Lokpal report by standing committee presented in Rajya Sabha:Short Update

 Report on Lokpal and Lokayukata created by standing committee of Rajya Sabha was presented in parliament  on November 23, 2012. (CLICK HERE TO SEE THE MAIN POINTS OF REPORT)

 Report was tabled amidst din in the Upper House on Friday. The report was tabled even while Bahujan Samaj Party (BSP) members created a ruckus, demanding reservation for the Scheduled Castes and the Scheduled tribes in job promotion.

short points OF REPORT((CLICK HERE TO SEE complete POINTS OF REPORT)

Among its recommendations, the select committee has suggested  that the prime minister should be under the Lokpal's purview, except for matters related to external affairs, internal security, atomic energy, and international relations.

It also suggests delinking of state Lokayuktas from the Lokpal bill, giving only "direction" to states.

The recommendations would, however, not be binding on the government, which would decide the final version of the bill to be presented in parliament.

Source:http://www.hindustantimes.com/India-news/NewDelhi/Lokpal-report-tabled-in-RS-Parliament-paralysed-for-second-day/Article1-963192.aspx

Parliamentary Update for Lokpal

Rajya Sabha selected Parliamentary committee on Monday (November 19,2012)  adopted draft report on the Lokpal Bill.

Main Points of report/changes that may come in bill

• On strong resistance from opposition and allies( BJP,  CPM  and Trinamool ) committee has suggested delinking creation of Lokayuktas(state version of lokpal) from the Lokpal Bill.They however said  the state governments will have to set up their own ombudsman through enactment of law by the state legislatures within one year of commencement of this law.|This decision wrong as it will make Lokayukta different in every state as well as will make it vulnerable to become a state based weak bill leading to difficult usage of bill in multi-state corruption cases|(see report in this federal structure issue)
• The Select Committee is learnt to have not recommend any changes in the original controversial  provision relating to “reservation”.
  The original provision said ‘not less than 50 per cent of the members of Lokpal would be from SC, ST, OBC, minorities and women.Sushma Swaraj(BJP)  opposed this provision as this is against the constructional fact that reservation can't be given on basis of religion (on basis of minorities) 

• The Committee’s report defending itself on reservation policy said that “these provisions merely aim at providing representation to the diverse sections of the society in the institution of Lokpal...”and only indicates “the quantum of representation and not reservation”.
• According to TV reports, the panel has sought that the Prime Minister be brought under the purview of Lokpal barring departments like Intelligence, Atomic Energy which are RTI exempted.

CBI-LOKPAL relation

• Partially accepting suggestions made by parties like BJP and JD (U) on making CBI independent of government control, the Select Committee is learnt to have recommended that its chief be appointed by a collegium comprising of the Prime Minister, Leader of Opposition in the Lok Sabha and the Chief Justice of India.
• It also recommended that CBI should have a separate Directorate of Prosecution under a Director who should function under the agency chief. It said the Director of Prosecution should be appointed by the CVC.And also  that  recommended   CBI chief and the head of prosecution should have a fixed tenure.
• It said for cases referred by Lokpal, CBI may appoint a panel of advocates, “other than government advocates”, with the consent of the ombudsman.
• CBI officers investigating cases referred by Lokpal will only be transferrede by the aproval of the anti-corruption watchdog.
• The Committee said the poweer of superintendence and direction of CBI in relation to Lokpal referred cases must vest in Lokpal.
• On the issue of suspension of Chairman or member of Lokpal, government was of the view that since President is the appointing authority, he should have the power to remove.
• The panel also recommended that NGOs getting direct support in form of funds from the government be only covered by Lokpal or the proposed institution will be flooded by complaints

Source:http://www.thehindu.com/news/national/panel-for-delinking-lokayuktas-from-lokpal/article4111928.ece
http://timesofindia.indiatimes.com/india/Bring-Prime-Minister-under-Lokpal-House-panel-recommends/articleshow/17279083.cms
http://janlokpalbillcenter.blogspot.in/2011/12/lokpal-bill-passed-in-lok-sabha.html
http://janlokpalbillcenter.blogspot.in/2012/02/federal-structure-issue-shadowed.html

Parliamentary Progress:Lokpal became more weak

Parliamentary Progress(that media is ignoring)
Lokpal Bill discussed in Rajya Sabha is getting weaker and weaker. The essential powers and authorities that it need to be an ideal anti-corruption bill are being taken away from it.(See weakness of Govt's Lokpal)

