Lokpal Bill and the Mulnivasi Bahujan Samaj

India is a country where honesty and integrity in public and private life have been glorified and upheld in history. Yet, India today is one of the most corrupt countries in the world. The world’s most corrupt people and the brahminical media have suddenly started talking, writing and reading about corruption. What is this wonder? Remember corruption is the other word for Brahminism. Brahminism is born in corruption. The Supreme Court itself said on Nov.26, 2010 that Allahabad High Court judges are corrupt (TOI Nov.27, 2010). In the Bombay Adarsha Housing scam, Army, Navy and Air Force chiefs were named.

The constitution of this country clearly lays down a number of safeguards, processes and institutions that are designed to deal with all these issues. If someone has a problem with corruption, report politicians to the police. File a PIL. Or better still, don’t elect them. So there is a democratic system. The sytem itself is not at fault, but it’s the implementers. Who are the implementers of law for the last 65 years?

“We already have the Anti-Corruption Bureau and the CBI. These agencies are competent to contain corruption, if they are given adequate powers”.

India is a democratic country and is governed by administrative body. The Administrative Reforms Commission or ARC is the committee appointed by the Government of India for giving recommendations for reviewing the public administration system of India. The first ARC was established on 5 January 1966. . The Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of a two-tier machinery – of a Lokpal at the Centre, and Lokayukt(a)s in the states. This was the start of Lokpal Bill. (Was Corruption so intense in 1966? Why it was felt that such person is needed in 1966).

Admistrative procedure during Buddha period

The administrative system of the period of Buddha was marked by the existence of “Mahajanapadas”. Numereous republics could be noticed during this period. Along with these republics, however, there existed four big kingdoms of “Magadha”, “Avanti”, “Vatsa” and Koshala”. In the republics, the real power belonged to the “Sabhas” (councils) which included the common people as well as the elite. The king was the head of the republic. He was elected for a fixed term and was accountable to the council for all his activities.

What is Lokpal Bill – Is it constitutional?

The word Lokpal means an ombudsman (An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests) in India. The word has been derived from the Hindi words “lok” (people) and “pal” (protector/caretaker). So the word Lokpal means ‘protector of people’. The concept of Lokpal has been drawn up ostensibly to root out corruption at high places in the prevailing Indian polity.

Lokpal will have the power of making law, implementing the law, and punishing those who break the law. The setting up of the institution of the needs to be seen. Why there is a need of such institution? Is it profound erosion of democracy. The Brahmin-Bania electronic media have killed the possibility of any substantive discussion by creating a spectacle. It is absolutely imperative that this space be reclaimed by those who are genuinely interested in a serious discussion about what corruption represents in our society and in our political culture.

But we have to ask very carefully whether this bill actually addresses the structural issues that cause corruption. In setting up a super-state body, that is almost self selecting and virtually unaccountable, it may in fact laying the foundations of an even more intense concentration of power. And as should be clear to all of us by now, nothing fosters corruption as much as the concentration of unaccountable and unrestrained power. If we want to take this institution seriously, within a democratic political culture, we have to ask whether the methods of initiating and concluding the term of office of the Lokpal conforms to democratic norms or not or is it a method of suicide bombing in slow motion.

The bill is against democracy and gives all rights of investigation, prosecution and punishment to the Lokpal. The Lokpal would be the ultimate authority if the bill is passed. He would be above Parliament and the Judiciary which challenges the basics of democracy.

The Indian Constitutional and legal system
attaches highest importance to the rule of law and it is the
fundamental right of every citizen to file an appeal against any
verdict.

History of Lok pal Bill

The bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969. However, the Lok Sabha was dissolved, resulting in the first death of the bill. It was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008 (Almost 9 times – Question arises why it has been revived for 9 times. Was anything wrong in the bill). Each time, after the bill was introduced to the house, it was referred to some committee for improvements – a joint committee of parliament, or a departmental standing committee of the Home Ministry – and before the government could take a final stand on the issue the house was dissolved.

In September 2004, Prime minister Manmohan Singh said the Congress-led United Progressive Alliance government would lose no time in enacting the bill. But strong lobbies blocked it.

