Saturday, July 09, 2011

Differences’ in Lokpal Draft


  Ten minds set seven times together for drafting lokpal bill, five each were from Government and Civil society, it was result of Anna Hazare’s fast unto death in the month of April to make Lokpal Bill as Civil Society members did not endorse toothless government lokpal bill, for preparing lokpal draft deadline was 30th June, 2011 which then would be presented in the monsoon session of parliament, but in spite of seven meetings in the span of less then two months between both the parties, they were unable to make unanimous draft which is approve by both sides without any differences, while listening both sides words it give clear feeling that there is huge differences’ on to the certain clauses’ between both sides, hence speculations gets fuel that perhaps two drafts will be present in the house one each of Government and Civil Society or draft will present with two clauses’ where both sides have differences’, as now process of drafting lokpal bill is completed but civil society members are skeptical for strong lokpal bill more over there role is over and they cannot do anything now as Lokpal bill will be pass by parliament, it is worth mentioning here that Anna Hazare has already announced that if strong lokpal bill not comes into existence then from 16th August onwards he will start his protest again and ready for bullets also. Below coded are points which divide both the parties on to unanimous Lokpal bill draft –
Clubbing different agencies with Lokpal  –
  • Jan Lokpal Draft – It endorse all the different law and enforcement agencies under lokpal.
  • Government Lokpal Draft – Government draft doesn’t want existence government any law and enforcement agencies under lokpal.
Punishment
  • Jan Lokpal Draft – After primary probe accused will have to go through the process of law, as he/she will be allowed to put his side of story in the courts.
  • Government Lokpal Draft – There is proposal of possibilities and personal hearing after every level of probe.
Selection Committee
  • Jan Lokpal Draft – Civil Society supports strong lokpal Bill, thus lokpal committee should constitute best minds of the country through transparent process, hence it is in favour of ten members committee which should be represents by retired five members from different government set ups like Judiciary, Comptroller and Audit General(CAG) or Central Election Commission and five members from civil society, so that committee would be able to deliver justice on corruption cases.
  • Government Lokpal Draft – There is not any clear and transparent criteria visible in Government lokpal draft.
Ambit of Lokpal
  • Government Lokpal draft – It has not included under joint secretary level of government officers.
  • Jan Lokpal Draft – Civil Society draft wants even Prime Minister under Lokpal ambit.
Lokpal Panel Selection
  • Jan Lokpal Draft – Two elected politicians, four former Justice and two independent constitutional experts.
  • Government Lokpal Draft – Six elected politicians and out of it five from ruling party or alliance, two former justice and two bureaucrats.
   Above coded are issues where both parities have differences’, but these issues’ will make lokpal bill strong or toothless depending upon which Lokpal bill pass by parliament, for civil society members now they are not entitle for any further action in this regards, as now it has to be pass by parliament , hence civil society has intensify meetings with leaders of all political parties and sharing with them about their draft details, but despite their meetings with leaders they don’t get clear view and left with option to wait until bill present in the house, so until and unless bill not present in the house it is not possible to say final shape of Lokpal Bill.

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