Corruption Charges and Lokpal Act

The UPA government in its second term could also be credited with having got the Lokpal and Lokayuktas bill passed in December 2013. But here too it was compelled by circumstances to do so.

The second term of the UPA government was fraught with allegations of corruption against it. There was a controversy over the allocation of the 2G and 3G spectrum (telecom licences), which were alleged to have been given away at very low rates. In 2010, the Comptroller and Auditor General’s report seemed to confirm this. Then came the Commonwealth Games scandal with reports of huge sums of money changing hands for the procurement of contracts for various infrastructure projects. While the 2G/ 3G scam could be laid at the doors of an ally of the Congress, the Commonwealth Games scam led to a Congress minister. The

report of the Comptroller and Auditor General in 2012 charged that coal block allocations had led to a loss to the exchequer because the allocations were based on favouritism; this report actually cast an aspersion on Manmohan Singh’s reputation, which had always been that of a clean politician, as the allocations had been made when the coal portfolio was with him (2006–2009). The corruption stories were extensively covered and debated on the numerous television channels and brought the subject to a large number of people. Anti-corruption movements became prominent in 2011.

Anna Hazare, a well-known social worker from Ralegaon Siddhi village in Maharashtra, came to Delhi in April 2011 and sat on a 12-day fast to protest against the corruption in government and the failure to tighten anti-corruption legislation. His specific demand was that a Lokpal be established. Many activists joined him in the protest. ‘India Against Corruption’ was an organisation created to support Anna Hazare in his efforts. One of its main founders was Arvind Kejriwal, a Magsaysay Award winner and an activist for the right to information movement. Many of its members were prominent persons in public life–lawyers, civil servants, and academicians. Large numbers of people, including celebrities, came out to support Anna Hazare. And the media coverage added to the importance of the event. The 2011 movement was significant in Indian political history in that it provided people the opportunity to express frustration. Most people had experience of having had to bribe officials and politicians for getting even legitimate work done. A series of demonstrations and protests against official corruption took place across India.

The government seemed to be rattled by the protests and responded by announcing that it would set up a committee to hammer out a lokpal bill. It said the committee would have five cabinet members and five persons nominated by India Against Corruption. Anna Hazare broke his fast and expressed the belief that the bill would be passed before Independence Day that year. The committee, however, failed in its effort

as there was deep distrust between the government representatives and the activists, and they could not agree on some major aspects.

Soon there was another protest meeting, this time led by the yoga guru, Baba Ramdev, demanding the repatriation of unaccounted money from Swiss and other foreign banks. Though he was not like Anna Hazare in that he had political ambitions (he was considered close to the BJP), he had a large following. Once again, there were large numbers joining in the protest. The government came down hard on the protestors after its efforts at conciliation failed. Ramdev was ordered to stay out of Delhi.

The Lokpal Bill, approved by the government in July 2011, was rejected by the activists on the ground that it excluded several high functionaries from the ambit of the lokpal’s jurisdiction.

Anna Hazare declared that he would once again go on a fast in the cause of a better lokpal bill. Now a fiasco occurred with the government arresting him. Anna Hazare willingly went to jail and refused bail, and began his fast right there, putting the officials in a quandary. The streets of Delhi filled with protestors supporting him. The government had no option but to release him. Anna Hazare continued his fast at the Ramlila Grounds. A throng of supporters gathered to express solidarity. The protests were, on the whole, nonpartisan with most protesters unwilling to let political parties make use of them in pushing political agendas. The movement was nowhere near Jaya Prakash Narayan’s ‘Sampurna Kranti’ (total revolution) agitation of 1974–77. The difference was that the protest in 2011 was held in full media glare; after all, the era of the 24×7 television had arrived. The government failed in its efforts to move Anna Hazare from his position. In the end, towards the end of August, Parliament passed a resolution moved by the then finance minister, Pranab Mukheree, that a revised Lokpal Bill would be passed, which would meet the main demands made by Anna Hazare and his supporters. This led to Anna Hazare breaking his fast.

The Anna Hazare protest did not succeed in making the government to immediately legislate on the lokpal. Also, the supporters split on the issue of forming a political party. Anna Hazare and some of the protesters were not ready to enter the political arena. However, Arvind Kejriwal was in favour of entering politics. Kejriwal and some others formed the Aam Aadmi Party (AAP) on November 26, 2012. It was going to create history by getting a stupendous majority in the Delhi Assembly elections of 2015, decimating the Congress and reducing the BJP to a few seats.

The Lokpal and Lokayuktas Bill was first tabled in the Lok Sabha in December 2011 and, after being passed, was tabled in the Rajya Sabha in the same month. The vote failed to take place after a marathon debate. In May 2012, the bill was referred to a select committee of the Rajya Sabha. In December 2013, it was passed by both the Houses of Parliament. On January 1, 2014, it received assent from President Pranab Mukherjee (who had been elected President of India in 2012).

The Lokpal and Lokayukta Act, 2013 mandates the establishment of Lokpal for the Union and Lokayukta for states to inquire into allegations of corruption against certain public functionaries and for related matters. The Act extends to whole of India, including Jammu and Kashmir, and is applicable to ‘public servants’ within and outside India. The Act laid out the organisation, jurisdiction, and powers of the Lokpal.

The jurisdiction of the Lokpal will include the prime minister. If, however, a complaint is filed against the prime minister, certain conditions will apply.

The Lokpal will also have jurisdiction over ministers and MPs but not in the matter of anything said in Parliament or a vote given there.

The Lokpal’s jurisdiction will cover all categories of public servants. The Lokpal’s own members have been included in the definition of ‘public servant’.

Critics have found two important shortcomings in the

Lokpal Act: the Lokpal was not made a constitutional body; and the judiciary was excluded from the ambit of the Lokpal.