Lokpal Bill: Political Parties, NGOs Come Under Scanner

The United Progressive Alliance (UPA)-led federal government has finally introduced in the Lok Sabha the much-debated Lokpal Bill. The Bill envisages creation of anti-graft institutions at the central as well as state levels with a provision for including marginalised minorities and other sections as members.
The government also introduced a separate bill for amending the constitution to confer constitutional status to the proposed institutions.
About New Bill
The all new Lokpal Bill has provisions to probe corruption charges not just against the prime minister and ministers but also against managers, secretaries and directors of religious institutions and political parties that receive donations from the public.
The new clause appears to imply that the Lokpal can inquire into complaints of corruption against managers of temples, gurdwaras, mosques and churches, even sports clubs or any other association which accepts donations from the public.
All NGOs that receive annual grants of more than Rs 10 lakhs under the Foreign Contribution Regulation Act, 2010 will be under the Lokpal and so will all political parties, because they also receive donations from the people. The catch-all clause would conveniently cover Non-Governmental Organizations (NGOs) like Parivartan,which Arvind Kejriwal, member of Team Anna, heads and even the NGO being run by another Anna colleague Kiran Bedi and others that reportedly receive funds under FCRA.
But the government has ensured some balance in the provision by offering the coverage of political parties as well. A political party under RPA 1951 is defined as “an association or a body of individual citizens of India registered with the Election Commission as a political party under Section 29 A.” The clause is wide enough to cover all sports clubs or any group of people working for any cause.
Salient Features
* The Lokpal's writ will extend to the Prime Minister (with some exclusions), Ministers, current and former MPs (except in respect of what they say or how they vote in the House), and group A, B, C, and D officers and officials of the Central government.
* Fifty per cent of the members of the Lokpal and Lokayuktas shall be from amongst Scheduled Castes (SCs)/ Scheduled Tribes (STs), Other Backward Classes (OBCs) and women. “Minorities” was added to this quota in the corrigenda circulated to MPs shortly before the introduction.
* NGOs and institutions receiving donations of more than Rs. 10 lakhs per annum from foreign sources will also be covered.
* Lokpal to have constitutional status and be accountable to Parliament
Though some of the suggestions made by social activist Anna Hazare and his supporters find reflection in the new draft, the UPA government's Lokpal continues to differ on several key points from Team Anna's version:
* Government nominees have a majority of one on the selection committee, which will choose the Lokpal's chairperson and eight members
* The CBI will continue to remain under the administrative control of the government and not the Lokpal.
* The judiciary and the citizens' charter are not part of the Lokpal but will be covered by other laws
Provisions Under Old Bill
The old Bill covered the prime minister only after he demitted office and bureaucrats of under secretary level and above. But the new draft law covers all Group A, B, C, D public servants, allowing the Lokpal to inquire corruption by lower bureaucracy, as sought by Team Anna. Others covered are MPs (except for conduct inside Parliament), ministers, government funded associations and NGOs receiving over Rs 10 lakh annual funding under the Foreign Contribution Regulation Act.
The new Bill comes quite close (except on the issue of citizen’s charter) to the ‘Sense of the House’ statement issued on August 28 at the height of Anna’s agitation. The statement had stated, “The Houses agree in principle that an effective Lokpal law must cover corruption by lower bureaucracy through appropriate mechanisms, have an in-built grievance redress system and provide enabling laws to establish Lokayuktas in states.”
The present Bill (unlike the old one) provides for Lokayuktas and the Constitutional (116th) Amendment Bill, 2011, introduced, mandates states to adopt Central Lokpal and Lokayuktas law, a provision Sushma Swaraj slammed as anti-federal and an encroachment on the rights of the states, some of which already have Lokayuktas.
Although the Lokpal will have its own Inquiry and Prosecution wings and won’t require prosecution sanction, it would not control the CBI as Anna wanted. It can ask the CBI for preliminary inquiry (PE) and investigation into complaints but the Bill clarifies, “Lokpal will have powers of superintendence over Delhi Special Police Establishment (CBI) in respect of matters referred to it for PE or investigation and can’t direct it to conduct inquiry in a particular manner.”
The Bill says the Lokpal will, after deciding on PE, refer complaints against all government officers to the Central Vigilance Commission (CVC). While the CVC will submit a report to Lokpal for prosecution of Group A/B officers, for Group C/D public servants, it will conduct its own prosecution under the CVC Act, 2003, and send periodic action taken reports to Lokpal. This recommendation was made by Congressman Abhishek Manu Singhvi-led parliamentary panel?s December 9 report on the Lokpal Bill.
The Bill also does not have an inbuilt grievance redress system as Anna wanted. It makes the Lokpal and Lokayuktas final appellate authorities in cases of non-delivery of public service due to corruption but doesn’t guarantee service delivery through Lokpal.
Opposition Against the Bill
Several parties, including the main Opposition Bharatiya Janata Party, and the Shiv Sena, the Samajwadi Party (SP), the Rashtriya Janata Dal (RJD) and the AIADMK opposed introduction of the Bill in the current form. The RJD, the SP, and the AIADMK were also opposed to bringing the Prime Minister within the purview of the Lokpal which, they contended, would not be “accountable” to anyone. They were also vociferous in their opposition to a provision which made it mandatory for States to set up Lokayuktas, contending it was an infringement on the “federal structure” and encroachment on the powers of a State government.
The problem, though, now lies outside it. If Hazare's efforts have brought the Lokpal issue where it has now, it would be unfortunate if the same Mr Hazare, out of some millennial spite that mistakes accommodation for weakness, sets off on a different agenda altogether. For at stake here is not who won and who didn't - defining which is about politics, not law-making - but whether a necessary anti-corruption law.

