There’s nothing stunningly surprising about Anna Hazare striking a belligerent posture over the proposed Lokpal Bill which he and his team have disparaged in unequivocal terms. Sunday’s dharna at Jantar Mantar in New Delhi, therefore, should not raise eyebrows; nor is the Congress’s harsh response justified. Mr Hazare had made it abundantly clear when he was persuaded to call off his fast at Ramlila Maidan that he would settle for nothing less than a Lokpal Bill which reflects the ‘sense of the House’ arrived at after a lengthy, often acrimonious, debate in Parliament during the Monsoon Session. The Congress promised that the key issues on which consensus was forged in Parliament would be included in the redrafted Bill. But the draft that has been prepared by the relevant Parliamentary Standing Committee, headed by Congress MP Abhishek Manu Singhvi, falls far short from what had been pledged. For instance, it excludes the Prime Minister and his office from the purview of the Lokpal, whose jurisdiction has been sought to be restricted by leaving out the lower bureaucracy, too. This flies in the face of what had been agreed upon. Moreover, the draft Bill is silent on whether the Lokpal will supervise the CBI’s anti-corruption investigations. True, this is a tricky area but the Government is yet to convincingly explain why the CBI should remain under its jurisdiction. There are other finer details which have been left hazy; elaborate grey areas in an Act to set up an anti-corruption institution can only mean that the Government’s intention leaves much to be desired. Hence, this Bill won’t do.
Which is not to suggest that the final shape and content of the Lokpal Bill should be determined by Mr Hazare and his team. It must equally be emphasised that absolutism, no matter how well-meaning, is not the solution to an issue that has been hanging fire for decades; a certain amount of elasticity has to be allowed to Parliament which alone can decide the jurisdiction of the proposed Lokpal. Also, there is ample time between now and the official circulation of the Bill before it is debated in Parliament for Government to amend it suitably. It is entirely possible that the Cabinet will decide to include the Prime Minister and the lower bureaucracy within the jurisdiction of the Lokpal, rather than be forced to incorporate amendments after introducing the Bill in Parliament. In which event, current apprehensions will prove to be misplaced. Mr Hazare, therefore, would be well-advised to hold his peace for the moment. That said, the Opposition, which has already made it clear that the Lokpal Bill must reflect the sense of the House and that it will not countenance the Government going back on its promise, should remain alert and unrelenting. Enacting a law to set up the institution of the Lokpal is both a challenge and an opportunity. The challenge lies in framing the law in such a manner that it does not impinge upon the independence and authority of either the executive or the legislature while ensuring that public servants maintain the highest standards of probity, failing which they will face punitive action. The opportunity lies in demonstrating that Parliament is not an ineffective institution that has failed to live up to the expectations of the people. Politicians are a much maligned lot today, often needlessly so. Here is the moment for them to disprove carping critics and Cassandras who have no faith in democracy.
