Lokpal Bill will bring in havoc: Jaitley
Criticising the Lokpal Bill, leader of the opposition in Rajya Sabha Arun Jaitley said the legislation would bring in constitutional havoc as the Centre would be encouraged to "usurp" rights of states through the provision of setting up of Lokayuktas.
Initiating the debate on the Bill in the Upper House, Jaitley said the Bill was prone to constitutional challenge in the way of its design. “It will make cocktail constitution. Let us create an institution which is constitutionally possible,” he said.
Accusing the government of creating a “subservient” Lokpal, the BJP leader said his party is favouring a strong anti-graft ombudsman and not a "weak and phoney" legislation.
Going over clause by clause of the Lokpal and Lokayuktas Bill 2011, Jaitley said: “You (the government) want to control appointments, want government control over investigating agency, use Lokpal to intrude every aspect of civil society.”
Himself an acclaimed advocate, Jaitley picked out the flaws in the legislation to the thunderous applause of the opposition benches. His speech had been listened to with wrapped silence from the visitors and press gallery which were packed.
He reserved his strong criticism for the provision to create Lokayuktas in the state, describing it as a “grey area” which the Centre can use to “usurp” the state’s powers.
"Why are you creating a constitutional havoc? The government is trying to make constitutional cocktail," he said.
Rejecting the inclusion of NGOs, trusts and societies into the Bill, Jaitley said the government has done this to target civil society and silence their critical voices against it.
Keeping the minority provision would similarly make the Bill vulnerable for constitutional challenge as someone could move the court.
He said the government has the majority in the five member panel to appoint the Lokpal and the Supreme Court is vested with the powers to remove them, which can be approached only by the government.
"If Lokpal is biased in favour of the government, the beneficiary of the bias will decide if an appeal can be filed against the appointment," he said.
He also said that the CBI must be kept within the Lokpal with a directorate of prosecution
"An effective Lokpal needs an effective investigating agency like the CBI. You are creating a Lokpal so that it becomes a rudderless institution," he charged.
The current Bill is making the investigative mechanism multi-layered and complicated, hampering speedy probe. If the government were to keep the CBI under its control, the Lokpal would become weak, he said.
