Kejriwal is not telling people that Lokpal Bill which he has used (or over-used) as the reason to quit Delhi Government in just 49 days, is National Act today! (Delhi only needed an amended Delhi Lokayukta!
When
confronted by this, he says "oh its a jokepal! He belittles it. He
rubbishes it. Because if he respects it he loses the agenda for the political
chaos he needs for electoral gains! He is in a political arena and whatever he
says and does has a political self interest in the garb of public interest!
Therefore
to mislead and get votes on this account he is compelled to keep this diversion
alive!
Which
is why he does not explain to people the key empowering-added-new provisions of
the National Act which is equally applicable to Delhi! People need to know and
focus on it to ensure it takes off correctly! And becomes the much needed
institution country has been waiting for! (This is the much amended one from
the kinds offered by Government during and post anti corruption movement)
Here
are the key elements of the National Lokpal which Kejriwal does not tell
his vote bank, lest he loses his key agenda----
* The
CBI's director appointment: In the new Act it's by a collegium comprising of
the Prime Minister, Leader of the Opposition and the Chief Justice of India.
(People wanted this and got it)
* The
Selection Committee for lokpal members, comprises of the Prime Minister, Chief
Justice of India, Leader of the Opposition, Lok Sabha Speaker,and an eminent
jurist to be appointed by the President on the recommendation of the selection
committee
* The
lokpal would have eight members: four from the judiciary and the others with
expertise of law, investigation, finance, vigilance, anti-corruption etc. Also,
with due representation from Scheduled Castes (SC), Scheduled Tribes (ST) and
women.
Overseeing CBI
* The
Central Bureau of Investigation (CBI) will be overseen by the lokpal in
relation to cases referred by the lokpal. In all matters referred by the lokpal
to the CBI, the latter will be directly reporting to the lokpal only. Hence, it
stands insulated from any political interference in Lokpal referred cases. (no
more law ministers' interference of the kind witnessed earlier).
* CBI
officers investigating lokpal cases will be transferred by the government only
with the prior approval of lokpal
* CBI
will also be free to appoint its own team of lawyers with the lokpal's consent.
Currently, it's a very bureaucratic route.
* CBI
shall have directorate of prosecution under a director who shall be under the
CBI director. (This, too, is a major improvement. Law officers come from the
law ministry
* The
government shall provide all such expenditure, which in the opinion of the CBI
director is necessary to conduct a fair investigation. The CBI director will be
responsible for all expenditure sanctioned and spent on the conduct of such
investigations. (It cuts out all existing red tape, and makes the CBI director
the head of his own organisation, which he has been seeking for a long time)
Inquiry wing
*
There shall be an inquiry and an investigative wing too, which enables the
lokpal on receipt of a complaint to decide whether to get the complaint
inquired into, or order an investigation by any investigation agency, even
besides the CBI!
* The
government, however, has proposed that prior to this, the government official
may give a hearing before filing charges! (Within norms of natural justice)
*
Another important change is the issue of sanction from the government before
proceeding with the complaint concerning a government servant (not needed
now).
* The
Prime Minister is included with certain exceptions such as public order, space,
defence matters etc. but not the Prime Minister's office!
* The
lokpal can be removed by the President after a Supreme Court inquiry on a
reference from the President on a petition signed by at least 100 MPs.
* In
case of a false or frivolous complaint, those made in good faith should not be
penalised.
* The lokpal Act to be a model Act for all the states to pass lokayukts within a year. Many states till now do not have one.
We may at least begin with this Lokpal Act and Improve it as we proceed!
* The lokpal Act to be a model Act for all the states to pass lokayukts within a year. Many states till now do not have one.
We may at least begin with this Lokpal Act and Improve it as we proceed!
It
is finally providing for an independent anti-corruption system and opens the
cage of the 'caged parrot' (CBI). .The country is finally getting a mini
Supreme Court for Anti Corruption matters. It now needs few other bills such as
Whistle blower and Grievance Redressal Bills! Hope a stable Government, post
elections, provides for these! As these are pending in Parliament.
Orissa
assembly has become the first State to pass a Lokayukta on the lines as
National Act. It ought to have made good news! But Alas!
Mr
Kejriwal needed to work on Delhi Lokayukta and improve it. He would have for
the support of all! Most of all the Central Government. Delhi would have
gained!
But
did Kejriwal government want it? If it did it could have done what Orissa
Government did! Pass an amended Delhi Lokayukta Act with due process!
The
intention of Kejriwal was suspect from day one due to several lawless acts of
his and some of his party members! It was not governance from day one, but
disruption, chaos, blame games,vote banks, fear and threats!
This
is not Administration but abuse of it! A serious breach of trust!