• On October 26(2012), the law ministry at the Parliamentary Panel (created by Rajya Sabha for lokpal discussions) meet  advocated that officials in the prime ministers offices(PMO) should be kept out of the purview of the lokpal on matters related to national security — both internal and external.Some of the Members of the parliamentary panel seemed to have supported(/agreed) this suggestion by law ministry
• The panel members also agreed with a suggestion that people who handle sensitive subjects should enjoy immunity.
• The ministry has also cautioned(/contradicted) against the amendment moved by minister of state V Narayanasamy in the Rajya Sabha on May 22 that maximum flexibility be provided to states for setting up Lokayuktas.

Clarifying its stand, the ministry said, “All protection will be given to officials who were dealing with issues pertaining to national security, nuclear energy but the secretariat will be open for probe.”


However, AIADMK MP V Maitreyan clarified that the 
immunity would be related only to security issues, and not extend to other areas for the same officials who hold other charges as well. 
| Editor's View
:frankly its not the immunity , its their freedom to do scams or to dark out the same in the national security. Security of nation is a delicate matter but it doesn't means that this area is corruption free and don't need to be investigated by anti-corruption body. Revelations by Gen. V.K Singh have already verified the existence of corruption in the area of national security  |

Source:http://www.dnaindia.com/india/report_lokpal-loses-teeth-pmo-officials-out-of-its-reach_1756253
http://dailypioneer.com/nation/104247-in-short.html

Parliamentary Progress:conflicts and agreements

Panel meet that held on Tuesday(Oct 9) and Wednesday(Oct 10) was unable to made following progress .

Issues of conflict

•  Many of the  parties like  BJP,  CPM  and Trinamool  are opposing  Chapter 3 from lokpal which is imposing Center's Lokayukta bill on states saying that Lokayukta bill prepared by states will go in vein if  center's  Lokayukta bill is imposed on them. |But this opposition has almost shadowed various poor facts about State Lokayuktas Bills  (SEE here toothless condition of present lokayukta made by states )|
  
•  The sources also confirmed that there were differences between the ruling and Opposition MPs on the committee that would select the lokpal.
  
  Government's Bill has a five-member collegium consisting of the prime minister, the Speaker, the Opposition leader, the chief justice, or a Supreme Court judge nominated by Chief Justice, and an eminent jurist nominated by the President.
   "Some members felt there was too much reliance on the judiciary in the matter of selecting the lokpal and lokayukta, with eminent jurists outnumbering other sections of public life," the member said.

Points of Agreement 

• Two clauses that deals with the procedure for the removal of the lokpal were agreed upon. "Both government and Opposition agreed that clause one and three of the bill should be deleted wherein any citizen could petition the President for removal of the lokpal.
  Instead, the procedure for the removal would be the same as that of an impeachment of a judge. That is, 100 members of Parliament have to petition the President for removal," the source said.
  

Source:http://economictimes.indiatimes.com/news/politics/nation/lokayukta-dispute-stalls-lokpal-progress-select-panel-fails-to-resolve-issues/articleshow/16761642.cms

Passage of Lokpal Bill set to be delayed further

 The passage of the Lokpal Bill is set to be delayed further with a Parliamentary committee examining the bill likely to seek an extension till the beginning of the Winter session of Parliament. 
Rajya Sabha selected Parliamentary committee which met on August 30,is learnt to have decided to demand an extension(another dirty excuse) 
The term of the parliamentary panel has ended  on September 3 and it is likely to move a resolution in the Upper House seeking an extension till the first week of the Winter session. 
Once the Bill is passed by the Rajya Sabha with amendments, it will be sent back again to the Lok Sabha  for the so called re-examination and approval because this is a different version than the one cleared earlier.

Lokpal  Bill has been hanging in parliament since 1968 and its demand became furious in the 2011 with Anna's movement and IAC formation. Bill was passed in Lok Shaba and then intentionally blocked in Rajya Sabha(which is famous bill hanging institution) .Bill that is getting considered for passage in parliament is already in bad condition(see here) and is exposed to further deterioration .   Now god knows what will happen of the bill!


Source:http://ibnlive.in.com/news/passage-of-lokpal-bill-set-to-be-delayed-further/286934-3.html 

Analysis: Lokpal Bill may be tabled in parliament in current session, BUT WHEN?