People's Sentiments Over Jaitapur Issue

It seems a strange state of affairs that a Federal Minister Jairam Ramesh says, "To make a reality of the Jaitapur power plant we will have to take into confidence the people of that area." Meanwhile, the police firing, as is their wont, is giving a blow to that confidence. The question that arises is, why do police go berserk at the slightest provocation? Is there just one chapter in the police manual that teaches crowd management?

People's Sentiments

The Maharashtra Government is ordering a probe into the firing of that incident at Jaitapur, but does not consider a probe into the police firing. Is it not strange that Maharashtra Home Minister R.R. Patil always favors police incident and does not take into consideration people's sentiments?

There is no denying the fact that the Shiv Sena and the Bharatiya Janata Party (BJP) try and make as much political capital from these incidents as possible. But the state government is no less than them in such matters. Why is it giving these parties to take advantage of such issues and play it up as far as possible in its own inimitable style by jumping into the fray so that it is gasping for breath and gets one more chance to revive and get a life? Just what is the reason that a democratic government is sitting immobilized and instead of giving the problem in hand some cool thinking and look for a solution to it, it resorts to police firing, fanning the flames?

Studying Plant

What should have been done is that the government, keeping people's feelings in mind, should have stopped the Jaitapur plant and in this duration made a new feasibility report of the plant's validity. But it is a pity that this did not take place. Ramesh has definitely spoken about studying the plant from the very beginning again, but along with it he talked about many other progressive projects for the country. This goes to show that he is adamant to go ahead with the plant, which he has mentioned to the public at many occasions.

The biggest reason for the people against the Jaitapur nuclear plant is the disaster that has taken place in Japan's Fukishama plant and its aftermath, which has got the whole world worried and not only people in India. If all problems of the world are looked at from human viewpoint, the first issue that should be studied is people's sentiments.

India-Pakistan Cricket Diplomacy

Soon after the finalization of the 2011 ICC World Cup Cricket semifinal match between India and Pakistan, political activities got escalated. Negotiation between home secretaries started and there was a consensus on certain issues. At least because of cricket, some progress took place, otherwise there was a stalemate.

The impasse was because of Pakistan's non-cooperation and India's insistence on stoppage of terror acts before talks. How terrorism has infiltrated and infected the Pakistani culture, its elimination before opening up the dialogue was not possible, hence Pakistan was procrastinating. Now the deadlock seems to be broken and the parleys will go ahead, to solve the old problems.

