The opposition put the government on the mat on the Lokpal and Lokayuktas Bill in the Rajya Sabha on Thursday citing a dozen infirmities that will make it impossible and unworkable to punish the corrupt and reduce it to be a hollow and weak
authority.

There was also an all-round attack by even the allies and supporting parties for an attempt to usurp the states' powers in the Bill providing for setting up of the Lokayuktas.

Read the PTI report here:
Lokpal Bill can lead to constitutional havoc: Jaitley
Will oppose till the amendments are accepted

Initiating a day-long debate, Opposition leader Arun Jaitley regretted that the government is trying to create a "phoney" ombudsman and provide a probe mechanism in circles that is unworkable. "Are you making a law or 'Jalebi' with the kind of "round robin" mechanism prescribed and giving the accused an opportunity to wipe out footprints of corruption by providing for a notice to him instead of raids and seizures," he asked.

"We are today attempting to create an integrity institution in India.   Let us not subvert the institution even before it is formed. We need to create a powerful and independent Lokpal.  Let us not create a subservient Lokpal," he affirmed in an hour-long dispensation.

He also blasted the government for trying to crate a "smoke screen" of the constitutional status to a Lokpal as the status does not give powers and authority that will actually come from the Lokpal Bill that wants it to be just another government-controlled authority without a probe agency of its own and depend on the government-controlled agency of the CBI for investigations.

"Even without a constitution amendment, a simple law would be adequate.  But this law was being enacted only to please somebody wanting a status to Lokpal without authority and trying to paint it as a game changer," he said.

Jaitley also lashed out for trying to create a "controlled regime" by bringing all private societies, trusts, temples, masjids, madarsas, churches, rotary clubs and NGOs under the Lokpal's ambit just to take a revenge against the civil society raising banner for an effective anti-corruption law and warned that it is against democracy to let a government-appointed authority intrude into the private life.

He saw a shadow of the 1973 exercise of the Congress government to push for a committed judiciary that resulted in the Emergency in the process prescribed for appointment and removal of the Lokayukta. Three of the five members in the selection committee will be directly or indirectly from the government while a citizen has to also move for removal of any erring Lokpal only through the government and the worst is that the government seeks powers to suspend any inconvenient Lokpal instead of giving this authority to the Supreme Court.

Jaitley said the procedure of investigation is absurd and unworkable as the Lokpal has no powers to act suo moto but only on complaint and that too it has to first examine if the charge is prima facie correct and then refer it to the CVC (Central Vigilance Commission) for a preliminary inquiry. In case of Group A and B officials, the CVC report goes back to the Lokpal who will take a view on whether to entrust the probe to CBI or any other probe agency. The accused is also required to be told about the line of investigation. Once the CBI completes the probe, its report goes back to the Lokpal who will then become the prosecuting agency and take the accused to court for justice.

"The Lokpal will then conduct a preliminary inquiry through its inquiry wing to decide whether there is a prima facie case or refer it to the CVC who will conduct a preliminary inquiry.  In the case of category A & B officials, the CVC will refer the matter  back  to the Lokpal who will now take a view whether the matter should be referred to the CBI or any other agency or not.  While referring the matter to the Lokpal he will hear the delinquent officer and disclose the line of investigation to him.  When the CBI investigates the matter it will send the final report back to the Lokpal who will now become the prosecuting agency.

"Nowhere in the world, the prosecution and investigation come under different agencies.  The Directorate of Prosecution has to be professional but it does not have to go outside the CBI. Additionally, the power given to the Lokpal to tinker with the CBI’s investigation is against all known canons of investigation," Jaitley said.

He also objected to inclusion of the Chief Justice of India in the panel for appointment of the CBI chief since he would sit in judgment in case the appointment is challenged and as such he suggested that the Lokpal chairman be put in his place.

Jaitley called for defining the Lokpal-CBI relationship, pointing out that without an autonomous and independent CBI the Lokpal will be a crippled institution. He also dubbed the Bill as constitutionally vulnerable on many counts, including the provisions for appointment of the Lokayuktas.

He pointed out that the Constitution is explicit that powers of departmental proceedings against the state employees are vested in the state while the law being enacted seeks to give these powers to the Lokayuktas. He has no dispute to it have powers to prosecute for criminal offences, he pointed out.

Referring to the government amending the Bill under ally Trinamul Congress pressure to leave it up to the states to implement it, he taunted that this gives a "constitutional cocktail" since Article 253 under which the Bill is brought does not give that kind of option to the states.

Jaitley also took exception to provide for reservation on the basis of religion in appointment of not less than 50 per cent Lokpals, pointing out that it will exceed the ceiling of 50 per cent laid down by the Supreme Court and thus liable to be struck down by the courts. "Why does the government want to kill the Lokpal even before it comes into existence," he asked.