DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL PUBLIC GRIEVANCES,LAW AND JUSTICE
FORTY EIGHTH REPORT
ON
THE LOKPAL BILL, 2011
(Presented to the Rajya Sabha on 9th december, 2011)
(laid on the table of the Lok Sabha on 9th december, 2011)
(The Preface has been sourced from the below mentioned URL featuring entire copy of 48th Lokpal Bill report )
PREFACE BY CHAIRMAN
I consider it a singular privilege and a great pleasure to present the 48th Report of this Committee on the Lokpal Bill, 2011.
It is ironical, and even somewhat paradoxical, that corruption, an issue as old as mankind1can generate so much contemporary debate, ignite large volumes of both light and heat. The fact that corruption, which has spread like a virulent epidemic in the very genetic code of society, has been brought to the forefront of our collective consciousness in recent times, is both a compliment to all those who have crusaded for strong anti corruption measures as also a reflection of the public's growing angst, revulsion and disgust at the proportions acquired by this disease.
But no one can afford to, and no one should, ignore the basic truth that no magic wand or special button has been conceived or invented, the activation of which can eliminate or even significantly reduce this scourge within a short time. Nor can anyone be oblivious to the reality that corruption can suffer significant and tangible reduction only by a holistic and multi-pronged approach and that no single initiative in this regard can be even significantly, much less conclusively, efficacious. To ignore the fact that the Lokpal Bill operates only within the limited zone of ex-post facto, punitive or deterrent measures would be to ignore reality itself. Such punitive measures cannot be a substitute for other significant prophylactic initiatives.
Corruption flourishes in the interstices of structures, mechanisms, rules, regulations and practices, which not only facilitate it but promote its multiplication like an uncontrollable hydra headed monster. It is those facilitative structures and practices which have to be attacked, if punitive and deterrent measures like the Lokpal Bill are to have any lasting impact. In a nutshell, law has to seek not only to make corruption painful and hurtful after the event, but to make corruption unnecessary, undesirable and difficult to embark upon at the inception. Indeed many of such prophylactic measures do not need legal changes but intelligent, calibrated and targeted policy changes.
Similarly, even within the punitive and deterrent zone where the Lokpal initiative largely operates, support structures, ancillary provisions and related initiatives are as much, if not more important, than the Lokpal itself. Some are discussed in Chapter 15. Many other vital ones, like initiatives necessary in respect of reducing black money (both domestic and foreign), alteration of rules and practices in the realm of realty transactions, elimination of discretionary powers department-wise, focusing upon and targeting state largesse in areas like mines, contracts and so on and so forth, are not the subject matter of this Report and hence not discussed here. In the ultimate analysis, it is only a synergical and cumulative aggregation of these diverse legal and policy initiatives which can effectively attack and reduce this malignant disease.
Though there are many creative initiatives and " firsts" in this Report, it is not possible to exhaustively list them. They include a specific recommendation to categorically have a statutory provision imparting genuine independence to the CBI by declaring, for the first time, that it shall not be subject, on the merits of any investigation, to either the administrative Ministry or the Lokpal. Secondly, it separates, for the first time, investigation from prosecution, thereby strengthening each and making each more professional and objective, apart from initiating for the first time, the creation of a premier prosecution department under the Lokpal. Thirdly, the Selection Committee, for the first time, includes a joint nominee of the three major constitutional post holders. Fourthly, Lokayuktas and the Lokpal are, for the first time, sought to be subsumed under a common enactment. Fifthly, constitutional status is sought to be conferred, again for the first time, not only upon the Lokpal institution but also upon the proposed Grievances Redressal body. Sixthly, the Report recommends abolition of all sanctions, by whatever name called. Finally, the CVC is, for the first time , made responsible for the large chunk of class C employees, with a supra added reporting requirement to the Lokpal.
The journey of this Committee has been most exciting and enjoyable, irrespective of the destination, as reflected in the sense of the Committee in this Report or the dissents or the eventual outcome in Parliament. The Committee held fifteen meetings over less than two and a half months between the real commencement of its proceedings on September 23, 2011 and the submission of the actual report in the second week of December, 2011. In individual terms, it interacted with 140 witnesses and its deliberations spanned approximately 40 hours.
