Lokpal: Third draft emerging as civil society debate opens up

This was evident at a two-day session that ended today,hosted by the NCPRI and the Centre for the Study of Developing Societies (CSDS).

Aruna Roy and Harsh Mander,who are members of both the NCPRI and of the NAC sub-group that was initially working on the Lokpal Bill,argued for nurturing existing institutions and empowering them,rather than simply drafting new laws and creating new institutions.

Roy cautioned on defining “deadlines” for such a complex law. “There has to be wide public consultation and we need to take in suggestions,revisit the law and principles,” she said. “The process will take time. Personally,I have a great problem with deadlines. To just get a law and be burdened with it is not the answer. If you want the system to work,we must budget in some time in trying to enact a suitable solution. However,I am anxious that it all doesn’t lead to simply postponing it for the sake of it but we cannot rush through everything either.”

Echoing this was Shekhar Singh of NCPRI: “We hope those who are co-drafting this Bill with government ministers (a reference to Team Anna) will hear our point of view as we have heard theirs. We will go to all political parties and behave like we do in the pre-legislative process for any law. We are also hoping we can persuade the NAC to take this up again. Another point of view cannot be trivialized or brushed away. Legislation is the result of complex processes and we are ready for a serious discussion.”

Medha Patkar of the Narmada Bachaao Aandolan argued for more “unity” in “civil society” and the “need for standing together with those who have brought up this issue of the Lokpal and respect the voice of the people and support the Jan Lokpal Bill.”

Harsh Mander of the NAC responded by praising Team Anna for having brought a 42-year-old issue back on the front-burner but questioned how anyone could claim to be “the voice of the people.”

“We can only be a voice,” Mander said. “I claim to speak only for the voice of my conscience and that too falteringly. However,to simply say that just because Medha cannot win an election,you can brush her and others aside is wrong. But those who have raised this demand should have the humility to accept that there are other voices and recognize that what they are saying fulfils the same objective but proposes a different way — there must be respect for the diversity of the voices of the unelected.”

The NCPRI’s draft Lokpal Bill is still to be finalized but its underlying principle,sources said,is a “basket” of measures to curb corruption,hearing and dealing with grievances and protecting whistle-blowers.

It also recognizes the need to strengthen existing institutions — such as the CVC — by ensuring their autonomy. The “basket” approach envisages keeping the judiciary accountable to a National Judicial Commission and strengthening the Judicial Standards and Accountability bill.

It sees the Prime Minister as accountable to the Lokpal but only after certain conditions have been met — a full bench of the Supreme Court should approve of the investigation (against the PM) and the ruling party/coalition should be given suitable notice.

This version steers clear of the PM’s vicarious responsibility — indirect responsibility of ministries not under him — and also on security and intelligence matters. This approach also sees various levels of those in public life,NGOs and corporates accountable to different agencies. This is a clear departure from the current draft that argues for one superbody to look at all problems at all levels.

Team Anna’s Prashant Bhushan,too,participated in the discussions.