Moving a step further towards enactment of a historic law for setting up Lokpal, the Government today tabled a Bill to this effect in the Rajya Sabha, but it was rejected by the Opposition as “constitutionally vulnerable“.
The Lokpal and Lokayuktas Bill, 2011, already passed by Lok Sabha, was moved for consideration by the Minister of State for Parliamentary Affairs, Mr V. Narayanasamy, amid questions over its passage in view of stiff opposition by various parties, including UPA ally Trinamool Congress. The UPA does not enjoy a majority in the Upper House.
Pushing for passage of the crucial Bill, Mr Narayanasamy said it “is in line with the sense of the House” expressed on August 27.
Initiating the debate, the Leader of Opposition, Mr Arun Jaitley, slammed the Bill saying it would lead to “Constitutional havoc” as the Centre would be encouraged to “usurp” rights of States through the provision of setting up of Lokayuktas.
The BJP leader and noted lawyer also opposed minority quota in the Lokpal bench, inclusion of NGOs and keeping CBI out of the purview of the ombudsman.
“If you are creating history, let us not create bad history. We will be leaving a lot of task for the next generation to do,” he said.
He made it clear the the BJP would not support the Bill in the present form. “Please accept amendments that the colleagues have moved,” he said.
Mr Abhishek M Singhvi (Cong) rejected Mr Jaitley’s contentions, saying the BJP was creating fear psychosis over the issue of NGOs under the purview of the ombudsman.
Opposition today slammed the Lokpal Bill saying it would lead to “constitutional havoc” as the Centre would be encouraged to “usurp” rights of States through the provision of setting up of Lokayuktas.
Initiating the debate in the Rajya Sabha, Leader of the Opposition Mr Arun Jaitley also opposed minority quota in the Lokpal bench, inclusion of NGOs and keeping CBI out of the purview of the ombudsman.
“If you are creating history, let us not create bad history. We will be leaving a lot of task for the next generation to do,” he said.
He made it clear the the BJP would not support the Bill in the present form. “Please accept amendments that the colleagues have moved,” he said.
Going clause-by-clause in the Lokpal and Lokayuktas Bill, 2011, Mr Jaitley said the Ombudsman was “designed to be vulnerable to Constitutional challenge. Let us create an institution which is constitutionally possible.”
Referring to the provision on the setting up of Lokayuktas in the State, the BJP leader and noted lawyer said it would lead to creating “a grey area” by which the Centre can usurp powers of States. “Why are you creating a constitutional havoc? The Government is trying to make constitutional cocktail,” he said.
Mr Jaitley said the Government wants to subvert an institution even before its creation. “You want to kill it in the womb,” he alleged.
“You wanted to create a phoney Lokpal and create a smokescreen that you are giving a constitutional status,” he said taking a jibe at the proposal that was included at the instance of Congress general secretary Rahul Gandhi.
Earlier, the Opposition forced a brief adjournment of the Rajya Sabha demanding presence of the Prime Minister, Dr Manmohan Singh, during the debate on Lokpal Bill, which was moved in the House on the last day of the winter session.
Immediately after the Minister of State for Parliamentary Affairs, Mr V. Narayanasamy, moved for consideration the Lokpal and Lokayuktas Bill, 2011, BJP members were on their feet asking where the Prime Minister, who is also the Leader of the House, was.
Despite repeated assurances by Chairman Mr Hamid Ansari that the Prime Minister was on his way to the House, the Opposition members did not relent charging that the Government is “not interested“.
Mr Ansari wanted that the Leader of the Opposition, Mr Arun Jaitley, should initiate the debate. But as the din continued, he adjourned the House for 10 minutes.
The proceedings resumed only after the Prime Minister reached the House and Mr Jaitley began his speech.
Seeking to drive a wedge between the UPA coalition partners, Mr Jaitley encouraged Trinamool Congress by saying that its opposition to various provisions of the Bill was correct.
Holding that one does not have to demolish federalism in the fight against corruption, he said, “That is why the Trinamool Congress is right.”
BSP flays Bill
BSP member Mr S.C. Mishra also criticised the Bill for keeping the CBI under Government control and said the agency is used to settle political scores. He claimed that cases against Uttar Pradesh Chief Minister and BSP supremo Mayawati were an example of such misuse.
Mr Mishra appeared to attack Rahul Gandhi when he said that a Congress leader goes to Uttar Pradesh and says that “we (Centre) have sent money...Is it your (Centre’s) property? It is our money.”
He said the reservation for minorities in the Lokpal bench and search committee was done under pressure as the Congress treats minorities only as “vote-minting machine“.
Amidst protest from Congress members, he said it was a “day of misery” for the ruling dispensation and counselled them to listen patiently to the criticism.
During the debate, which saw exchange of barbs between Mr Jaitley and Mr Singhvi, the Congress member rejected opposition’s stand on reservation, saying the Bill does not have any provision for quota and only talks about ensuring representation from diverse sections of the society.
He accused the BJP of giving an “advanced prematured certificate of unconstitutionality“.
He said the Lokpal Bill does not cover all private trusts but only those, which receive public donations above a certain amount.