Pertaining to Extremism

It has been agreed that visa procedures will be made easier by setting up joint working group and a hotline will be established between home secretaries to exchange quick information pertaining to extremism. The parleys have been assessed as positive as both countries have resolved to extirpate terrorism and the permission has been granted to Indian Investigation Commission to visit Pakistan. In turn, Pakistan was informed about the progress in the Samjhauta Express investigations. This means efforts are being made from both sides to neutralize terrorism.

The secretary level talks have paved way for the prime minister-level talks. It was the wisdom of Indian Prime Minister Manmohan Singh to invite Pakistani President Asif Ali Zardari and Prime Minister Yusuf Raza Gilani to witness the match, which was largely welcomed.

Mental Bankruptcy

The tension between the countries will start decreasing while the two prime ministers will watch the match together on 30 March. This will be the occasion when representatives of the two countries will be seen together in a mirthful atmosphere, though this will not be a good omen for bad wishers.

The reason extremist Hindu organization, the Shiv Sena, has criticized Mammohan Singh by saying that if he has so much love for Pakistan then he should have invited and sent two tickets to Ajmal Kasab and Afzal Guru in prison, to watch the match sitting beside them. This statement of Shiv Sena spokesperson Sanjay Rawat proves his mental bankruptcy.

Hindu Terrorists' Involvement

Its politics is based on hatred and aversion. Earlier, there were reports of Shiv Sena's discreet association with Pakistan's intelligence agency, the Inter-Services Intelligence. Some names were mentioned, though not confirmed. If investigations intensify about Hindu terrorists' involvement in blast cases, more facts may crop up.

The flurry of the Shiv Sena may be the result of its apprehension that the two sides will neutralize the terror network. Like the Shiv Sena, in Pakistan also there are elements who do not like Gilani's visit to India. They also apprehend such dangers. However, peace-loving common people of both countries are happy with the move. May God keep the evil eye away.

Yet Another Defeat of Shiv Sena

The people of Maharashtra have frustrated the Shiv Sena's attempts yet again. The Shiv Sena had been striving to come to the limelight in politics. At all cinema halls where Shah Rukh Khan's movie My Name is Khan was released, huge crowds turned up to watch the movie. It is strong evidence that people of Mumbai have come to realize that both Bal Thackerey and Udhav Thackerey have lost their mental equilibrium because of continuous defeats. The best reply to their threat is what Sachin Tendulkar had given, followed by Rahul Gandhi and now people of Mumbai.

Bal Thackerey's Politics
The kind of politics indulged in by persons like Bal Thackerey, Udhav Thackeray, and Raj Thackerey has become well-known to people of Maharashtra. They are fed up with that kind of politics. That is why during the last parliamentary elections and later the state assembly elections, people had made them to bite the dust, and thereby gave a clear indication that Bal Thackerey's politics has become outdated as Bal Thackerey has also become old. The people had made them to realize that the masses would not let Maharashtra turn into a den of vagabonds and hoodlums, but Bal Thackerey failed to read the writing on the wall.
What the Shiv Sena did after Sachin Tendulkar and Mukesh Ambani said they are Indians and that Mumbai belongs to all Indians, is before people. People paid no heed to what the Shiv Sena said on the issue and gave it a most befitting reply. Thackerey has gone berserk with that reply because of which he made yet another political move by extending the threat to the Australian cricket team that they would not be allowed to play in Mumbai because of attacks on Indians in that country. The dispute was still on when Shah Rukh Khan made a statement on the non-inclusion of Pakistani cricketers in the IPL that he favors Pakistani cricketers to play in the Indian Premier League (IPL).
This plain talk by Shah Rukh Khan was not liked by Bal Thackerey and his followers who began to make derogatory statements against him. They also extended threats that they would not allow his movie My Name is Khan, to be released in Maharashtra. Yet, not only was the film released in Mumbai and other parts of Maharashtra, and elsewhere in country, but also huge crowds thronged the cinema halls to see the film without any fear. It, infact, is a befitting reply to the unconstitutional activities indulged in by the Shiv Sena and Bal Thackerey.

