Wednesday, December 18, 2013

Has 'Anna' Cheated 'Kejriwal' By Accepting Lokpal Bill?

By Kajol Singh | INN Live

Even as the Lokpal Bill is all set to become a law after it was passed by both the Houses respectively, questions are being raised over Anna Hazare’s changed stance Lokpal Bill drafted and passed by the government.

Earlier, Anna Hazare and his team had registered their strong reservation over Lokpal Bill which was drafted by the government. However, this time around Anna accepted the same Lokpal Bill after Congress and BJP unanimously supported the bill and pitched it in both the Houses to debate.
There are at least seven points in the current Lokpal Bill which are against the wishes of Anna Hazare’s previous stand on Jan Lokpal Bill.

While AAP convenor Arvind Kejriwal has termed the Lokpal Bill in its current form as ‘Jokepal’ Bill, it is still unknown why Anna Hazare made this haste in getting the bill passed Rajya Sabha and Lok Sabha. Questions are also being raised if Anna Hazare has cheated the nation by coming to terms with the two big parties and accepting their (Congress and BJP’s) version of Lokpal Bill which makes no mention of Whistleblower protection and Citizens Charter in the bill.

Questions are also being raised over Arvind Kejriwal’s stance on Jan Lokpal Bill. Kejriwal had promised in his election manifesto that AAP would implement Jan Lokpal Bill, as earlier carved by Team Anna, after coming to power in Delhi.

It is also being said that Anna Hazare’s fast in Ralegan Sidhi was being supported by RSS and BJP in Maharashtra.

Following are the five differing points in Lokpal Bill on which Anna Hazare changed his stance and accepted the government version, which according to Arvind Kejriwal will make the Lokpal weak and vulnerable.

1. Sarkari Lokpal: Lokpal will be selected 5 members: by PM, Leader of Opposition, Speaker, CJI, and one jurist nominated by these 4.

 Lokpal: Lokpal will be appointed by a 7 member committee, consisting of 2 SC judges, 2 HC judges, 1 nominee of CAG+CVC+CEC, PM and Leader of Opposition.

2. Sarkari Lokpal: For removal, only the Govt, or 100 MPs can make a complaint to the SC.

Lokpal: Any citizen can complain to the SC seeking removal of any member of Lokpal.

3. Sarkari Lokpal: The Lokpal would have to get the complaints investigated by any investigating agency, including the CBI, all of which would continue to remain under the administrative control of the government. The transfer, postings and post-retirement jobs of CBI officers would be under the control of the govt, thus compromising the independence of the investigative machinery.

Lokpal: The CBI will be brought under the administrative control of the Lokpal, so that the investigating machinery can be made independent of the government.

4. Sarkari Lokpal: The Lokayuktas in the State have been left to the discretion of the state governments.

Lokpal: The Jan Lokpal bill sought to create a Lokayukta along the same lines as the one at the center.

5. Sarkari Lokpal: No mention of Whistleblower protection and Citizens Charter in the government’s bill.

Lokpal: The Jan Lokpal Bill includes provisions for protection of whistleblowers. The Jan Lokpal instituted a mechanism for prosecution of government officials if they failed to fulfill their duties under the citizens charter, which was to be created in this Bill.

6. Sarkari Lokpal: Judiciary excluded completely and MPs excluded in respect of their votes and speeches in Parliament.

Lokpal: Included all public servants, including judges and MPs, with regard to all their public duties.

7. Sarkari Lokpal: Any person making a false or frivolous complaint could be jailed for up to 1 year, which will deter even honest complainants from going to the Lokpal.

Lokpal: There was a penalty up to Rs. 1 lakh, but no provision for imprisonment.

Now that the Lokpal Bill has been passed by both the Houses, it is for people of the country to decide if Anna Hazare has cheated the nation by coming to terms with Congress and BJP. Also, they need to analyse the very existence of Aam Aadmi Party and its convenor Arvind Kejriwal since AAP has ‘politically’ emerged out of disagreement over the Lokpal Bill issue.

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