Objectives of the bill:

The Lokpal was visualized as the watchdog institution on ministerial probity. Broadly the
provisions of different bills empowered the Lokpal to investigate corruption cases against
political persons at the Central level. Some important features of the Lokpal Bill have varied
over the years; in its most recent avatar, the bill contains the following;

The Lokpal will be a three-member body with a chairperson who is or was a chief justice or Supreme Court judge (Till date almost all are Brahmins), and two members who are or have been high courts judges or chief justices (Who are the till date Judges). The success of the Lok pal will ultimately depend on the caliber, character and competence of the person or persons selected to hold the crucial office. In most countries, the choice is not confined to the judiciary alone.

It is said that implementation of the Lokpal bill will hopefully reduce corruption in India. But what is the root cause of corruption. From where it had came? Who are these corrupt people for the last 65 years? Whose money is pending in Swiss bank. Is it the amount of Mulnivasis?

The Draft Lok pal bill (recent one) was prepared by Drafted by Justice Santosh Hegde (former Supreme Court Judge and present Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist). The draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission.

Salient features of the draft Lok Pal bill(2010).

1)      Lokpal will not have any power to either initiate action suo motu in any case or even receive complaints of corruption from general public. The general public will make complaints to the speaker of Lok Sabha or chairperson of Rajya Sabha. Only those complaints forwarded by Speaker of Lok Sabha/Chairperson of Rajya Sabha to Lokpal would be investigated by Lokpal. This not only severely restricts the functioning of Lokpal, it also provides a tool in the hands of the ruling party to have only those cases referred to Lokpal which pertain to political opponents (since speaker is always from the ruling party).

2)      Lokpal has not been given police powers. Therefore Lokpal cannot register an FIR. Therefore all the enquiries conducted by Lokpal will tantamount to “preliminary enquiries”. Even if the report of Lokpal is accepted, who will file the chargesheet in the court? Who will initiate prosecution? Who will appoint the prosecution lawyer? The entire bill is silent on that.

3)      Lokpal will have jurisdiction only on MPs, ministers and PM. It will not have jurisdiction over officers.

4)      The selection committee consists of Vice President, PM, Leaders of both houses, Leaders of opposition in both houses, Law Minister and Home minister. Barring Vice President, all of them are politicians whose corruption Lokpal is supposed to investigate. So there is a direct conflict of interest. Also selection committee is heavily loaded in favor of the ruling party. Effectively ruling party will make the final selections. And obviously ruling party will never appoint strong and effective Lokpal.

5)      Lokpal will not have powers to investigate any case against PM, which deals with foreign affairs, security and defence. This means that corruption in defence deals will be out of any scrutiny whatsoever. It will become impossible to investigate into any Bofors in future.

Since there were many lacunas in the drafted Lok Pal Bill, anna Hazare came into picture and proposed following changes in the Draft lok pal bill and gave it the name of “Jan Lok Pal bill”(2011). (Italics words shows comments and not part of Jan Lok Pal bill)

1)      An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up.

2)      Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations. (Currently CBI is there for investigations). (The basic question arises will the arya-brahminical people expose other arya brahmins who are corrupt, because the Lokpal and Lokayukta will not be from Mulnivasi Bahujan Samaj)

3)      Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years. (Why cases are pending for years and sometimes for generations in courts? Is it the system at fault or brahminism)

4)       The loss that a corrupt person caused to the government will be recovered at the time of conviction. (If current judicary system can not hang these corrupt ministers, does it means that judiciary system is wrong or the implementers are not doing their duties? Who are the implementers? Are they from Mulnivasi bahujan samaj)

5)      How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.

6)       So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month’s time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.

7)      But won’t the government appoint corrupt and weak people as Lokpal members? That won’t be possible because its members will be selected by judges, citizens and constitutional authorities (Basically brahmins or retired brahmins) and not by politicians, through a completely transparent and participatory process. (Are these position holders from the Mulnivasi Bahujan Samaj or the Brahmin-Baniyas?)

