The controversial Lokpal Bill 2011 that provides a mechanism for dealing with complaints on corruption against public functionaries in high places was introduced in Lok Sabha on Thursday. The Bill was introduced after the Leader of Opposition in the Lok Sabha, Ms Sushma Swaraj, objected to the exclusion of the Prime Minister from its ambit.

However, her objection was negatived and the Bill was introduced by Mr V. Narayanasamy, Minister of State in the Prime Minister's Office (PMO), after voice vote. This is the ninth Lokpal Bill that has been introduced in the Lok Sabha.

According to the Bill, a serving Prime Minister will be outside the ambit of the proposed legislation. Simply put, the Lokpal cannot inquire into allegations of corruption against the Prime Minister during his tenure. Allegations can be inquired into only after he demits office. Raising her objection, Ms Swaraj said “My objection is not with regard to the mandate of the Government. My objection is with regard to violation of Constitutional provision. The Constitution provides equality to all. Under our criminal system, he or she cannot enjoy immunity. Under the Indian Penal Code, the Prime Minister has not been given immunity. But the Prime Minister is not included in the Lokpal Bill. Where is the logic? Nobody can be a holy cow.”

The earlier eight Lokpal Bills were introduced in the Lok Sabha in 1968, 1971, 1977, 1985, 1989, 1996, 1998 and 2001. However, these had lapsed consequent upon the dissolution of the respective Lok Sabha, except in the case of the 1985 Bill, which was withdrawn after its introduction.

The Lokpal Bill 2011 provides for establishment of an institution of Lokpal with a chairperson and eight members of which 50 per cent will have to be judicial members. Once enacted into law, every public servant has to declare his assets and liabilities. In case of default or furnishing misleading information, it would be presumed that the public servant has acquired such assets by corrupt means.

The Bill, when brought into operation, would involve a non-recurring expenditure of Rs 50 crore and a recurring expenditure of Rs 100 crore in a financial year. In case a building is constructed to house the Lokpal establishment, an additional expenditure of a non-recurring nature of Rs 400 crore may be involved.

In her brief remarks, Ms Swaraj pointed out that the incumbent Finance Minister, Mr Pranab Mukherjee had in 2001, as Chairman of the Parliamentary Standing Committee, endorsed the inclusion of the post of Prime Minister within the ambit of the Lokpal Bill tabled in 2001 by the NDA Government.

Later, responding to this remark, Mr Mukherjee said that as Chairman of the Standing Committee, he had placed the report on February 16, 2002. He sought to know as to what had prevented the then NDA Government to take the process forward and get the Bill enacted in 2002 or 2003.

> krsrivats@thehindu.co.in

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