The events from the past two days have created a revolutionary situation in the country, with people coming out on to the streets spontaneously in support of Anna Hazare. The aam admi, who is fed up with corruption everywhere sees a glimmer of hope in the Janlokpal bill and want it to be law.
There are lots of people participating in the protest, but how many really know what this is all about? This post is to provide some basic details of what this is all about and also to explore some myths about the janlokpal bill in the form of FAQs:
1) What is Janlokpal bill?
Janlokpal bill is a law drafted by the Anna team, which proposes to create an institution called Lokpal, who will be an ombudsman with the responsibility of cracking down on the cancer called corruption.
2) What is the present controversy all about?
Anna's team has presented a draft which they refer to as Janlokpal bill, but the Govt. has prepared its own version referred to as Lokpal bill. The problem is that the Govt. draft is very weak (so weak that it is called Jokepal) compared to Anna's draft and so Anna wants to go on a fast to force the Govt. to strengthen the bill.
3) Why does Anna say that the Govt. bill is weak?
For the following reasons:
a) PM is kept out of purview of bill as is judiciary. Govt. argument is that PM should not be investigated by extra-constitutional body, but Anna team says that if PM is investigated by CBI, which is controlled by him, then it becomes a farce. Similarly in the case of judiciary, Govt says it will bring a separate bill, but team Anna says safeguars will be there in bill to prevent misuse
b) Govt. refuses to allow investigation by Lokpal into corruption by MPs to vote on the floor of the house. Article 105 of the constitution prohibits any action against MPs based on what they do on the floor of the house, so for this to be accepted, constitution has to be amended.
c) Anna team proposes that if a Govt. servant does not do a citizen's work in a stipulated time-period, action should be taken against him. But Govt. refuses to listen to this. This is a very important measure to check corruption because babus will now be forced to do their work on time without bribe.
d) Anna team says CBI & CVC should be merged into Lokpal. But Govt. disagrees. CBI has been misused time and again and so they are tool for ruling party, merging into Lokpal makes them stronger.
e) Anna team proposes a clear transparent process for appointment of Lokpal. But Govt. proposes that selection committee should decide the process. This will ensure that Govt. can appoint its man as Lokpal.
f) Team Anna proposes that all Govt. servants be covered under Lokpal, but Govt. says only Class A officers should be covered. Thus, corruption at lower levels is left out, which makes the bill useless.
g) Importantly, protection for whistleblowers and complainants is provided in Janlokpal bill, but Govt. version is silent. If there is no protection, then people may not come forward to file complaints.
h) Anna : "Lokpal court to decide on removal of Govt. servants" Govt : "Only minister to decide", so this means a corrupt minister can protect his corrupt sishyas!!
i) Anna : "Lokpal can initiate action on its own and can file FIR" Govt : "Lokpal cannot initiate action on its own, it has to wait for a complaint and it cannot file FIR, it can only investigate. This again weakens the Lokpal
...contd in comments
