28.12.11

Lok Sabha passes Lokpal bill

After a wait of 43 years and an intense 11 hour debate that lasted almost till the stroke of the midnight hour, the Lokpal and Lokayukta Bill was passed by Lok Sabha by a voice vote after government agreed to 10 amendments. It also secured passage of the Whistleblowers Bill. But a legislation designed to confer constitutional status on the anti- corruption watchdog fell through, as the government failed to secure two-thirds support for it – prompting finance minister Pranab Mukheree to lament “a sad day for India, a sad day for democracy”. At least 15 Congress members and close to a dozen belonging to UPA allies were not present at the time of voting, contributing to the defeat of the idea first proposed by Rahul Gandhi—who had termed it a “game-changer”—in August. The government needed an aye vote from 288 out of the 432 members present in the House. It could manage only 249, though there were 275 members present in the Lok Sabha in the morning. The defeat led BJP leader Yashwant Sinha to demand that the government quit as it had lost moral authority. “Say bye, not aye,’’ he quipped. The government was able to get the bill itself through thanks to its accommodative stance and the surprise decision of BSP, Samajwadi Party and RJD not to participate in voting: something which brought down the effective strength of the House and eased the task of the government’s managers to rustle up the necessary numbers. The Constitution (116th Amendment ) Bill, 2011 was crafted to give effect to Rahul Gandhi’s proposal that the proposed ombudsman should have a constitutional status. The Congress general secretary’s suggestion had led Parliament’s standing committee to recommend it although the issue was not on Team Anna’s “wish list”.
KEY AMENDMENTS
Lokayuktas in states will not be notified without the consent of state assemblies
Instead of three-fourths of the nine-member Lokpal needing to approve an inquiry against PM, the approval of twothirds will now be required.
Approval made less stringent
Armed Forces excluded from purview of Lokpal. They are covered under specific statutes as also civilian and criminal laws
Parts of Section 24 giving presiding officers of legislatures power to act against members on the basis of a Lokpal or Lokayukta report for corruption deleted. This means action cannot be taken before trial

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