While Anna Hazare and his team have managed to focus India’s attention on the need for an ombudsman to keep an eye on the country’s rulers, there is little agreement among independent observers on the form this institution should take. The only thing all the experts DNA spoke to were unanimous on was that the government’s draft was weak and did not fit the bill.
Former Mumbai municipal commissioner DM Sukthankar said, "There is no doubt that the government draft is poor. I would rather go for the Jan Lokpal as it talks of one strong body. Too many legislations could create problems."
Sukthankar, a well-regarded administrator, said that subject to certain riders, the prime minister should be within the ambit of the Lokpal. "There is a need for strong Lokayuktas in the states,” he said.
“The NCPRI [National Campaign for Peoples’ Right to Information] talks of a grievance redressal commission, but where is that possible unless there is a citizen's charter in place that will help you find grievance properly? I feel the citizen's charter needs to be ruthlessly enforced, particularly amongst the lower judiciary."
Experts with a legal background were sceptical if a judicial commission would work in favour of such a charter. MP Rao, president of the Bombay Bar Association, which has supported Hazare’s movement, said, "The question is, will the state government have the wherewithal to make it happen? At present, it does not even give salaries on time. Will it be able to create the requisite infrastructure? It is not just a question of giving space. A lot of other things, like experienced staff, are required."
Rao said that while the NCPRI draft looked good on paper, there should be a built-in mechanism to tackle the corrupt. “Right now we do not have that in the judicial set-up,” he said. “There is no prosecution and penalising."
Others felt that having one gigantic organisation could lead to its undoing. Former Punjab police chief Julio Rebeiro said, "Team Anna’s bill is very ambitious. It concentrates on one individual or body and hopes that he will be good. What if that man misuses power?
“India has a huge bureaucracy which is difficult to handle. If they all come under one body, how will it be managed? There is too much scope for contradictions if the judiciary and the entire bureaucracy come under one body. Only if it is felt that there is a huge scam that involves people from top to should it be given to the Lokpal."
Still others felt the whole exercise was futile. "I do not find any of the bills up to the mark,” said prominent consumer court lawyer Anand Patwardhan. “In fact I feel they are losing sight of the larger goal. Had they just strengthened existing laws and cracked the whipped in a time-bound manner, corruption would have reduced considerably."
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