Most people do not understand the technicalities of the Lokpal Bill issue clearly. Also there are a lot of young voters whom one would not expect to have the required knowledge of government structure and constitution to understand the Lokpal Bill and related issues. So i am writing this post to address it.
Lokpal Bill Analysis:
If a politician wants something done he orders the bureaucracy. The law is that the bureaucracy in turn can execute the order only if that order does not violate any rules.
If the order is against the constitution or rules and norms of the concerned department the bureaucracy is supposed to inform the politician about the rules. As per the system a bureaucrat cannot execute any unlawful order. The bureaucrats are the ones who are trained in and study law that is why they are responsible for any unlawful execution by the government.
Now the current Lokpal Bill passed by the Parliament has brought the Bureaucracy under the Lokpal. And the lokpal has been given sufficient powers to monitor necessary investigations.
What this means: ANY unlawful action by the government can be investigated by the Lokpal.
This is why activists like Kiran Bedi and the Anna Hazare led India Against Corruption Group have being saying that the Lokpal version that has been passed is strong enough to check corruption.
Attempts to bring the any non-executive body or person like elected representatives under Lokpal is absolutely ridiculous.
For people wondering how corrupt politicians will be sent to jail. They will come under investigation if any bureaucrat under investigation if found to have colluded with politicians in any corruption. Like A Raja was sent to jail in the 2G case. As i have already explained : no politician alone can do any corruption without help of the bureaucracy as they have no executive powers.
Elected representatives have only legislative powers which are bound by the constitution. Any legislation that they pass can be quashed by the Judiciary if it violates the Constitution. ( This is why it was said that if the Parliament tried to pass the Communal Violence Bill that was proposed by the Congress it would have been thrown out by the SC as it violated the Constitution . )
Why is it absolutely foolish to talk about elected representatives to be answerable to an extra-judicial body?
– The elected representatives only have informal contact with the public (because of no executive powers ). Their role apart from legislative functions is to interact with public, get views and feedback on issues and implement their vision using the executive bodies of the government.
Now consider this: In order to grow a plant .. the farmer first has to bury the seed.
One cannot go on asking the farmer to view the seed sown to judge its growth. It will not let the plant grow. Similarly elected representatives cannot be brought under any extra judicial body as the only power they have is to have a vision. If they are brought under any extra-judicial supervision the only use that can come of that body is for it to be used as a hindrance.
Hence any thought of bringing the elected representatives under Lokpal is absolutely moronic. And anybody promoting it is simply trying to use the public anger against past corruption to play Messiah.
Now ……. Lokpal is the primary reason that the AAP state for their existence.
Arvind Kejriwal and AAP have resigned from the Delhi government stating that Central Gov. Lokpal is a Jokepal and they needed to pass a better one as they could do nothing without their version of stronger Lokpal for Delhi.
This should tell you everything you need to know about them.
Now let us try to find out… Who all are really responsible for trying to push these draconian laws in India intended to destabilize?
AAP leadership have successfully proven to us that they are really not good in matters of law and order.. nor do they have the caliber for law/policy making.
We know that Prashant Bhushan is predominantly hate driven.. ready to sacrifice even Kashmir to satisfy his ego.We also know that Aruna Roy — a prominent member of Sonia Gandhi headed NAC has been long time mentor of Arvind Kejriwal. NAC has been the policy making body in UPA government which has made very idiotic policies and laws. It tried to push the very anti-national Communal Violence Bill , got passed the not well thought of and financially impractical Food Security Bill etc..
To get an idea of the force behind all this please go through the following:
A phd Thesis written by an Indian student at the London school of economics.
this is a post by an anonymous investigative journalist .. published on Raju Parlekars blog
Post by a respected Academic
Former RAW officer RSN Singhs expose
Ex AAP legal cell convenor and Arvind Kejriwals 7-8 year long associate alleging CIA links.