Author: Vinita Deshmukh
Publication: Moneylife.in
Date: August 30, 2011
URL: http://www.moneylife.in/article/santosh-hegde-in-sept-2010-parliament-cleared-17-bills-in-12-minutes-one-of-them-was-to-dilute-the-prevention-of-corruption-act/19340.html
The former SC judge says Team Anna had no
intention of taking the government head-on over the Lokpal issue, but it was
compelled to do so because of its stubborn claim of 'parliamentary supremacy'.
Justice Hegde who was a key member of the joint drafting committee, has urged
people to continue the fight for the proper use of the country's wealth and
resources
For some reason the three sections of the
Prevention of Corruption Act which Parliament was set to dilute in terms of
going soft on prosecution of government officers, who indulged in corruption
and illegal commercial transactions, did not go to the Rajya Sabha. Otherwise,
this amendment (along with the 17 bills that were passed in 12 minutes on
a single day in September 2010), would have showed that the political class
sitting in Parliament, which pompously boasts about 'parliamentary supremacy',
was not interested in removing corruption, but was in fact keen to condone
it, says Santosh Hegde, member of the joint drafting committee of the Lokpal
Bill.
Justice Hegde made these remarks during a
public lecture he delivered at the Nehru Memorial Hall in Pune on Monday,
at the invitation of the chartered accountants fraternity, a day after Anna
Hazare broke his 13-day fast for a strong anti-corruption law.
He referred to a report of the Comptroller
and Auditor General of India, saying, "According to the 2008-09 CAG report,
in one single year Rs54,000 crore, which was to be spent on eight rural development
schemes like midday meal, water supply and so on, are not accounted for. Where
has the money been siphoned off that would have enhanced the quality of life
of thousands of villages? Isn't it time to bring in a strong legislation against
such large-scale corruption?''Mr Hegde asked.
The former judge of the Supreme Court also
made a pointed reference to the Reliance KG Basin oil deal as likely to become
larger than the 2G scam, to make a strong legislation against corruption the
topmost priority.
He said, "The first administrative reforms
were made in 1962, when Pandit Jawaharlal Nehru was prime minister. Only 14
years after Independence, the need was felt to control decay in the administration.
We chose the Scandinavian system of having an ombudsman and it was at that
time that it was recommended to have an institution called the Lokpal at the
centre and Lokayukta at the state level. But the proposal gathered dust, until
in 1984, Ramkrishna Hegde became chief minister of Karnataka and promised
value-based governance, and he fulfilled the promise by instituting the Lokayukta
at the state level and it became an Act in 1986. However, the government at
the centre slept over the issue for 48 years.''
In the context of the scams that were busted in 2010, Justice Hegde said,
"Some members in civil society decided to draft a bill and have a discussion
with the government. However, the government was unwilling. Anna Hazare sent
a letter in February 2011, but there was no reply. It is only when he began
his fast in April that the law ministry said the letter sent to the prime
minister was misplaced and that we should send another copy. On the third
day, an emissary was sent, but Anna insisted that a notification be issued
and thus was born the joint drafting committee.''
Justice Hegde, who completed his term as
Lokayukta of Karnataka earlier this month, mentioned how all the nine meetings
of the joint drafting committee for a strong Lokpal Bill failed, as the government
representatives on the committee said a singular "no" or "keep
it in brackets" (meaning, "we will see"). Due to this stubborn
attitude of the government to stall a strong legislation, that Anna Hazare
was compelled to go on a fast a second time. Thereafter, Justice Hegde said,
some government representatives even started questioning the credibility of
Team Anna, with statements like 'Who are you-the unelectable and the unelected-to
tell us how to have a law?' Look at the audacity of these parliamentarians
who have changed the meaning of democracy, which in the right essence is by
the people, for the people and of the people!''
Urging the people to undertake a mass education
campaign on the Jan Lokpal Bill, Justice Hegde said people should not forget
the humiliation meted out to the people of India by politicians, and if they
meet any of them they should ask them, "Do you know who I am? I am a
citizen of India and so I hold the highest office."
Justice Hegde concluded by saying that he
felt nostalgic when Anna broke his fast on 28th August. "I was seven
years old when my parents took me to a public ground when India attained freedom
on 15 August 1947. I felt the same sense of pride and patriotism when Anna
broke his fast.''
Asked about his disagreement with Team Anna
over Mr Hazare's fast, Justice Hegde said, "I was worried about Anna's
health".
