Win some; loose more : Say goodbye to the Jan Lokpal Bill

Mtoday news / CNN-IBN

New Delhi, August 28: It was not just a fast that was broken on Sunday morning at Delhi’s Ramlila Ground. Arguably, so was the intent to have Parliament pass Team Anna’s Jan Lokpal Bill.

On the face of it, Anna Hazare and his team secured a victory on Saturday by forcing both Houses of Parliament to adopt a resolution, drawn up after deliberations on various drafts of the Lokpal Bill including the one framed by his group. The resolution included specific references to the three points that Camp Anna had finally demanded: the inclusion of the lower bureaucracy in the ambit of the Lokpal; the appointment of Lokayuktas – similar to the Lokpal at the Centre – at the state level; and the incorporation of a citizens’ charter for all government offices.

As Team Anna celebrates this as the victory of the people over politicians (and, specifically elected representatives), it’s worth taking stock of what this agitation has gained and, more important, what it may have lost.

 

Team Anna had already given up on inclusion of the Prime Minister’s office and that of the higher judiciary under the Lokpal. Both were crucial elements of the divergences between the government’s Lokpal Bill and the self-styled Jan Lokpal Bill. But as it was negotiated down from Anna Hazare’s original position – pass the entire Jan Lokpal Bill by August 30 – Team Anna had to give up on these clauses.

But they’re not the only ones. There were several other clauses – many of which were criticised by other people in Civil Society – that now look to have been buried once and for all. Among these are:

1) The inclusion of the anti-corruption wing of the CBI under the Lokpal.

2) Having its own investigating wing with full powers to probe and arrest anyone.

3) The power to investigate not just corruption but also whatever is perceived as incompetence.

4) Punishment that is different in scale and scope from the laws set out in the Indian Penal Code.

5) The complete authority of the Lokpal in appointing people of his choice.

6) The legal absolution of the Lokpal and its employees in case things are done "in good faith".

Now that the final weapon of the fast has been brandished, Team Anna has nothing left to fight with. Can they now go back to the government and demand more? The debate about concentration of powers in the hands of one institution looks settled once and for all.

Team Anna now has only three demands out of all its original demands figuring in a resolution. How these demands fare once the legislative test begins needs to be seen too.

The extreme inflexibility shown by Anna Hazare, Arvind Kejriwal, Kiran Bedi, Prashant Bhushan and all the other advocates of the Jan Lokpal Bill has been instrumental in getting the Centre to include the three sticking points in the parliamentary resolution.

But this extreme posturing may spell doom for their aspirations as this is usually the last resort of coercion in a democracy.

Team Anna has used up its biggest weapon when the war is not even at a halfway stage. It is difficult to see how the Jan Lokpal Bill can ever see light of day. Do we hear a quiet chuckle from Parliament House?