement helped BJP to come into power. Jan Lokpal Movement has enabled Sangh Parivar backed elements to usurp power without formally getting into power. They have started dictating to the Government and Parliament from Ramlila Maidan. Unfortunately, Mayawati has become the new KALYAN SINGH of Uttar Pradesh by supporting this Jan Lokpal Movement for destroying the most revered temple of the Bahujan Samaj-the constitution. Does BSP and Mayawati have a secrect pact with the Sangh Parivar similar to the past alliances with the BJP ? Why is Behenji betraying the Bahujan Samaj ? The slogan of Bahujan Samaj has now become Behenji shankh bajayegi Annaji aage jayega Na rahega samvidhan Na rahega adhikar
…and I am Sid Harth@topcogitoergosum.com
Posted by admin at 8:22 pm
0 comments:
Post a Comment