Given the contemporary context in which this Bill was referred to the Committee, as also the diverse and extremely large canvas involved, there is an understandable sense of satisfaction in having expeditiously reached the stage of submitting the Committee's report. On an issue like this, which inevitably involves a somewhat uneasy melting pot of law, technicalities, the scrutiny of the nation, pressing exigencies of speed and time, an inevitable dose of politics and an overarching desire to be true to ones’ individual and collective consciousness, there is bound to be disagreement and dissension, sometimes even heated. But, personally, I am impressed, indeed astonished, at the high degree of convergence on a diverse number of issues which are addressed in this report and which aggregate over 25.
Some may see the glass half full, in the sense of looking at the dissenting notes, but I see the glass well above half full, based on the significant and laudatory degree of convergence on diverse and contentious issues. Even where there were disagreements, only in the last couple of meetings prior to adoption (none before), they did not vitiate the extremely cordial, dignified and principled level of exchanges which have prevailed right from the inception through to the conclusion of the proceedings of this Committee.
I do not think that I am guilty of any error or exaggeration when I say that the members of this Committee started this journey as relative strangers, but finished as friends. Equally, I have no doubt that each member individually, and the Committee collectively, exemplified and symbolised the Voltairian spirit that wherever they disagreed, they nevertheless upheld the right of the other person to disagree with them, even vehemently.
In the end, all I can say is that we have not tried to please anyone or everyone. We have tried to be true, individually to our respective consciences and collectively to Parliament and the nation. The Report is liable to be judged kindly or harshly by some or, indeed, to be ignored by others . All one can hope for is that the detailed collection and aggregation, not only of each conclusion but of every reason and argument in support of that conclusion, summarised in one chapter (Chapter 17) will be carefully perused before judgment, casual or considered, interim or final, is passed. I would be failing in my duty if I did not express gratitude for the constructive cooperation which I have received from each member of the Committee, irrespective of convergence or chasm. The witnesses, many of them experts and very eminent, gave willingly and uncomplainingly of their time and effort and all of it, gratis. The response from the public was overwhelming as reflected in the written memoranda received. The Administrative Ministry (Ministry of Personnel) was most helpful and cooperative. Perhaps no Chairman has driven the Secretariat staff harder and longer. Both Saturdays and Sundays, especially when I dictated the Report, with long hours at the Annexe, were par for the course. Mr Deepak Goyal, the head of my team, provided very able leadership to his entire team, and toiled ceaselessly whenever I entrusted anything to him. He was ably supported by Sh KP Singh, Sh K. N. Earendra Kumar, Ms Niangkhannem Guite, Ms. Catherine John, Sh. D.D. Kukreti, Sh. Yogendra Singh and Ms Madhu Rajput and a whole relay chain of stenographers who willingly took eight hour dictations from me on more than three weekends. In a lighter vein, I had expressed the certainty of my belief that the Secretariat were praying and waiting for the day when I would demit office as Chairperson of this august Committee, since they had no other hope of getting respite! I would also like to place on record my deep appreciation for all the assistance and support received from every one, not necessarily named herein, to complete this endeavour expeditiously. In the ultimate analysis, the responsibility for all the errors rests with me, and, to a lesser extent, with the Committee which adopts the Report as reflective of the broad consensus in the Committee. The reasons for the conclusions flowing from the memoranda, depositions and internal deliberations have formed the Committee's recommendations and are set out in detail at the end of each Chapter. This last section of each Chapter tries to argue and states the persuasive details behind each conclusion. All these end sections from each Chapter have been aggregated and reproduced in the last Chapter, Chapter 17, providing a useful and elaborate summary. All dissent notes have been appended.
(DR. ABHISHEK MANU SINGHVI)
CHAIRMAN,
COMMITTEE ON PERSONNEL, PUBLIC
GRIEVANCES, LAW AND JUSTICE
December 7 , 2011.
New Delhi.
** In fact, Kautilya in Arthasastra, has given a detailed list, referring to not less than forty ways of embezzlement that the treasury officers in his time were
used to practice. The most common of them were pratibandha or obstruction, prayoga or loan, vyavahara or trading, avastara or fabrication of accounts, pariahapana
or causing less revenue and thereby affecting the treasury, upabhoga or embezzling funds for self enjoyment, and apahara or defalcation.
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