Sharad Pawar-Bal Thackerey Meeting
A couple of days ago, a large number of people had thronged Rahul Gandhi when he visited Mumbai. It had been made clear that people like Bal Thackerey and his followers have lost their voice in Maharashtra. As for the release of the film, Bal Thackerey had indicated a slight change on his stand, yet lest one calls it the impact of Sharad Pawar-Bal Thackerey meeting or something else, the Shiv Sena again began to extend threats to the film. Afraid of these threats, theatre owners had to stop advance booking and hinted not to screen the film in their halls.
Yet, the people of Mumbai and some organizations came out in support of Shah Rukh Khan and, consequently, the film was released. It is not important that the film was released but more important it is that people thronged cinema halls in large numbers to see the film. These crowds included people from all sections, elderly and children alike. All this makes it clear that the threats extended by the Shiv Sena have lost their sting and gone are the days of their policies of provocation.

Role of Government
It further makes it abundantly clear that should the government adopt a strong stand against mischief mongers and provocateurs, it is not a difficult task to rein them in. The fact is that had the Maharashtra Government adopted a strong stand against the Shiv Sena or Raj Thackereky's MNS, had it not given a long rope to a daily like "The Samna" to spread hatred in the name of journalism and had it conveyed a strong message to the goons and hoodlums that their activities would cost them heavily, things today would not have slipped out of hand.
The successful release of My Name is Khan in the world and in India goes to prove that if Mumbai and Maharashtra were to be saved of jungle raj, people there would have to play a more significant role than the government there. The defeat of the Shiv Sena signals the victory of the courage displayed by the people.

Fortification of Mumbai

The kind of fortification that has to be provided to cinema halls of Mumbai, which are prepared to screen Shah Rukh Khan's film, shows how the Shiv Sena wants to do politics on the basis of violence. The problem is not that the Shiv Sena has gone on rampage as part of its politics, but that the political leadership of the country is refusing to show the necessary political will to stop it from doing so.
It is true that the Maharashtra Government appears to have decided to facilitate screening of the film, but there does not appear the necessary determination behind its decision. After all, what is the reason that Maharashtra Chief Minister Ashok Chavan has to expect an anarchical party like Shiv Sena to show understanding? Is it perhaps because the central government is refraining from stating anything publicly? Is it not strange that when the financial capital of the country is restless, the central authority is behaving as if nothing has happened?

Tug-of-War
It cannot be denied that the disturbed condition of Mumbai is the result of mutual tug-of-war between the Shiv Sena and the Maharashtra Navnirman Sena, but it is difficult to understand why the state government appears unable to stop the hooliganism that is being perpetrated openly? The manner in which Mumbai is being turned into a military base only underlines the defeat of the state government. It is disappointing that the state government has failed to give this message that the Shiv Sena is indulging in hooliganism in the name of politics and it cannot be tolerated.
Is it not the right time to give a stern message to Shiv Sena and the Maharashtra Navnirman Sena from the national political leadership that they cannot be allowed to do politics of violence? Why are they not taking any initiative so that the recognition of organizations like the Shiv Sena and the Maharashtra Navnirman Sena as political parties could be annulled? If we could not rein in Shiv Sena, it would not only stop the screening of just one film, but it would also hurt democratic values and beliefs.

IPL Issue
After all, Shah Rukh Khan has only said that he was desirous of including Pakistani players in the Indian Premier League (IPL) cricket tournament. Is it some kind of a crime? The Shiv Sena has the right to disagree with Shah Rukh, but every citizen of the country has that right. Disagreeing with someone's thoughts does not mean you could resort to violent means. The Shiv Sena is not only doing that but it is also justifying it. This is not only hooliganism, but also dictatorship.
It is not surprising to see film stars maintaining silence over the Shiv Sena's violence, because when the national leadership is silent, what could they do? The central government's silence over the incidents in Mumbai is surprising as well as causing concern. This silence increases the audacity of the Shiv Sena and other so-called political parties like it. Agreed that polluted ideology should be dealt with at the ideological level, but the central government is considering it better to do absolutely nothing about the same.

