Lokpal Bill - do we really need it?

Lokpal Bill - do we really need it?

Introduction
The Lokpal Bill has become a bone of contention between warring political parties in present times. But a more important question is whether Indians need the Lokpal Bill.

While it cannot be denied that we definitely need legislation to counter corruption, it is questionable as to what extent the current Lokpal Bill actually meets all the requirements. The roots of this bill were first sown in 1963 much before social activists highlighted it as a cause which inspired a social movement and an anti-graft party.

This proposed bill for anti-corruption demands the creation of the post of ombudsmen to investigate corruption charges against officers. While the debate over the bill continues to create a furore among thinkers, economists, politicians and members of civil society, there are serious concerns whether this bill will actually be able to end the reign of scam tainted ministers, as well as corrupt bureaucrats and businessmen.

We definitely do not need the Lokpal Bill. We need a better law than this to counter corruption.

Viewpoint
• There is a clause in the Lokpal Bill which actually prevents the ombudsmen from receiving complaints directly from common man. In fact, the Lokpal actually has to get access to the complaints after the Parliament’s deliberations.

• The Lokpal Bill is ineffectual for curbing corruption. This is because once the ombudsmen make an enquiry regarding the complaint he or she has to send the report to another authority which will decide on the course of action regarding the complaint. This means that the Lokpal will simply act as a go-between and be reduced to the position of a political pawn.

• According to the bill, the Lokpal has no police powers and not even an FIR can be registered by it. There is no account of the procedure to be followed regarding the charge-sheet and the initiation of prosecution. India does not need another useless piece of legislation which is just not implemented.

• Another grey area is whether the CBI will continue to investigate the complaints once the bill becomes a law. The question remains as to whether the CBI will only conduct investigations involving politicians once the bill is passed.

• The Lokpal Bill has given no authority to the ombudsmen for being able to send corrupt public servants to jail. It can only make recommendations which may or may not culminate in action against the erring officers.

• The bill considers only the ministers and the parliament as part of the jurisdiction of the ombudsmen. It is leaving out the corruption perpetrated by the bureaucrats and criminals who are associated with almost any scam nowadays.

Moreover, the CVC will investigate the role of the civil servants while the Lokpal is stipulated to deliberate on the crimes of the politicians. This will add to the confusion as the agencies will collaborate without looking at the role played by criminals as well as unscrupulous businessmen and corporate personnel who play a major role in many of the ongoing scams.

Conclusion
The Lokpal Bill is just another legislation which will remain on paper only. Laws are effective only if they are well-formulated and effectively implemented. There is no doubt that this bill is not required.

Noted thinkers like Amartya Sen have even criticized this bill for its ill-framed clauses. We need more advanced and well structured legislation for ending the menace of corruption.