About the Lokpal bill

There is quite a noise out there in the country regarding the Lokpal bill. To begin with that the Lokpal Bill will end corruption....no one ever seems to need to tell us how that will happen. There is also this funny email that is in circulation which says that if 25 crore Indians call a certain number 022 6155 0789 and register, then the Government of India will enact the Lokpal bill.

There is a need to understand this a little better. This post seeks to:

1. Understand the process of legislation in our country

2. Limitations of any law

3. Limitations, specifically of the Lokpal bill

4. Why are we a corrupt country

5. What should we be doing

Our country is run on the basis of the Constitution of India which is our supreme Bhagavad Gita, Bible and the Koran (let us be secular!). Any law that violates the basic structure of the Constitution of India will be struck down as unconstitutional. This is as per the principles established in the Keshavananda Bharti case by the Supreme Court of India. The simple fact is that if the Parliament of India enacts any law which is unconstitutional, then the Supreme Court of India can strike it down. This is how checks and balances are built into the system. To understand the concept of the basic structure of the constitution, refer http://en.wikipedia.org/wiki/Basic_structure

The Constitution clearly lays out how laws are to be framed. The subjects on which legislation can be enacted are put in three lists - the Central list, the State list and the Concurrent list. Depending on the kind of legislation, either one house (at the centre or at the state) or both houses have to pass the legislation. Again, depending on the kind of legislation, the majority required is specified. Post this, the Governor of the State or the President of India have to agree to the legislation. In the case of some legislation, all the state assemblies have to pass the bill as well as Parliament. The Goods and Services Tax bill is one such example and it is yet to be passed as there is no consensus amongst the states regarding this legislation.

The primary function of the legislature, according to the Constitution of India, is to legislate. If we want to change this and get Team Anna Hazare to function like a legislature, then we have to change the constitution of India. Secondly, if we have to force the legislature into listening to us through a fast, then this is nothing short of blackmail and is against the spirit of the Constitution of India.

In the process of legislating, there is a process by which citizens can provide their views during the process of consultation. In fact, industry bodies like the CII and FICCI have been extensively involved in economic legislation. Other independent think tanks have been involved in various legislations. In fact, newspaper opinions have been taken into account while drafting, debating and legislating. If a bill is passed by the legislature which does not take into account grievances, then there is clearly a provision to go to court to get the law declared illegal. There have been a number of decisions taken by the legislature and/or the Governor/President which has has been declared unconstitutional. For instance, in the case of the role of a Governor, what is now called the Bommai case is a landmark judgement where the Supreme Court declared the act of the then Governor of Karnataka as illegal and unconstitutional. However, the judgement came a little too late. But we are not focussing on the aspect of judicial delay in this post.

Therefore, according to the Constitution of India, there is a prescribed methodology to legislate in this country. If we want to be part of this process, then the only way is to get into the legislature. The only way to get into the legislature is to either be elected to one of the houses of parliament or be nominated to it. These are the rules of the game. Let us recognise them.

While we have every constitutional right to make our voice heard, we cannot force it. The founding fathers of the Constitution have held that approximately 750 wise men and women who can enter the Houses of Parliament have the right to legislate on behalf of the rest of the country. If we elect unwise men and women to the House of Parliament, then the problem is not with these individuals. The problems is with us.

Now, with the Lokpal Bill in specific. If any law can actually solve our problem, then the Untouchability Act should have solved the problem of untouchability long ago. It has not and it will not until and unless each one of us stop the act of untouchability. Even if one Indian practices untouchability, then the Act is of no use. He can be punished for that, but how many are caught in the act.

Similarly, if an anti corruption bill is to be a success in the country, then each and every Indian has to stop paying a bribe and receiving a bribe. At the end of the day, it is Indians who receive the bribe and pay the bribe. They are not aliens. How many of the candle-wallas out there supporting the Lokpal bill have not paid a bribe!!! How many of them engage in real estate transactions and not register properties for far less than the market value. If this is not corruption, then what is?

We should all remember the biblical story of Jesus Christ exhorting the first man who has not sinned to throw a stone at the prostitute. We know the corrupt individuals, but if we are not squeaky clean, then how can we throw the stone!!!

Finally, who will Lokpal the Lokpal? What is the guarantee that the Lokpal will not be corrupt? We have seen that questions have been raised about the Former Chief Justice of India, no less. Therefore, the Lokpal bill per se will not remove corruption.

Therefore let us pause a little. Let us think.