Arvind Kejriwal, activist.
NOTED right to information (RTI) activist and Magsaysay Award winner Arvind Kejriwal, along with Prashant Bhushan and Justice Santosh Hegde, is the author of the Jan Lokpal Bill. Kejriwal is confident that the final Lokpal Bill will be passed in the monsoon session of Parliament although 10 previous attempts to pass such a Bill had failed. The 10-member drafting committee would start drafting the Bill from April 16, he said. “We will not let go, the pressure will be kept up. Since Anna Hazare is himself a member of the drafting committee, we are confident this time we are going to see this Bill become an Act,” he said. Allaying fears about the Lokpal becoming a too powerful, larger-than-life institution, he asserted, “We can assure you that the Lokpal will not be a supercop.”
Excerpts from an interview he gave Frontline:
This Lokpal Bill has been pending for the past 42 years. The government has promised to include civil society activists in the drafting process, but what makes you think it will be passed this time, especially since so many futile attempts were made previously?
The difference this time is in the form of public support. The entire world has seen how people came out to support our demand, and it is this popular support that is making us optimistic this time. Besides, we have full faith in Anna Hazare's leadership. If he has succeeded this far, we are sure he will ensure that the Bill is passed as well. Moreover, he has already announced he will come back to the agitation if the politicians try to obstruct the passage of this Bill.
But as per the provisions in the Jan Lokpal Bill, the institution of Lokpal will have sweeping powers of investigating, prosecuting and punishing politicians, judges and officials. Where is the guarantee that these powers will not be misused? What checks and balances have you [the leaders of the movement] proposed?
The Jan Lokpal Bill is not the final Bill. The final Bill is still to be drafted, and we welcome all suggestions in this connection. If you have any suggestion you can forward it to us. As for misuse of powers, we will ensure that the rule of law is not by-passed. It is a misnomer to say that the Lokpal will have sweeping powers. We will ensure that the Lokpal is not a supercop. All we are proposing is insulating the office of the Lokpal from political pressure and merging the job of the Central Vigilance Commissioner and that of the anti-corruption wing of the Central Bureau of Investigation into the Lokpal. Besides, since the Bill has to go through all the required processes, including scrutiny by parliamentary committees, and also has to pass the legal and constitutional test, you can rest assured that it will be something within the existing democratic framework. It will only work to facilitate the implementation of the Prevention of Corruption Act more effectively.
The euphoria generated by the inclusion of civil society representatives in the drafting committee gives the impression that this is going to be the panacea for all ills plaguing our polity. Don't you think the hype and expectations that have come to be associated with the issue of the Lokpal Bill are bound to lead to frustration if it is not passed? If that happens, what will be the next course?
This by no means is the panacea for all ills. This is just the beginning. Corruption has become so widespread that it is eating into the functioning of the entire system of governance. Once we can start tackling corruption effectively, then many of our problems can be solved, and for this we need to plug the deficiencies in law. The office of the Lokpal is meant precisely for this purpose. With the Right to Information Act, we ensured that the corrupt came to light, and with the Lokpal we are trying to ensure that the corrupt are held accountable, investigated and prosecuted, all within a time frame of two years. But there are other systemic reforms that are called for, like electoral reforms and complete decentralisation of power up to the gram sabha level. We are, however, confident that with the creation of the office of the Lokpal, 90 per cent of the corruption can be handled.
What about the checks to ensure the Lokpal does not become anarchic?
Once there is complete transparency in the functioning of the Lokpal, this problem can be handled. There will be complete transparency on how the members of this body are appointed, how they function and how they investigate, so there is no scope for anarchy.
Purnima S. Tripathi
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