Lokpal bill weak, says BJP; Lalu says don't yield to Anna. Kapil Sibal, meanwhile, believes country won't forgive opposition if bill is not passed
The Lok Sabha on Tuesday moved to drop Section 24 of the proposed Lokpal bill, a clause that allows presiding officers of the two houses of Parliament to act on the basis of a Lokpal report even before a trial is completed. The Lok Sabha speaker or chairman of Rajya Sabha is required to table the Lokpal report and inform Lokpal about the action being taken - or not taken - against the members concerned.
During the discussion, Left parties moved 11 amendments to the bill.
Earlier report:
The much-awaited Lokpal Bill was day taken up for consideration by the Lok Sabha on Tuesday on a stormy note with the opposition demanding its withdrawal contending it was full of deficiencies, even as the government asserted that it had sought to strike a fine balance.
Moving the Bill for consideration, minister for personnel V Narayanasamy asserted the supremacy of parliament saying, "We need to bow our heads to this House only and not before anyone else", apparently referring to Anna Hazare.
Narayanasamy contended that the Lokpal and Lokayukta Bill had several unique features like confiscation of properties of any person believed to have committed an offence relating to corruption.
As the minister was speaking, RJD chief Lalu Prasad was on his feet claiming that the Lokpal Bill was an attack on the federal structure of the Constitution. (read Laluji, you have been tricked by govt: BJP)
When Narayanasamy referred to setting up of Lokayuktas and lack of anti-corruption ombudsman in Gujarat, AIADMK and BJP members were on their feet shouting slogans against the government.
Leader of opposition Sushma Swaraj dubbed the Bill as full of deficiencies and wanted "the weak bill" to be sent back to the parliamentary standing committee so as to make it "effective and strong".
"Accept our amendments or withdraw the Bill... Send it back to standing committee for further discussion," she said while describing it as a "patently unconstitutional" legislation which the Opposition will not "tolerate".
Prasad also demanded withdrawal of the Bill contending that it was brought in "haste under pressure" from Anna Hazare.
Swaraj raised questions on the ambit of the proposed Lokpal in the states saying that the bill in its current form will infringe on the ambit of the Lokayukta which is already present in 18 states. Saying that provision for transition from a state-level anti-corruption ombudsman to Lokpal would only apply in these states, Swaraj pointed out to the government that bill proposes that Lokpal will become the de facto anti-corruption ombudsman in the nine other states.
Swaraj also criticised the Bill's provision for reservation for minorities saying that the move had more to do with politics than governance. She said that the prime minister, who belongs to a minority group was made the leader of the country because he was a remarkable Indian and not because of any political considerations.
Tearing into the Bill presented by the government, Swaraj said the Lokpal Bill in its present form would "sow the seeds of second partition" as it has the provision for religion- based reservation which was "patently unconstitutional".
"I warn you that you should not sow the seeds of second partition by going in for religion-based reservation," she told the Prime Minister, adding that Manmohan Singh had himself suffered the trauma and pain of the tragedy.
Noting that what was being sought to be passed would not be good for the country, Swaraj reminded Singh that he had himself narrated an Urdu couplet once in the House - 'lamhon ne khata ki, sadiyon ne saza payee' (a mistake committed in minutes have led to ages of suffering).
The Leader of the Opposition also raised objections to several issues including creation of Lokayukta through the Lokpal Bill and the process of appointment and removal of the ombudsman and demanded inclusion of CBI under its ambit, saying she had moved amendments on these counts.
She dismissed as "farce" the way the bill has included the Prime Minister in its purview. "You have brought the Prime Minister with a lot of protection so that no one will be able to touch him," she said.
Swaraj questioned the provision for in-camera proceedings and disallowing making public these proceedings even through RTI.
HRD Minister Kapil Sibal, who led the Congress counter- charge, hit out at the BJP saying it had "political motives" to delay the Bill so that it benefits them in the upcoming polls through Anna Hazare's campaign.
"If you oppose this Bill, you will be violating the sense of the House and people will never forgive you," he told the Opposition.
During the debate, which saw a war of words between opposition and the government, Swaraj said the Lokpal Bill aimed at creating a "weak" institution that will not have powers to even appoint its own secretary.
The BJP leader charged that at the same time the Lokpal would be so strong that it would be able to seek reports from the Speaker or Chairman of the two Houses of Parliament on why they were not taking action on complaints against MPs.
"This is unheard of as the Presiding Officers are not even answerable to any court," she said.
Referring to provisions on the appointment and removal of Lokpal, Swaraj said while the ombudsman would be appointed by a panel dominated by government representatives, his removal would be solely in the hands of the government.
"How can the Lokpal be independent if it is completely in the grip of the government?" she asked, and suggested that the Leader of Opposition in Rajya Sabha should be included, replacing the jurist in the selection panel.
