Lokpal: The only way to rid India of corruption, save democracy
As social activist and Gandhian Anna Hazare sits for another round of fasts, the article discusses some major areas that should come under the ambit of Lokpal and save democracy.
CORRUPTION IN India has assumed humungous proportions. It drains public resources, undermines development and threatens democracy. A strong, independent and accountable anti-corruption institution like the Lokpal at the centre and Lokayukta in the states is required to rid the country of graft and save democracy. LOKPAL FOR EVERY WING: The constitution has created three branches - the legislation, the executive and the judiciary. Therefore, each branch should have one Lokpal legislature for dealing with MPs and ministers, Lokpal executive for dealing with corruption in the higher and lower bureaucracy, Lokpal judiciary for dealing with corruption charges against the higher judiciary to the lower judiciary, excluding, the Chief Justice of India.
The CBI’s anti-corruption branch should be bifurcated. One should be under the Lokpal legislature to investigate the cases against ministers, and MPs. The other should be under the CVC, renamed as Lokpal executive. The Prime Minister should have no control over CBI. The agency should be exclusively under the control of the Lokpal legislature and Lokpal executive.
POLITICIANS UNDER LOKPAL: All MPs, ministers and other political authorities should be under the ambit of the Lokpal legislature, except the MPs’ role in Parliament. But the corrupt practices in Parliament should not be protected under Article 105 (2) of the Constitution. The Prime Minister should be outside the purview of the Lokpal legislature. If the Prime Minister becomes corrupt during his/her tenure, he/she could be removed by bringing a no-confidence motion in which no whip should be allowed. After his/her tenure is over, he/she could be brought under the ambit of the Lokpal.
CVC AS LOKPAL EXECUTIVE: THE CVC and the recruited chairman of the CVC should be renamed as the Lokpal executive. The chairman should be selected by independent committee. In fact, the Lokpal should be constitutional authority like the Election Commission and the CAG plus the political executive and the bureaucratic executive should be de-linked.
LAW TO DEAL WITH JUDICIARY: As the Constitution of India has provided an independent judiciary, there has to be a separate law for dealing with corrupt practices of higher and lower judiciary. It could be named as Lokpal judiciary or given any other name. The Chief Justice of India should be kept outside the purview of Lokpal. Declaration of assets, annually, should be made compulsory for the chief justice and all other judges of the Supreme Court, the High Courts and other officers of the lower judiciary.
SAME LAWS FOR STATE, CENTRE: For the centre and the states, the Lokpal law should be the same. The Lokpal in the states should be known as Lokayukta. The states where Lokayukta already exist should be persuaded to adopt the model passed by Parliament for making the country corruption-free.
APPOINT HONEST LOKPALS: The Lokpal should consist of five members of integrity chaired by a retired chief justice of the Supreme Court and other members should be chosen from among retired bureaucrats, judges, members of civil societies by an independent selection committee. There should be due representation to the SCs/STs, OBCs and minorities.
BRING NGOs UNDER SCANNER: NGOs and corporate should also be brought under the ambit of the Lokpal.
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