Monday, April 18, 2011

Do we need a Lok Pal bill?

Scene of protest: Tahrir Square, Cairo. Many have likened the Jantar Mantar gathering
surrounding a fasting septuagenarian Gandhian with the Egyptian uprising

Did we just have a revolution? Well, if we did, it certainly didn't quite have the effect it brought about elsewhere. The ruling dispensation that is engaged in massive scale Economic Terrorism (scam is too mild a term for what we have here) continues to rule the country.

Sandwiched conveniently between the World Cup and the IPL, the "revolution" brought all sorts of people out from the woodwork. Pretty soon, Anna Hazare was seen sharing the dais with a motley crowd of career activists, human rights types, various political entities, wheeler dealers, curious media personnel trying to get a slice of the action and even some Maoists.


Now, let's consider for a moment what we are really asking for. Frankly, the Lok Pal concept is fairly overrated. The wikipedia entry clearly suggests an ombudsman system is neither essential nor sufficient for a corruption free society. One can't just jump at every novelty item every other country has. For a good analysis of what this Lok Pal bill controversy is about, look no further than two stellar post by Reality Check: (1) Jan Lok Pal, (2) Lok Pal - report generator or jail sender?

As a matter of fact, the group that is pushing this Lok Pal bill simply does not have a good track record at drafting good legislations. Good intentions do not result in good laws. The RTI Act is a case in point. The act has led to disappearance of all info from public domain ("need to know") and given rise to a new breed of activists. Having passed the law, the Govt abrogates itself of all responsibilities of making info publicly available. So, keep filing RTI petitions hombres, and keep in mind, such laws actually prevent the weak (such as a person with no access to a powerful RTI lobby) from getting access.

Some clauses in the original proposed draft such as having the two most recent Magsaysay awardees in the selection committee came across as awfully self-serving. This clause has been subsequently removed. On the other hand, the Govt draft mandates jail time for false complaints - a definite red flag.

Any chance of a good bill is further dimmed by the fact that Kapil "Zero Loss" Sibal is on the drafting committee. So is former Enron lawyer Harvard Chidu, whose name is mysteriously missing from the CBI 2G charge sheet. Noted wheeler dealers Moily and Pranab Mukherjee are also on the drafting committee.

The need of the hour is justice for the deprived sections, whose money has been stolen by a ruthless mafia type ruling faction. The drama about this bogus bill shifts focus away from the central issue.

A central omnipotent Lok Pal has some significant shortcomings. First of all, it will lead to legitimization of our central planning tendencies. India is a very large and complex economy now, it is absurd to expect an 11 member body to be able to handle all its scams. This is where most of the bill's designers are being terribly short-sighted. The bill simply does not address prioritization.

Finally, the bill is probably dead on arrival anyway for the same reason the women's reservation bill died. There are already clamors for representation for special classes. Pushed to its logical limit, this will eventually morph into a collective desire for the Lok Pal to yield the same outcome as the political process - why not just have an election then?

5 comments:

Ndtvexpress said...

I need lok pal bill







http://www.ndtvexpress.com

Anonymous said...

@ your tweet

"Wow! communal harmony! RT @VishweshwarBhat: Today's Top Photos: http://is.gd/nirNyC"

Actually, Sai Baba of Shirdi is widely revered by BOTH Hindus and Muslims as a saint. Satya Sai Baba was considered by many as the reincarnation of Sai Baba of Shirdi. Hence the picture... I am sure he had many Muslim followers as well.

PS - Don't use twitter but thought you might like to know this - in case you don't already :)

Seema said...

what we do need is criminals to be debarred from elections.. otherwise prepare for situations like this http://www.wahsarkar.com/?p=329
no laws in India to stop Abu Salem from contesting elections..

Unknown said...

we must need lokpal bill to be enacted so as to do more severe provisions to combat corruption played at the ministrial level.

Vipul said...

Dear..
Well lot of question that you raised..Janlokpal is not any solution..but you too did not give a single solution to the core issue.
I recommend you or request you to please read The book 'SWARAJ' written by Arvind Kejriwal..no no dont get biased..just read it..its not a book..its documentation of thought..Every point you raised including the biggest one like central planning tendencies as a root of problem..he too shared your thought..its easy too raised an objection and pointing to a problem..its hell difficult to give a solution