Saturday, October 23, 2010

[HumJanenge] Another Crack at the Ombudsman Bill Expected This Month

http://blogs.wsj.com/indiarealtime/2010/10/20/another-crack-at-the-ombudsman-bill-expected-this-month/

India is expected to take one more stab at creating an ombudsman to
check corruption at federal government offices including the
parliament and even the cabinet.

Law Minister M. Veerappa Moily said earlier this month that a
legislation proposing to create a "Lokpal" or ombudsman office, is
going to come up before the cabinet for consideration. If cleared by
the cabinet, the bill then goes to the two houses of parliament for
discussion and vote. If it is passed, it is then enacted with the
president's approval.

A spokeswoman for the ministry of law and justice said on Wednesday
that the bill is likely to be considered by the cabinet of Prime
Minister Manmohan Singh "soon."

It's another citizen-oriented legislation to help ensure politicians
use their offices for the good of the voters. The 2005 Right to
Information Act has already proven revolutionary by enabling Indian
citizens to more effectively participate in the world's largest
democracy.

Different forms of the Lokpal Bill have made multiple rounds through
different cabinets and houses of parliament since 1968. They always
have failed due to dilly-dallying tactics by political parties.

Headlines for the last 10 years tell the story.

"Cabinet Clears Lokpal Bill" ( TheTimes of India, April 18, 2001):

"The Union Cabinet is understood to have on Tuesday night cleared the
long-discussed Lokpal Bill to check corruption in high places,
bringing within its ambit the office of the Prime Minister and members
of Parliament… The bill would now be brought before parliament to
secure its passage."

"India's Political Class Baulks at Ombudsman Legislation" (Asian
Tribune, Jan.9,2005):

"The Lokpal Bill… is set to assume a new dimension.The government has
proposed to bring the judiciary within the ambit of the inquiry powers
of the Lokpal. Thus, it will cover all the three wings- the executive,
the legislature and the judiciary."

"Lokpal Bill Introduced in Lok Sabha for Eighth Time" (The Hindu, Aug.
15, 2001):

"The Lokpal Bill makes its appearance in the Lok Sabha for the eighth
time as it had lapsed on seven earlier occasions following dissolution
of the House."

In the latest story welcoming the bill, The Indian Express reported
Monday that it had a copy of the latest revised Bill.

According to the paper, the Lokpal will have three members, all of who
will be current or retired senior judges of the Supreme Court or state
high courts. They will be chosen by a committee of the vice-president,
prime minister, speaker of the Lower House, law minister, home
minister and the leaders of the opposition in two Houses, according to
the report. The report added that both the executive and the
legislative wings of the government will be under the purview of the
Lokpal.

A spokesman for the office of the Prime Minister Singh said Wednesday
that the Bill is still going through many changes and recent news
reports have been "very speculative." He added the details about the
Bill will emerge in the next two weeks.

Let's hope this isn't another false alarm. India's vibrant civil
society has been demanding the enactment of the Lokpal Bill for
decades. While there already are institutional bodies like Central
Vigilance Commission and Central Bureau of Investigation with the
power to investigate the corruption in the government offices,
unfortunately they are too often more loyal to the parties in power
than to the public.

"We need to have a strong ombudsman who can act independently on
corruption issues," says Arvind Kejriwal, a New Delhi-based social
activist. "Right now, there is no independent agency in this country
which is independent of political executive."

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