Tuesday, June 14, 2011

The Fiasco Of Jan Lokpal Law Of India

Till now two things are absolutely clear regarding the Jan Lokpal Law of India. The first is that Indian Government is not at all serious about eradication of corruption in India. The second is that it is adopting “Double Standards” in this regard. On the one hand it is saying that making a law is the prerogative of the Parliament of India. On the other hand, the Parliament of India is not at all interested in enacting a strong, effective and robust Corruption Law of India.

This is the reason why Jan Lokpal Law has not been enacted since more than 42 years it was originally proposed. The delaying tactics are not new for Indian Government. It has been almost two months since the Joint Drafting Committee (JDC) for the drafting of Jan Lokpal Bill of India 2011 was formulated. Considering the present circumstances, it is clear that no draft Bill for Jan Lokpal would be introduced in the current monsoon session of the Parliament.

Further, even if some “Secret Bill” is introduced in this regard in the Parliament of India, it would not be passed just like the past 42 years. Even by some miracle such Bill would be passed by Parliament of India, it would not be made an “Enforceable Law” by the Executive. Finally, even if it is made an enforceable law by the Executive, it would, in all probably a useless piece of Legislation.

I am not a pessimist but I also do not believe in “Blind Optimism”. It is very clear to me what is happening and where the Corruption Law of India is heading to. When crucial Bills like Privacy Law, Jan Lokpal, etc are kept out of “Public Scrutiny”, positive outcomes cannot be expected.

I also shared my suggestions with the Department of Personnel, Government of India, which can make the proposed Jan Lokpal Bill of India 2011 strong, robust and effective. However, they seem to have not been considered by the Department so far. This raises the genuine question whether Indian Government is open to critical and genuine public inputs in this regard or this entire episode of JDC is a fa├žade to gain more time?

The Jan Lokpal Law of India must be “Techno Legal” in nature that must incorporate the benefits of Law, Technology and Constitutional Duties. Further, if Jan Lokpal Law Of India 2011 has to be successful it must incorporate many more issues like Technology, Whistleblower Protection, Harmonisation between Judicial and Lokpal fields, Right to Information, Mandatory Electronic Services Delivery, etc.

With the present approach of Indian Government that seems to be distant reality. God save India from omnipresent corruption that is not going to end for many more decades, perhaps never.

1 comment:

  1. Democracy is all about will of the majority. Now majority of the people are against corruption, they are fed up with politicians. People want an independent body to investigate all corruption charges against all the Ministers including PM. There is nothing wrong in correcting the constitution of India to uphold clean corruption free governance. Corruption free government is the most important thing than our constitution. Leaving PM out of Lokpal bill is a joke. Lokpal is all about setting up a mechanism for corruption free government of India.