Jan Lokpal : A Hawkeye Prediction

          "Rulers see through spies,

           as cows through smell,

           Brahmans through scriptures and

           rest of the people through their normal eyes."

          The words of Kautilya, the Indian philosopher of the third century BC finds more meaning now, if not then. It is highly difficult to pass a day without confronting the golden word 'Jan Lokpal'. This may be mainly attributed to the so called hype created by the 'Peoples Revolution' or the controversies surrounding the 'Bhushans' or the unstoppable VIP inflow into Tihar. But many a time we feel that the fire ignited by Anna Hazare is glowing down in its intensity

         

         There is no denying the fact that the Lokpal bill is the need of the hour; owing to our inadequate systems to handle the magnitude of the corruption observed in the recent past. The CBI has powers but is not independent (of its political masters). The CVC is independent, but it does not have sufficient powers or resources. Besides, the CVC is just an advisory body and has no powers to register a criminal case. The revolution by Anna Hazare was a great crowd puller, amply supported by the media . The story of how the government conceded all the demands of Hazare within four days of his fast must make anyone wonder whether the idiom of public protest and the character of democracy in India have transformed abruptly ( Not to forget Irom Sharmila, who has been on fast for the past 10 years demanding the repeal of the Armed Forces Special Powers Act). But, can the Lokpal alone stop the corruption?

         

          The demand for a Jan Lokpal bill will only tackle one part of the problem of corruption. It is designed to create an effective institution to check the supply of corruption and to create disincentives for corruption. The bigger part essentially requires the policy change of the corporate margins. But, the Jan Lokpal bill is highly mis-understood by the  public.The Lokpal has no judicial powers. It has the powers of investigation and initiating prosecution. The judgement will be always given by ordinary courts. Also, it will never create a superpower which will not be accountable to anybody, because the orders will be reviewable in the higher judiciary, the Lokpal is mandated to function with full transparency and finally members of the Lokpal are accountable to the Supreme court and can be removed by a five member bench.

          But. the bone of contention is not the movement or the bill. At present, its all about the smooth flow of the working of the Drafting committee. Soon after the first meeting of the JDC, a CD containing some very unsavoury bits of conversation between Mr. Mulayam Singh and Mr. Shanti Bhushan blew up in the public's face. This was followed by other accusations of undervaluation of a property for payment of stamp duty and the allotment of unusually large prime plots worth several crores in Noida. 

          A section of the society now claims that its highly outrageous that a committee meant to draft a bill demanding "unimpeachable integrity" and demonstrable resolve to fight corruption should itself consists of persons who are yet to clear  themselves of the charges levelled at them damaging their professional integrity.There is lot of substance in this argument and also the author cannot digest the idea that the duo, knew each and every punctuation mark of the bill, and therefore their presence is an absolute must. How long does it take for an experienced and knowledgeable lawyer to grip the provisions of the bill. Is the bill that complex that a Fali Nariman or Soli Sorabji may find it difficult to comprehend.

         

         A viper crushed beneath your foot but left alive, will rear up and bite you with a double dose of venom. An enemy of the anti-corruption movement (be it anybody) that is left around is like a half dead viper that you nurse back to health. Time makes the venom grow stronger.The author's appeal to Anna Hazare is that the process has started , lets complete it without giving time to the vipers in and around the society to attack back with double vengeance. The normal eye-view says that its neither the 'pro-Bhushans' nor the 'anti-Bhushans' argument that is important; the need of the hour is that of a strong Jan Lokpal bill or else the Hawk eye predicts that, the means is going to become the end yet another time!!