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‘Advocate’ Sushma tears apart govt’s Lokpal bill

The BJP punched holes in the government’s Lokpal bill saying it was anything but a strong and effective law to deal with corruption in the country.

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The BJP on Tuesday punched holes in the government’s Lokpal bill saying it was anything but a strong and effective law to deal with corruption in the country. The BJP while objecting to various parts of the government-proposed legislation, moved two major amendments and suggested numerous other changes.
Foremost was the suggestion that the bill in its present form be sent to the standing committee and then be reintroduced in Parliament in three months.

Speaking in the Lok Sabha, leader of the opposition, Sushma Swaraj suggested instead of the bill’s present status under Article 253 of the Constitution (whereby Parliament has the right to legislate any law for any part of India under international treaties), the government should take recourse to Article 252. Under this law, Parliament would be able to legislate for two or more states by consent.

The BJP’s other objection was to the inclusion of 50% quota to minorities in the intended Lokpal institution. The Constitution, she said, does not allow for “religion-based” reservations.
According to the BJP leader, by making it mandatory for state governments to legislate Lokayuktas, the government was attempting to intrude into the Seventh Schedule whereby state public services are empowered to take care of their own administrative issues. The BJP wanted the Centre to make the acceptance of the Lokpal mechanism by states as “optional” so that the federal structure is least affected.

The BJP also expressed its reservations over provision 24 of the Lokpal Bill. This part of the bill, according to Swaraj would infringe on the sovereignty of Parliament as the presiding officers of the Lok Sabha and Rajya Sabha would have to offer their reasons for taking/not taking action against MPs who the future Lokpal institution might want to prosecute.

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