[As this institution of Lokapal is, by its very design, going to be largely personality driven, ensuring non-partisan selection of a credible candidate is so very crucial. Otherwise it'll obviously turn into a tool of crucifying the political opponents and such other inconvenient elements. That's precisely why the process of selection has got to be non-partisan and also seen to be so. Given the fact that the incumbent CJI is at the centre of a controversy made public by his next four senior-most colleagues raising serious issues as regards his professional conduct, the planful exclusion of the largest opposition party from the selection process is all the more ominous.
I. <<“A perusal simplicitor of the Lok Pal Act, 2013; its intent and objective reflects that Leader ‘of Opposition’ cannot be substituted as a Special Invitee’. It is a matter of surprise that your government is choosing to adopt this route as a mere paper formality rather than seek any meaningful and constructive participation,” Kharge said in the letter. ... “The Select Committee of Parliament had put its seal of approval on the amending bill, yet the government has failed to introduce and pass it. This amending bill continues to languish in cold storage for want to appropriate intent, commitment and objectivity on part of the government,” Kharge said in the letter. ... “At the outset, let me state on behalf of myself, my party and the entire opposition that the ‘Special Invitee Invitation’ is a concerted effort to exclude the independent voice of the opposition altogether from the selection process of the most important anti-corruption watchdog,” Kharge wrote in the letter to Modi. “If your government is, indeed serious about ensuring that the Lokpal is appointed with sanctity it deserves, I would suggest that you bring in an ordinance in shape of the amending bill that is annexed herewith and place the same before Parliament as it reopens in March, 2018,” Kharge said in the letter along with a copy of The Lokpal and Lokayuktas and Other Related Laws (Amendment) Bill, 2014.>> (Excerpted from sl. no. I. below.) (Also relevant: <<"My mere presence as special invitee without rights of participation, recording of my opinion and voting would be a mere eyewash ostensibly aimed at showcasing the participation of the opposition in the selection process," he says, calling the 'Special Invitee Invitation' a concerted effort to exclude the opposition from the selection process.>> at < https://www.ndtv.com/india-news/upset-congress-to-skip-lokpal-meet-urges-stateman-like-conduct-from-pm-narendra-modi-1818452 >.) II. <<More than anything, that a selection committee can be constituted without any Opposition voices highlights the dangers of a Lokpal. The body is invested with significant powers. Fighting corruption is a noble intention – however, as needs bear repetition, that is exactly the substance with which the road to hell is constructed. ... The intention of removing corruption is laudable – but that cannot be an excuse for getting rid of the checks and balances of democracy. The Lokpal is a dangerously undemocratic body that would, when constituted, have significant powers, without Parliamentary or judicial checks. That the present government can further squeeze the selection committee to even exclude the largest Opposition party is a pointer to how risky the setting up of such a body could be.>> (Excerpted from sl. no. II. below.)] I/II. http://www.livemint.com/Politics/exnb994u2cVbGalhPUsmmO/Mallikarjun-Kharge-to-attend-Lokpal-selection-panel-meet-as.html Furious over ‘special invitee’ tag, Mallikarjun Kharge boycotts Lokpal meet In a letter to PM Narendra Modi, Mallikarjun Kharge said that a special invitee invitation is a ‘concerted effort’ to exclude the voice of the opposition in Lokpal selection Last Published: Fri, Mar 02 2018. 06 25 AM IST Anuja Mallikarjun Kharge, leader of the Congress party in Lok Sabha. Photo: HT New Delhi: Mallikarjun Kharge, leader of the Congress party in Lok Sabha on Thursday boycotted a meeting of the committee that will select an anti-corruption ombudsman, or Lokpal, in protest against being asked to attend as a “special invitee”. The selection committee is supposed to have the Prime Minister, Chief Justice of India, Lok Sabha Speaker, the opposition leader and an eminent jurist. Though Kharge leads the Lok Sabha’s largest opposition party, he is not the designated leader of the opposition since his party falls short of the minimum number required to claim that post. In a strongly worded letter to the Prime Minister, Kharge said he “respectfully denied” the invite as the process was being reduced to “political pretence”. Kharge charged that there was a concerted effort by the Union government to exclude the independent voice of the opposition from the Lokpal selection process. “A perusal simplicitor of the Lok Pal Act, 2013; its intent and objective reflects that Leader ‘of Opposition’ cannot be substituted as a Special Invitee’. It is a matter of surprise that your government is choosing to adopt this route as a mere paper formality rather than seek any meaningful and constructive participation,” Kharge said in the letter. The Lokpal and Lokayuktas Act was passed in 2013 to constitute a statutory body to inquire into allegations of corruption against public functionaries. “The Select Committee of Parliament had put its seal of approval on the amending bill, yet the government has failed to introduce and pass it. This