Team Hazare's 'mantri-to-santri' idea faces practical problems

LOKPAL-CASES
New Delhi, Jun 19 (PTI) Will the proposed Lokpal
(ombudsman) in India be able to handle more than 100,000
complaints of corruption cases lodged mostly against lower
level staff every year?
Members of the civil society in the Lokpal Bill
drafting committee have made demands that could lead to the
proposed anti-corruption watchdog dealing with a humongous
amount of complaints but officials feel it can't handle such
volumes.
"Every year, more than 100,000 complaints of
corruption are registered across the country against
government officials, mostly lower-level staff like clerks and
peons. If the suggestion of 'mantri to santri' is included in
the Bill, it will be practically impossible for the Lokpal to
handle each and every case," a highly-placed official, who did
not want to be quoted, said.
These corruption cases mostly relate to foodgrains
distributed under Public Distribution System (PDS), making of
ration cards, issuance of driving licences, birth and death
certificates, clearance of pension papers etc.
Though there are various authorities to deal with such
cases under the Prevention of Corruption Act, civil society
members have been insisting that all corruption cases should
be handled by the Lokpal, dismissing the suggestion of the
government that only corruption cases against joint secretary
and above level officers should be given to Lokpal.
Independence of judiciary is protected by the
Constitution but if the judiciary is brought under Lokpal, as
demanded by the Anna Hazare team, it would affect the
functioning of the higher judiciary for which Constitution
has to be amended, the official feels.
"Judiciary is one of the pillars of democracy and
Constitution guarantees its independence," the official said.
If the Indian Prime Minister is brought within the
ambit of Lokpal, whenever there is a complaint against him or
her, he or she will have to resign to ensure impartiality of
the probe or else there would be allegation that the Prime
Minister may influence the witnesses or that witnesses would
be afraid of giving testimony against the Prime Minister.
If such a situation arises whenever there is a
complaint against the Prime Minister, he may have to resign to
be impartial and there would be instability at the Centre, the
official feels.
Another suggestion that Central Bureau of
Investigation (CBI) and Central Vigilance Commission (CVC)
should be brought under Lokpal also has not found favour with
the government since both the organisations have different
responsibilities and both are working as key arms of the
government against corruption. Bringing CBI and CVC under
Lokpal will give a big blow to the government's existing
mechanism, he said.
Civil society members want to make Lokpal as the
'fourth pillar' of democracy despite the fact that it would be
accountable to none.
The proposal to empower Lokpal with all administrative
and disciplinary powers again has not find favour within
government. At present, if any official is involved in any
wrong doing, action is initiated by the respective ministry or
department.
But if such powers are removed, no action could be
taken by the government against errant officials and a
decision from Lokpal may come after months, if not year,
later.
No Member of Parliament will support a bill which does
not give him or her guarantee or the privilege of protection
for what he or she does inside the House.
In such circumstances, it would be difficult for the
government to pass a bill in Parliament with some of the
features being campaigned for by the civil society
representatives, the official said. PTI ACB
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