The Hindu Leader of Opposition in Lok Sabha Sushma Swaraj and her counterpart in Rajya Sabha Arun Jaitley, interacting with media on Lokpal Bill at Parliament House on Thursday. Photo Rajeev Bhatt
The Lokpal Bill, which excludes the office of the Prime Minister, higher judiciary and conduct of MPs inside Parliament from the purview of the anti-corruption watchdog, was introduced in Lok Sabha on Thursday amid objections by BJP and its NDA partners.
The Lokpal Bill, 2011 introduced by Minister of State for Personnel V. Narayanasamy, seeks to keep the office of the
Prime Minister outside the purview of the ombudsman during his term in office.
The institution would inquire into allegations of corruption in respect of the Prime Minister only after he demits office.
Government has maintained that the conduct of judiciary will be covered by the Judicial Standards and Accountability Bill pending with a Parliamentary Standing Committee.
Similarly, the conduct of MPs has also been excluded from the ambit of Lokpal as under Article 105 (2) "no member of
Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament..."
"Why immunity to PM?"
Just before introduction of the Bill, Speaker Meira Kumar gave permission to Leader of the Opposition Sushma Swaraj to express her views as a special case.
Ms. Swaraj asked when the Prime Minister does not enjoy immunity from prosecution under the criminal law and Prevention of Corruption Act, why he was being kept out of the ambit of the Lokpal.
She maintained that as per the Constitution, everybody was equal and there is no immunity from IPC, CrPC or the Prevention of Corruption Act.
"It is for the first time that under Clause 2 of the Lokpal Bill, all Union ministers are included except the Prime Minister. I don't understand why. How can anybody occupying any position be a holy cow. Why is the Prime Minister being kept out of its purview?" Ms. Swaraj posed.
She said as chairperson of the then Standing Committee on Home, Pranab Mukherjee had accepted that the Prime Minister should be within the purview of the Lokpal. "The Prime Minister (Manmohan Singh) has himself said he wants to be within its ambit. Why is the Cabinet not paying heed to his views?" she asked.
Mr. Mukherjee told the House that Ms. Swaraj's contention that he gave his nod to the NDA Lokpal Bill is true.
"On February 16, 2002 as Chairperson of the Standing Committee on Home, I had placed that bill on the table of the House. NDA had two full years after that. Why did they not bring the Bill," Mr. Mukherjee wondered.
The government hopes if the Standing Committee comes out with its recommendations on the bill by August-end, it could then go ahead with its passage.
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