Claiming that while two Ministers - Kapil Sibal and Pranab Mukherjee - maintained that the law would make Lokayukta in states optional, Mos in PMO Narayanasamy said it was mandatory. Swaraj alleged that the government was speaking in "different voices".
She insisted that if the Lokayukta was being formed under Article 253 of the Constitution, then it would amount to an attack on the federal structure.
"We wanted this Bill in the Winter Session but did not want such a Bill which will even destroy the existing system.
We wanted a strong and effective legislation," Swaraj said, adding, "Send Lokpal Bill again to Parliamentary Standing Committee for further discussion and return it after 2-3 months," Swaraj said.
However, union telecom minister Kapil Sibal attacked Swaraj's contention that there should be no reservation for minorities in the Lokpal, saying that would override the aspirations and right of 16 crore Indians who make up the section in question. Sibal said that the house should let the bill pass otherwise the people of India would never forgive the opposition.
At one point, Swaraj interjected Sibal to say that her party was ready to pass the Bill today itself if it was modeled on the one passed in BJP-ruled Uttarakhand.
At the outset, she said the way Narayanasamy placed the Bill for debate showed that the government was in a fit of rage as normally ministers introduce bills "very calmly and ask for support". But the way Narayanasamy did it, it looked that he was ready for battle.
The debate saw a war of words between the opposition and Sibal when he was speaking on the merits of the Bill.
Sibal asked Swaraj how she could state that Lokayuktas will not be appointed as per the provisions of the Bill when this had been agreed to in the "sense of the House" agreement.
He said whether the Lokayukta provision should be brought in under Article 252 or 253 should be decided by the courts.
Sibal said corruption was more prevalent in states and cited Karnataka as an example. This made BJP members from the southern state to rise on the feet and shout against him.
He said nobody was stopping BJP from appointing Lokayuktas in states where it is in power. He maintained that the institution of Lokayukta in these states was weak as the person is appointed by the Chief Minister.
"For the past nine years, the Gujarat government has not appointed Lokayukta... Why have you not appointed Lokayukta in Gujarat," Sibal said, charging that the opposition wants to "embrace" corruption in states.
He alleged that BJP is playing politics over the Lokpal issue and does not want the Bill to be passed. He hit out at the Left parties saying no public functionary was brought under the ambit of Lokayukta in the CPI (M)-ruled Tripura.
Sibal alleged that the intention of the BJP is not to allow any representation of 16 crore people from the minority community and women to be represented in the Lokpal.
"This argument (of no reservation for minorities in Lokpal) is unconstitutional," he said.
Earlier report:
The Lok Sabha started a discussion of the Lokpal bill at 11.45 am on Tuesday, soon after Anna Hazare launched his third fast, this time in Mumbai, to press for a stronger anti-corruption ombudsman.
In the lower house, leader of opposition Sushma Swaraj opened the discussion.
Meanwhile, Team Anna members and civil rights activists Shanti Bhushan and Prashant Bhushan are leading the fast at Ramlila Maidan in Delhi.
Related story:
Lokpal Bill: BJP will press for amendments
(PTI) With Lok Sabha taking up the Lokpal Bill for debate, BJP today said it will press for amendments and support parties seeking changes in the proposed legislation if there is common ground.
Terming the Lokpal Bill introduced in Lok Sabha on December 22 as "a weak bill", BJP's deputy leader in Rajya Sabha S S Ahluwalia said the party supports "a strong Lokpal Bill" and for an improved version of it, the party has moved certain amendments.
"While initiating the debate, Leader of Opposition Sushma Swaraj will elaborately discuss the amendments and then during the day, before conclusion of the debate, we will take a final call.
"If we find that amendments moved by other parties or members are in common with those moved by BJP, we will support them," Ahluwalia told reporters after the BJP parliamentary party meeting.
The meeting chaired by BJP parliamentary party Chairman L K Advani was also attended by Sushma Swaraj and Leader of Opposition in Rajya Sabha Arun Jaitley. .
Observing that the present bill will be "ultimately unable to combat corruption", Ahluwalia said, "BJP is in favour of a strong and improved bill."
Meanwhile, senior party leader M Venkaiah Naidu said the bill in the present form is "not acceptable" and the party will formulate its stand "depending on the situation."
He was non committal about the party's support to the Government in Rajya Sabha, if Lok Sabha clears the bill.
"It depends how the Government responds to the suggestions," Naidu said when asked whether the party would help Government pass the bill in Rajya Sabha as it did not have majority in the Upper House.
"If the Government responds positively, we will act accordingly. As of now, it is one of the weakest bills," he said.
Read previous reports:
Anna’s next: fast outside Sonia Gandhi’s home on Friday
Anna like Krishna; will deliver from corruption: Supporters
BJP set to block Lokpal bill passage
Delayed start for Team Anna's Delhi protest
How Anna phenomenon unfolded
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