Can't implement Lokpal Bill, Centre tells Supreme Court

The Union government on Tuesday informed the Supreme Court that it cannot operationalise the Lokpal because the Parliament needs to clear several proposed amendments.

Representing the government, Attorney General (AG) Mukul Rohatgi said, "In the current scenario, it is impossible to constitute the Lokpal Bill because there are more than 20 proposed amendments that need to be cleared."

In the Lokpal Bill, the Chief Justice of India, the Prime Minister, the Speaker and the Leader of Opposition (LoP - a Constitution post), would select the committee that would investigate allegations of corruption against public officials. However, since the current Lok Sabha does not have an LoP, the Bill needed to be amended to include the leader of the main opposition party, a non-Constitutional post in the committee, the AG explained.

"(Mallikarjun) Kharge is the leader of the main Opposition party, but the government did not give him the status of Leader of Opposition," Rohatgi told a bench comprising Justices Ranjan Gogoi and Navin Sinha.

"Unless the proposed amendment is not made, the committee cannot be formed," Rohatgi added.

Senior counsel Shanti Bhushan, representing NGO Common Cause, made a scathing remark on the government's delay to constitute the Bill. "They (the government) no longer have honest intentions. Can there be the slightest excuse for not implementing this Bill," Bhushan questioned.

Bhushan emphatically submitted that there was "no rule of law in this country". Leading the argument over a batch of petitions that sought the implementation of the Bill, Bhushan prayed for a time bound direction from the apex court. "Give time-bound direction to the government. Keep the matter pending so that you may monitor the situation periodically and pass appropriate directions as and when required," he added.

The top court reserved its judgment after hearing lengthy submissions from all interested parties.

Shortly after the Supreme Court announced its decision, Congress spokesperson and MP Gaurav Gogoi released a statement to the media saying how the party wanted "to raise very important subject of how the BJP government is systematically dismantling the checks and balances of our Indian democracy and it is dismantling the pillars of transparency and accountability which are so important in a modern democracy". The statement went on to read: "The Lokpal was passed by the Congress government. We want the Lokpal; and having a Lokpal would mean that all political parties are open to scrutiny but I think the BJP government does not want them to be held accountable to any other institution except for its political masters – the RSS. They only want to be held accountable to RSS."

The Jan Lokpal Bill, also known as the Citizen's Ombudsman Bill, is an anti-corruption bill that was drafted by civil society activists in India seeking the appointment of a Jan Lokpal — an independent body to investigate corruption cases, and complete them within a year. The bill also envisaged the subsequent trial to be complete in the following year.

Key points

1. Lokpal at the Centre and Lokayukta in each state will be set up.

2. It would be independent to prevent any influence from ministers or bureaucrats.

3. The loss caused to the exchequer would be recovered from the accused at the time of conviction.

The Lokpal Bill makes a government official responsible towards his public duties. If the government official failed to dispense his duties, he/she would be liable to a financial penalty which would be given to the complainant as compensation.