Gandhigiri Versus Vandalism

The pain of the slap that Rahul Gandhi, Congress youthful leader and general secretary, has given to the Shiv Sena by displaying Ghandhiism on Mumbai roads and traveling in local trains would continue to be felt by the Shiv Sena for a long time. In fact, the display of Gandhigiri by Rahul has taken Shiv Sainiks by utter surprise. Greatly annoyed by Rahul's statement on Mumbai, Shiv Sena chief Bal Thackeray and his activists had threatened to hold a black-flag demonstration against Rahul Gandhi who was scheduled to visit Mumbai after his Bihar sojourn. The paper cub of paper tiger Bal Thackeray, Udhav Thackeray, had even gone so far as to advise Rahul to keep himself away from Mumbai.

Rahul's Mumbai Visit
Despite the threat, Rahul Gandhi not only visited Mumbai but also showed the proper place for the Shiv Sena by standing in queue to purchase ticket to travel by a local train. Rahul clearly gave the indication that let Bal Thackeray and his goons claim whatever they may, he cares little. He clearly gave the indication that Mumbai belongs to all Indians and those who carry on their politics in the name of the "Marathi Manoos" count for nothing. Taking abundant precaution, the Mumbai police had arrested several Shiv Sena activists a day prior to Rahul's visit.
The provocative statements made by Thackeray and company had thrown ample hints that every attempt would be made to vitiate the atmosphere. The coward Shiv Sainiks got solace only by using vituperative language and thus manifested their helplessness. The realization had already dawned on them that should they cross the "line of control", they would find themselves unsafe. The situation that has prevailed so far goes to prove that no stern action was ever taken against the Shiv Sena and the Maharashtra Navnirman Sena and they continued to spit venom. Had even a hint of an action against them was seen earlier, they could not have taken Mumbai hostage? Some of the Shiv Sena activists were taken into custody from the venue, which Rahul Gandhi visited, yet the limited number of these activists clearly indicated that they had lost the courage to come out in large numbers.

Ever-Mounting Hoodlumism of Shiv Sena
Film star Shah Rukh Khan has also given a befitting reply to the ever-mounting hoodlumism of Shiv Sena activists. Shah Rukh Khan who was visiting London in connection with the promotion of his film, not only reiterated his stand against not letting cricketers from Pakistan play in the Indian Premier League tournament but he also refused to apologize. He even counter attacked the Shiv Sena that since he was the son of a freedom fighter, and freedom of expression is a fundamental right in a democracy, he would not apologize to Shiv Sena. He has made it clear that he would not be cowed down by threats extended to him by the Shiv Sena, nor would he fall prostrate before them.
It may be recalled that a stooge of Bal Thackeray, Sanjay Raut had extended the threat to Shah Rukh that if he is so bold and courage one to refuse to apologize, he should make the same statement in Mumbai as he had made in New York. This stooge of the Shiv Sena chief, who also talks above his head and has the same kind of a loose tongue like his mentor, had further reminded Shah Rukh Khan that his house "Mannat" is in Mumbai.

Meaningless Activities
The befitting reply given by Shah Rukh to the Shiv Sena and the overwhelming support he received, and the visit by Rahul Gandhi, who fearlessly visited Mumbai in spite of threats extended to him by the Shiv Sena, go to prove that Gandhism can easily defeat goons. It further proves that the common Marathi finds no meaning of these activities and that he is neither bothered nor disturbed by the provocation in the name of Mumbai or "Marathi Manoos". The people in Mumbai fearlessly turned out to meet Rahul Gandhi which goes to prove that the common man in Mumbai are fed up with the fascist forces.
The fearless visit to Mumbai by Rahul Gandhi has placed a mirror before the Shiv Sena. It can further be assessed by the number of the Shiv Sainiks who were arrested while demonstrating against Rahul's visit how much sup port from the people they enjoy! Clearly, if they had any support from the people, there should have been thousands of people taking to the streets against Rahul's visit and the arrests would have been in hundreds and thousands and not a handful of them. In fact, the immediate visit by Rahul Gandhi after the befitting reply that the Shiv Sena got from Shah Rukh, have together, defeated the hoodlumism of the Shiv Sena.