Lokpal bill introduced: here's a blow-by-blow account

Discussion in LS on Tuesday

GN Bureau / PTI | December 22, 2011



The new Lokpal and Lokayuktas bill and a related constitution amendment bill to grant the proposed ombudsman a constitutional status were introduced in the Lok Sabha, after hours of wrangle and two adjournment.

Rashtriya Janata Dal supremo Lalu Prasad was in full form right from the time the house met. Backed by Samajwadi Party chief Mulayam Singh Yadav and Bahujan Samaj Party leader Dara Singh Chauhan, Lalu Prasad forced the government to issue a most unusual 'errata' to include "minorities" among the categories listed for reservation in the proposed nine-member Lokpal and Lokayuktas.

Finance minister and leader of house Pranab Mukherjee tried to take them as also Janata Dal (U) chief Sharad Yadav on board by inviting them to their chamber to assure that a Muslim will be accommodated in the category of the other backward classes (OBCs) who figure with  scheduled castes, scheduled tribes and women for the reservation.

They, however, did not agree to his stipulation and compelled the government to put the word 'minorities' in the list while correcting 46 errors in the circulated Bill through a corrigendum. The government was, however, attacked by BJP's Yashwant Sinha and others for displaying its "monumental inefficiency" in hurrying with the bill with so many mistakes.

See attached below: the bill, before errata

Opposition leader Sushma Swaraj sought to scuttle introduction of the bill on the ground that it was unconstitutional and patently illegal since it mandates Lokayukta on the states going against the federal structure of the constitution and "not less than 50 percent" reservation of the Lokpal members goes against several supreme court rulings. Mukherjee, however, stoutly denied any such deficiency and asserted that only legislative competence of the house can be questioned at the stage of introduction.

Others, including CPI-M leader Basudeb Acharia and Janata Dal (U) chief Sharad Yadav, insisted that the centre should not intrude into the domain of the state governments and better make it a model bill so far as the Lokayukta is concerned. The Shiv Sena backed Lalu Prasad's demand to withdraw the bill and not hurry with a piece of legislation of such an important without detailed discussion. CPI leader Gurudas Dasgupta pleaded not to surrender sovereignty of parliament under duress to the impending fast and "jail bharo" agitation.

Both the main bill and the related constitution amendment bill were finally admitted by a voice vote just after 5 pm, after Mukherjee made a spirited defence and assured the agitated members that all their concerns will be taken into account in effective implementation. The bill now comes up for discussion in the Lok Sabha on Tuesday and possibly in the Rajya Sabha on Wednesday if cleared by the Lok Sabha.

Timeline

5.00 The Lokpal bill is introduced

3.54: Beginning a debate on the Lokpal bill in Lok Sabha, Sushma Swaraj, BJP member and leader of the opposition, raises two objections to the Lokpal bill being sought to be introduced in the house. One, the provision that “not less than 50 percent” of the members of Lokpal be from STs, SCs, OBCs, minorities and women, which would mean five of the nine-member Lokpal body will be reserved. She said this would not only violate the apex court order that puts a limit on reservation at 50 percent, it also was unconstitutional because the constitution provides for no reservation to minorities or women. Secondly, she said amending the constitution under article 253, as the government proposes to do, would make it mandatory for the states to adopt the Lokayukta spelt out in the Lokpal bill. This was undesirable, she said, because some of the states like Bihar and Uttarakhand had recently adopted Lokayuktas of their own which were far superior to the union government’s formulations. Swaraj said she would discuss merits of the bill later.

3.45: Leader of opposition Sushma Swaraj says provision of 50 percent quota for minorities is not constitutiona. Leader of house Pranab Mukherjee and RJD leader Lalu Prasad argue otherwise

3.30: The Lokpal bill tabled in the Lok Sabha. Leader of opposition Sushma Swaraj expresses disappointment. Criticises the provision for minorities quota [More on minority quota here]

3.00 We reject the new Lokpal bill, withdraw it and introduced it after redrafting it: Team Anna

3.00: Cabinet to meet at 7 pm to discuss reservation issue

2.58: Team Anna to adress media at 4 pm 

2.40: "We have no objection to reservation for minorities in the Lokpal," says Left 

2.15: Lok Sabha adjurned till 3.30 

2.00: Lok Sabha reconvenes; Mulayam Singh Yadav demands reservation for minorities

1.15: Meeting between prime minister Manmohan Singh and UPA chairperson Sonia Gandhi

12:50: There is  match-fixing between Lalu Prasad and UPA: BJP 

12.25: Lokpal will go women's reservation bill way: Kiran Bedi

12.20: Team Anna alleges the disruption in the Lok Sabha choreographed

12.15: Lok Sabha adjurned till 2pm due to disruption over the reservation for minorities in the Lokpal 

11.00 The food security bill (Read full story) was introduced in the Lok Sabha on Thursday morning. The much-awaited Lokpal bill is likely to be introduced at 2 pm

Latest updates on Lokpal

* Congress core group clears proposal for minorities' provision in Lokpal Bill (read full story)

* Fresh controversy over Lokpal Bill before introduction in the parliament; smaller party memebers oppose dropping of minorities from the bill
* Government drops the term 'minorities' from new Lokpal Bill with regard to 50 per cent quota in the Lokpal bench and the Search Committee.
* Lokpal to have inquiry wing to conduct preliminary probe into corruption charge against public servants.
* Govt to move separate Constitutional amendment Bill to give constitutional status to Lokpal at the Centre and Lokayuktas in states.

Meanwhile, here is the parliament schedule for today:
LOK SABHA
1. Obituary Reference
2. Lokpal Bill, 2011
3. National Food Security Bill, 2011
4. Constitution (One Hundred and Eleventh Amendment) Bill, 2009
5. Discussion on the agrarian crisis in the country and the incidence of suicides by farmers
RAJYA SABHA
1. The National Commission for Human Resources for Health Bill, 2011
2. The Constitution (Scheduled Tribes) Order (Amendment), Bill, 2011
3. The Appropriation Railways (No.3) Bill, 2011
4. The Railway Property (Unlawful Possession) Amendment Bill, 2008
5. The New Delhi Municipal Council (Amendment), Bill, 2011
6. The Copyright (Amendment) Bill, 2010
7. The Right of Children to Free and Compulsory Education (Amendment) Bill, 2010
8. The Institutes of Technology (Amendment) Bill, 2011
9. The National Institutes of Technology (Amendment) Bill, 2011
10. The Educational Tribunals Bill, 2010
11. The Architects (Amendment) Bill, 2010

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