amending bill continues to languish in cold storage for want to appropriate intent, commitment and objectivity on part of the government,” Kharge said in the letter. A party that lays claim to the leader of opposition post in Lok Sabha must have at least 10% of its 545 seats. Congress, which won 44 seats in the 2014 general election, currently has 48 seats. The meeting of the selection panel took place on Thursday evening at the official residence of the Prime Minister. “At the outset, let me state on behalf of myself, my party and the entire opposition that the ‘Special Invitee Invitation’ is a concerted effort to exclude the independent voice of the opposition altogether from the selection process of the most important anti-corruption watchdog,” Kharge wrote in the letter to Modi. “If your government is, indeed serious about ensuring that the Lokpal is appointed with sanctity it deserves, I would suggest that you bring in an ordinance in shape of the amending bill that is annexed herewith and place the same before Parliament as it reopens in March, 2018,” Kharge said in the letter along with a copy of The Lokpal and Lokayuktas and Other Related Laws (Amendment) Bill, 2014. At a hearing in the Supreme Court last week, a bench headed by justice Ranjan Gogoi asked the secretary of department of personnel and training (DoPT) to file an affidavit by 5 March indicating the steps being taken to appoint a Lokpal. First Published: Thu, Mar 01 2018. 01 55 PM IST II. https://scroll.in/article/870525/the-daily-fix-lokpal-is-a-dubious-idea-to-begin-with-excluding-opposition-will-make-it-more-so Lokpal is a dubious idea to begin with – excluding Opposition will make it more so Everything you need to know for the day (and a little more). Sajjad Hussain/AFP 6 hours ago Shoaib Daniyal The Big Story: Misplaced idealism In 2013, anti-corruption protests broke out in Delhi. The numbers of demonstators were not remarkable for India, where even an everyday rally can result in a turnout of millions. But the movement captured the imagination of the country’s voluble middle class, so national politicians could not ignore it completely. The protests resulted in India’s Parliament passing the Lokpal and Lokayuktas Act which provides for the establishment of a Lokpal at the Centre and Lokayuktas in the states – ombudsmen with both executive and judicial powers to investigate corruption. In theory, the Lokpal would have a significant amount of power, being allowed to receive and act on allegations of corruption against civil servants as well as elected politicians as well as any organisation that receives substantial foreign donations. The Lokpal is selected by a small body consisting of the Prime Minister, Speaker of Lok Sabha, the Leader of Opposition in the Lok Sabha, the Chief Justice of the Supreme Court (or a sitting Supreme Court judge nominated by him) and an eminent jurist to be nominated by the first four members of the selection committee. There has been little movement on the Lokpal since the act was passed. However, on Thursday, Leader of the Congress in the Lok Sabha Mallikarjun Kharge declined to attend the Lokpal selection committee meeting as a “special invitee”. The current Lok Sabha does not have a leader of Opposition because the Congress – the principal Opposition party – does not have enough members in the House. As a result, Kharge was not invited as a member of the selection committee but only as a “special invitee”, without voting rights. More than anything, that a selection committee can be constituted without any Opposition voices highlights the dangers of a Lokpal. The body is invested with significant powers. Fighting corruption is a noble intention – however, as needs bear repetition, that is exactly the substance with which the road to hell is constructed. The anti-corruption agenda has captured the imagination of India’s middle classes. However, there are sobering examples of how it can lead to bad governance (and, therefore, have results that maybe even worse than corruption). The partisan use of the Central Bureau of Investigation is a case in point. The party in power often uses allegations of corruption against Opposition parties to achieve blatantly political ends – so much so that the Supreme Court one called the CBI a “caged parrot”. In Pakistan, corruption charges led to the courts actually dismissing a popularly elected prime minister. It is a move that commentators see as being driven by the powerful military – a “judicial coup” given that a real one is unviable in today’s political climate. The Aam Aadmi Party that arose out of the anti-corruption protests of 2013 is now in shambles, its legislators accused last month of assaulting a bureaucrat. The noble intentions of 2013 led to little actual political change in the form of AAP. The intention of removing corruption is laudable – but that cannot be an excuse for getting rid of the checks and balances of democracy. The Lokpal is a dangerously undemocratic body that would, when constituted, have significant powers, without Parliamentary or judicial checks. That the present government can further squeeze the selection committee to even exclude the largest Opposition party is a pointer to how risky the setting up of such a body could be. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to greenyouth+unsubscr...@googlegroups.com. To post to this group, send an email to greenyouth@googlegroups.com. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
