Wednesday, December 14, 2011

Cabinet to study Lokpal amendments on Sunday, will bill come through this session?














New Delhi:  Despite an all-party meeting last night where the government refused to commit to when it will introduce the Lokpal Bill, moves today suggest that there is a chance that the Bill may be brought to Parliament in this session which wraps on December 21.

The BJP says this deadline must be met. If it isn't, activist Anna Hazare says he will begin a long hunger strike, most likely in Mumbai. (Read: Hope Lokpal Bill will be passed this session, says Anna)

A cabinet meet scheduled for Sunday will study the Lokpal Bill.  Amendments made after last night's three hour meeting at the Prime Minister's home suggest that on most major issues, the government's stand is no longer vastly different from that of the main opposition party, the BJP.

So the Lokpal- a new 11-member ombudsman agency  -will be empowered to investigate the PM for corruption, though with safeguards for national security.  The Lokpal will also be the overall supervisory body for 57 lakh junior bureaucrats, though initial complaints of graft against these officers will first be referred to the existing Central Vigilance Commission or CVC.

The relationship between the Lokpal and the country's premier investigating agency, the CBI, is also being re-calibrated in the new note that will be shared with the cabinet. In keeping with what the CBI and many parties agreed for, the investigating agency's autonomy will be protected.

The cabinet note says that the CBI should be answerable to the ombudsman only for the cases assigned to it by the Lokpal. The government and courts will still have the right to refer cases directly to the investigating agency.  The CBI's investigative independence will also be protected - it will not have to seek permission from the Lokpal to begin or end inquires.  

At last night's meeting, virtually  every major party  asked for more autonomy for the CBI by delinking it from government  influence. The BJP in particular said that the Director and other senior officers of the CBI should not be selected by the government.  The cabinet will consider handing over the appointment process to a panel that includes the PM, the Leader of the Opposition and the head of the  Lokpal.  

As the government tries to finalise the contours of the Lokpal Bill, it has said Anna should not attempt  to  dictate timelines or terms.   "You have extended sessions before, you can do it now," Anna said, refusing to move his deadline.  "Parliament will decide the time frame for introducing the Lokpal Bill. We will look at legal limits. Anna should not make an issue of this," said V Narayanasamy, Minister of State in the Prime Minister's Office.  

The PM opened the meeting last night by saying that he is keen on bringing the bill to Parliament in this session, but with as much political consensus as possible. "I am personally keen that this momentous legislation should be passed on the basis of consensus among all parties as far as possible and that this should not be subjected to party politics in any way," he said.  But at the end of the meeting, the government refused to commit to a date for introducing the Lokpal Bill in Parliament.  Finance Minister Pranab Mukherjee said the government needs time to discuss the opinions expressed at the three-hour session, as well as to study the recommendations made by a parliamentary committee that has studied the Bill.  

The Left and the BJP have urged the government to show a sense of urgency.  After the meeting, the BJP's Sushma Swaraj tweeted that her party wants the bill to be passed as law in this session. The Left's Sitaram Yechury said that while parliamentary processes must be respected, they seem to have been completed and it's now time for the government to take a stand. "Nobody is prepared to subvert the parliamentary procedure or subvert the process of legislation making in our country," he said. "So that process will have to be completely fulfilled.  (But) the Standing committee has met, has given its report, dissenting notes have come, on that basis the union Cabinet has to take a call and it has to come with a draft before Parliament." (Lokpal Bill meeting: How parties stand)

Kiran Bedi, a member of Anna's core group, reacted today to reports that some MPs present at last night's meeting urged the PM not to rush the bill through Parliament - not just because of its complexity, but because they want the supremacy of Parliament to be upheld.  Among these MPs reportedly were Lalu Prasad Yadav and Ram Vilas Paswan.  Lalu has repeatedly criticized Anna and his activists for trying to hijack the process of legislation.  Ms Bedi said, "Who are these parties?   Not the BJP surely as Sushma Swaraj tweeted that they want it in this session."

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