Jun 13, 2011

Arvind Kejrewal argues for PM to come under ambit of Lokpal

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'Let PM be probed by independent agency'



Dr Manmohan Singh is one of the most honest Prime Ministers that the country has had (matter of opinion given the level of corruption around his government....hear no evil, speak no evil, see no evil.....but still being polite is a good way for some to proffer their arguments effectively). It is ironical that his own government should seek to take the Prime Minister out of the purview of Lokpal's investigations.(or simple coincidence given the levels of corruption around Congress)

As of today, the Prime Minister is covered under the Prevention of Corruption Act. Under that law, any allegation of corruption against a Prime Minister can be investigated. No exception has been made for either the Prime Minister or any of his activities (like external affairs, defence etc). Every activity of the PM could be investigated under the Prevention of Corruption Act.

However, as of today, the investigations are done by the CBI, which is directly under the control of the PM himself. The only change that we are proposing in the present system is that rather than being investigated by an agency directly under his control, let the PM be investigated by an agency which is independent, like the Lokpal. We are not proposing any other change.

The five ministers, who are members of the drafting committee, unanimously feel that the PM should be kept out of Lokpal's investigations. The Constitution does not grant any such immunity to the PM. Only President has been granted immunity from any investigations and trials.

To take the PM out of Lokpal's ambit or even to take some part of his jurisdiction out of the ambit of Lokpal's investigations, the government would need to amend the Constitution and the Prevention of Corruption Act and grant him immunity similar to that of the President. Is the government planning to do that? Why? We thought we would get a better and stronger anti-corruption regime after such a strong anti-corruption movement. On the contrary, the government seems to be shrinking the scope of anti-corruption regime. Taking the PM out of any probe would be a retrograde step.

The government's stand is that a PM under the scanner would become "dysfunctional". Does the Congress really feel like that? Did Rajiv Gandhi, the then PM, become "dysfunctional" due to the Bofors probe? Or did P V Narasimha Rao become "dysfunctional" due to a probe in the Jharkhand Mukti Morcha case?

The Prime Minister is privy to a lot of security-related sensitive information. Suppose tomorrow, a corrupt person became PM. Won't the security of the country itself would be seriously compromised if Prime Minister enjoyed complete immunity from any investigations and trials?

If PM is holding several portfolios, would exclusion of the PM from Lokpal's ambit become a licence for open loot in all these ministries? And if there were a corrupt PM and if he were granted immunity, would he not become a conduit for receiving bribes on behalf of all his ministerial colleagues?

In the past, Dr Manmohan Singh had himself offered to be brought under the purview of Lokpal Bill. Then why are his own ministers opposing his inclusion in Lokpal's ambit? Is there a disconnect or communication gap within the government?

Till now PM was investigated by the CBI. Why should Prime Minister be scared of being investigated by an independent Lokpal? The government should make its stand clear.