[Political parties are hardly ever consulted at the drafting stage of a Bill. The Bill as finalised by the Cabinet is tabled in the parliament and the MPs (from different parties) deliberate and decide. At times, after tabling, the Bill is sent to the concerned Standing Committee of the parliament. The Standing Committee then may or may not seek wider public opinion. From the Standing Committee the Bill with its * recommendations* goes back to the Cabinet for finalisation and then back again to the parliament for adoption, with or without amendments, or rejection.
This time, under special circumstances, the GoI has asked for responses from select political parties midway. And the opposition parties have found it expedient to dodge.] http://www.indianexpress.com/news/opp-you-kept-us-out-prepare-draft-first/800157/0 <http://www.indianexpress.com/news/opp-you-kept-us-out-prepare-draft-first/800157/0> Opp: You kept us out, prepare draft first *Express news service* Posted online: Tue Jun 07 2011, 00:03 hrs ***BJP: Parliamentarians are decision makers and not suggestion givers* Dear Shri Mukherjee, I am in receipt of your letter dated 31st May, 2011 seeking our views on six issues preferably by 6th June, 2011. The Bill for setting up of the institution of Lokpal to curb corruption in high places is an important landmark proposal. The BJP is committed to the creation of an independent Lokpal. In the process of drafting of the Bill by a joint drafting committee comprising of Government ministers and Civil Society representatives there appears to be a divergence of opinion. At no stage has the government thought it necessary to consult either the BJP or any other political party in regard to several issues involved in the context of setting up of an independent Lokpal. The questions on which you have sought our views indicate that these are issues on which there is divergence of opinion between the Government ministers and Civil Society representatives. You will appreciate that in our governance model the Constitution is supreme. Sovereignty lies with the Indian Parliament in the matter of legislation. Therefore, views of various interested groups have to placed before Parliament or political parties which are represented in Parliament through their members so that the parties and eventually the Parliament can take a final view in the matter. However, though not having felt the necessity of ever involving political parties, particularly those in Opposition in this entire debate, you have now considered it expedient that they must give their views in a period of less than one week on issues of divergence between the Ministers and Civil Society representatives. Propriety demands that various stakeholders and interested groups give their opinions to parties, MPs and eventually to Parliament so that they can be factored when we formulate our stand on the Bill. Expecting political parties to give their views to a drafting Committee comprising of Civil Society representatives for acceptance or otherwise would be upsetting the constitutional propriety where parties, parliamentarians and the Parliament have the last word. They are the decision makers and not suggestion givers. It would therefore be appropriate that when you prepare the final draft legislative proposal in relation to Lokpal, you can consult us before it is introduced in Parliament for our suggestions. In case there is divergence of opinion between members of the drafting committee, the final proposals carrying both view points can be sent to us for our views at that stage. It would not be proper for parties and parliamentarians to start submitting their opinions to others for acceptance or rejection. Yours, Nitin Gadkari National President, Bharatiya Janata Party *CPI(M): We can give our views after government prepares a draft of Lokpal legislation* Dear Shri Pranab Mukherjee, This is with reference to your letter regarding the setting up of a Lokpal to curb corruption at high places. Our Party has definite views on the nature and scope of the Lokpal authority to be set-up. The issues that need to be considered are not necessarily confined to the six questions which you have posed to be answered in yes or no terms. Therefore, we suggest that the Government prepare a draft of the Lokpal legislation on which we will be able to give our views. You can seek our views before it is presented to Parliament. If that is not possible, then we shall certainly express our views on the draft through the Parliamentary procedures. With regards, Yours sincerely , Prakash Karat General Secretary, CPI(M) *CPI: This is a very casual way of inquiring from us on such an important matter* Dear Shri Pranab Babu, Received your letter. You want our Party, and also other Parties to give our views on certain matters raised by you regarding the Jan Lokpal Bill latest by 6th June 2011, because as you say, “The Joint Drafting Committee has been given a mandate to complete its work latest by 30th June 2011”. We are not aware who gave the ‘Mandate’ to the Joint Drafting Committee. At no stage were the Political Parties involved or ever consulted during the entire process of constituting the Joint Drafting Committee. They were deliberately ignored. We do not see how at this stage we, as a Political Party, are called upon to reply to certain matters, that came up during discussions within the Joint Drafting Committee, to which we have had no access or knowledge. Answers are sought by you to some issues in ‘yes’ or ‘no’ as in an objective test. We think this is a very casual way of inquiring from us on such an urgent, sensitive and important matter. Needless to say we are very keen about an effective Lokpal Bill. We insist that such a Draft should be brought in the forthcoming Monsoon Session of Parliament. There can be no further delay. We as a Political Party will most certainly state our views and suggestions during the discussion on the Bill within the Parliament, and also say and write about them whenever we find it necessary. With regards, AB Bardhan General Secretary, CPI -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send an email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB.
