A group of people self declared civil society Team Ann has created a condition against Indian state, which has long lasting effect on Indian polity. Team Ann says that they have framed a lokpal bill so called Jan lokpal bill, that bill is most suited to the India. Now question arise whether the provisions of Jan Lokpal Bill are as suitable as they cannot put under debate in Parliament. What are the contentious provisions of jan lokpal and what are their effect on Indian State. Now it needs to be analyzed:
Prime Minister: PM can be investigated with permission of seven member Lokpal bench. I think it is not so, because Primister is elected by 120 crore people of India. Since we have adopted the Parliamentary system of democracy. Members of Parliament are being elected by the people of India and these Member of Parliament elects the Priminister of India. So until Parliamentary System of Government is present in India, through Parliament Priminister is Supreme. By questioning the supremacy of Priminister we are questioning the Supremacy of constitution. How one cans belief that if Priminister of India is dishonest then lokpal will not be dishonest. Otherwise if we have to faith someone. Why that is not Priminister, Why that is Lokpal.
Judiciary, Judiciary Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench: it means Lokpal is above the Judiciary. 3 crore 27 lacks cases are pending before Judiciary. When we put Judiciary under Lokpal due to fear of prosecution no Judge will decide any case. No decision no mistake no prosecution by Lokpal.From Supreme Court to lower courts there are thousands of Judges. The problem of Judiciary is not the corruption, problem is delay in decision. If judiciary will be brought under Lokpal certainly decisions will be delayed due to fear.
Conduct of Member of Parliament Conduct of Member of Parliament can be investigated with permission of seven member Lokpal bench: Suppose any member has put a bill which is in favor of a larger group and adversely affecting to a small segment of the society. If that group makes a complaint against that MP that MP has ulterior motive to benefit a group of people so Lokpal should start prosecution against that MP. How you expect that MPs will perform their duties in Parliament.
Lower Bureaucracy: all public servants would be included: Jan Local is adopting the Singapore modle.The population of Singapore is lesser than that total number of central government employees. Regarding lower bureaucracy it needs to be reconsidered. There is a Hindi proverb"Eakai sade sab sadhe; Sab sade sab jai" .If you will punish to a central minister or secretary of central government, lower employees will automatically stop corruption. Instead of punishing 100 lekhpal, gram secretery, punish a collector of a district, lekhpal will automatically stop corruption. If district collector has no interest in corruption why he will protect to his sub ordinates. I have seen a film. In that film when teacher came to the class students starts shooting, one teacher leave the class another also leave the class after beating one two student. No teacher was ready to teach the class. Ultimately a teacher agrees to teach the class. When he reached the class students started hooting, teacher did not showed any response to the hooting. He continued teaching keeping in mind which student is master mind of this activity. Ultimately he came to know that son of chairman of the college is master mind behind whole drama. He gone to that student and put two hands on his mouth. Whole class had pin drop silence. It is almost impossible to tackle the corruption from Pradha to Pradhan Mantri. Check the corruption at top level, lower corruption will automatically stop. As I have stated earlier 3 crore 27 lacks cases are pending before judiciary. Due to abundance of cases of least importance cases of higher importance remain neglected. Similarly if whole employees will be put under Lokpal, corruption at apex level cannot be controlled.
As Jan Lokpal says Lokpal should have power to entertain complaints against anyone can enquire the case and start prosecution and sentence punishment. It means Lokpal is omnipotent. He can do anything. When constitution was laid down, three wings of government were framed. Legislative to frame laws, executive to execute laws and judiciary to keep eyes on act of legislative and executive. But if Judiciary crosses its limit parliament has power to check the Judiciary. But when Lokpal will cross the limit that will check Lokpal. I want to tell you a story. In a village there was a farmer. he had a warehouse to store wheat and rice. That warehouse became infested with rats. Farmer start thinking how these rats can be controlled. He had three options one he can use poison, can use mouse traps, or can kill the rat by beating by sticks. Instead of using these measures he put a snake to remove the rats. After some days rats had been finished. One day when farmer gone inside the warehouse to collect bag of rice, that snake bite the farmer and farmer was dead. Wheater we are not heading toward rearing snake to kill rats.
I have seen the film Gazni. When Mr. Aamir Khan says that there is thin line of division between confidence and ahankar. When I say I can do it. It is my confidence but when I say that only I can do it .It is my Ahankar. Only my Lokpal is Right. I think it cames under second category. Rules are framed in Parliament not on road. Pl doesn’t destroy the constitutional system. Otherwise it will be painful to whole of India not only to Congress.
Country has number of effective laws they need proper execution. Before 6 years Bihar was a lawless state with least growth rate. Now Bihar is second fastest growing state of India. Constitutional provisions and laws are same as they were before, but person has changed the scenario. Country needs good people along with good laws. Please do not make Indian democracy mobocracy.