8)      What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer will be dismissed within two months.

9)      What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.

10)  It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.

The appointment of the Lokpal will be done by a collegium consisting of several different kinds of people – Bharat Ratna awardees, Nobel prize winners of Indian origin, Magasaysay award winners, Senior Judges of Supreme and High Courts, the Chairperson of the National Human Rights Commission, the Comptroller and Auditor General of India, the Chief Election Commissioner, and members of the outgoing Lokpal board and the Chairpersons of both houses of Parliament. It may be noticed that in this entire body, only one person, the chairperson of the Lok Sabha, is a democratically elected person. No other person on this panel is accountable to the public in any way. As for ‘Nobel Prize Winners of Indian Origin’ they need not even be Indian citizens. The removal of the Lokpal from office is also not something amenable to a democratic process. Complaints will be investigated by a panel of Supreme Court judges.

This is middle class India’s dream of subverting the ‘messiness’ of democracy come delightfully true. So, now you have to imagine that Lata Mangeshkar (who is a Bharat Ratna), APJ Abul  Kalam (Bharat Ratna, ex-President and Nuclear Weapons Hawk) V.S. Naipaul (who is a Nobel Prize Winner of Indian Origin) and spectrum of the kinds of people who take their morning walks in Lodhi Garden – Supreme Court Judges, Election Commissioners, Comptroller & Auditor Generals, NHRC chiefs and Rajya Sabha chairmen will basically elect the person who will run what may well become the most powerful institution in India.

I do not understand what qualifies Lata Mangeshkar and V.S. Naipaul (whose deeply reactionary views are well known) to take decisions about the future of all those who live in India.

Let us think and evaluate will the Lok Pal Bill;

1)      Going to end all our miseries.

2)      No one will sleep hungry in this country now.

3)      No one will be killed for demanding his/her constitutional rights.

4)      Women will no longer parade naked to protest the rapes by security forces.

5)      Teenagers won’t be killed for demanding basic human rights.

6)      Farmer suicides and malnutrition death are all going to stop.

7)      Corruption will finally be a thing of past so that we may focus our energy towards more amusing things like IPL and many others ???

Question : Styled as people’s movements, Why these so called Hazare group have never embraced the Constitution as the final arbiter of political, social, economic and cultural diversity as laid in the preamble of the constitution.

The Lokpal Bill might have power concentrated on a single institution which is not healthy for a Democracy.

Lokpal shall have powers to direct the Judiciary.

This will compromise the independence of Judiciary.

Even if this proposal were to be accepted, many Constitutional amendments have to be made.

It can seek the resignation of the Prime Minister, the Chief Justice of India and all Constitutional authorities with the kind of overarching powers that are being envisaged.

We have to decide whether we believe in representative democracy or not and if so, it is the people’s representatives who have to decide on matters of legislation and state policy.

Giving the Lokpal executive and judicial powers even over the Supreme Court will violate the constitutional scheme. Many laws had passed/ amended in the Parliament. That is another beauty of the democratic system. There are Consultative Committees, Select Committees, Standing Committees and Review Commissions mandated by the Constitution to ensure that the people’s right to a clear law is
evolved.

Dear Friends, we were taught by our fore-fathers and our seniors that, Whenever there is a national issue and brahmin-bania media is full fledged highlighting any issue in the national interest, then confirm it that the issue is not of national interest but of Brahmin interest. Also whenever the ruling party and opposition party people are speaking in the same language, then there is something going on, which is against the 85% Mulnivasis of the country.  Just have a thought.

Regards

Ashish

One Response to Lokpal Bill and the Mulnivasi Bahujan Samaj

  1. SHANKER KUMAR on May, 2011 at 9:46 pm

    ITS AN ANOTHER TRICK BEING PLAYED BY ARYA-BRAHMINS TO DIVERT ATTENTION FROM ISSUES AFFECTING MULNIVASI BAHUJANS.ITS RIGHT THAT NO ARYA-BRAHMIN WILL TAKE INTEREST INTO INQUIRING THE CASES AGAINST ARYA-BRAHMINS.

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