Background 

• Lokpal Bill could be tabled in Rajya Sabha in the ongoing monsoon session if a parliamentary panel looking into the legislation gives its report before the end of the session, the government said.
• A total of 118 bills of the government were in various stages and much would depend on the recommendations of standing committees and the time available for their introduction or tabling in either House of Parliament.
• Once the Bill is passed by the Rajya Sabha with amendments, it will have to be sent back to the Lok Sabha for re-examination and approval because this is a different version than the one cleared earlier.
  Source: http://articles.timesofindia.indiatimes.com/2012-08-09/india/33117744_1_monsoon-session-lokpal-bill-rajya-sabha

Analysis

It all began with previous monsoon season and its not over till present one! The Bill was already sent to parliamentary panel and now again the same drama is being played, this will do nothing but delay the passage of bill to infinity!

Moreover, whenever the bill is tabled ,its tabled at the end of the session, Last time  in winter season of parliament bill was discussed just three or two days before season's deadline.  Similarly in budged season the bill is tabled just two days before it ends! So this time also is the govt waiting for monsoon season to end? When exactly are they going to give sufficient time for discussion and passage of strong Lokpal? 

New panel on Lokpal called Law secretary for advice

Background
Lokpal bill was earlier referred to a new parliamentary panel consisting of 15-member Committee chaired by Congress leader Satyavrat Chaturvedi by Rajya Sabha on May 21 2012


NEWS

1. This panel held its first meeting on Monday(25 June)  and has decided to call Law Secretary BA Agarwal to seek clarity on legal aspects involving the Lokpal Bill
   The Law Secretary is expected to brief the panel on the legal aspects of the Bill at its next meeting on July 4.
2. Panel also decided to seek opinion from a broad spectrum of people on the issue.
3. It was also decided to issue a public notification inviting comments on the Bill and call representatives of various ministries for recording of evidence.

It is interesting to note that several members of panel could not make it to the meeting for various reason ranging from delay in flight to lack of information about the meeting.

Editor's View: A parliamentary panel was also  formed about six months ago on the issue of  Lokpal. Lot of discussion with experts from different fields occurred  After that it was send to cabinet and then it arrived in Parliment at the end of winter season and got chocked in Rajya Sabha . Again, as bill arrived in Rajya Sabha, it was again referred to another panel. Clearly, same cycle of PCP (Panel-Cabinet-Parliament) has begun. This cycle may be required once but purpose of repeating the cycle is  nothing but to delay the Lokpal's implementation and deteriorate its quality!

Source:http://www.dnaindia.com/india/report_new-panel-scrutinising-lokpal-bill-to-call-law-secretary_1706594 

Lokpal Bill tabled in Rajya Sabha, no consensus yet

Basic Three

1. The Lokpal bill was taken up for discussion in the Rajya  Today(  May 21 2012) two days before the budget session ends. 
2. Bill was referred to a parliamentary panel or Rajya Sabha panel for consideration as parties have failed to come to a consensus on the Bill's provisions.
3. Last night, the government had circulated a notice of amendment to the Bill, especially on the Lokayukta provision, leading to speculation that the measure could be brought for consideration and passage.(see side effects of this amendment ) 

Soon after the Bill was tabled, the Samajwadi Party moved a motion for referring it to the select committee. The BJP, however, objected to it.So The government later moved motion to refer the Bill to the select panel. Those who refereed bill to parliamentary pane commented that Bill should be referred because of lack of consensus over major issues like lokpal's dominance over the CBI etc.

Editor's View: We want to ask two things

1. Why the Bill is always discussed in the last days of a particular session? Last time  in winter season of parliament bill was discussed just three or two days before season's deadline. Similarly now too in budged season the bill is tabled just two days before it ends!
2. Why there is never a consensus over some issues which makes lokpal bill powerful?
   consensus will occur both Government, its allies and opposition will not hurdle the procedure. Hence, lack of consensus reveals that political class weather Govt or opposition don't want to pass this bill! 

The Bill was already sent to parliamentary panel and now again the same drama is being played, this will do nothing but delay the passage of bill to infinity! (also see Politicians are fooling Public over lokpal matter)

Source:http://www.hindustantimes.com/India-news/NewDelhi/Lokpal-Bill-tabled-in-Rajya-Sabha-no-consensus-yet/Article1-859162.aspx

http://www.indianexpress.com/news/no-consensus-lokpal-bill-referred-to-rajya-sabha-panel/952008/