Lokpal Bill passes, statute change fails

The Lokpal and Lokayukta Bill, 2011, was passed by the Lok Sabha by voice-vote on Tuesday but the move to grant constitutional status to the Lokpal fell through since a two-thirds majority of those present and voting could not be mustered by the government. Also, a Constitution amendment bill requires that at least 50 per cent of the total strength of the House be present.

The Whistle-blowers’ Protection Bill, 2011, which seeks to provide for setting up a regular mechanism to encourage persons to disclose information on corruption or wilful misuse of power by public servants, including ministers, was also passed by the Lok Sabha late Tuesday evening.
Reacting to the failure to have constitutional status conferred on the Lokpal, Leader of the House Pranab Mukherjee said the failure was a “sad day for democracy”. Prime Minister Manmohan Singh, too, said it was “disappointing” that the Constitution Amendment Bill had failed. However, some felt the government had managed to score a political victory as it was evident that while the government wanted to grant the Lokpal constitutional status, it was the BJP that blocked it. A two-thirds majority was not possible as supporting parties, such as the SP, BSP, and RJD, had already walked out before the amendment bill came up for voting.
That the government lacks the required numbers to see this amendment through was pointed out by Leader of the Opposition Sushma Swaraj after the results of the division were announced on Clause 2 of the Constitution Amend-ment Bill which provided for constitutional status. Consequently, all three clauses of the Constitu-tion Amendment Bill were defeated: those who voted in favour were 250 while those who voted against it numbered 180. One member abstained in a House where 431 members voted. Questions are being asked about poor floor management. The Congress will seek an explanation from the MPs who were missing during voting on the Constitution Amendment Bill.
The government had moved 10 amendments to ensure that the bill got the Lok Sabha’s nod. The bill will now be debated in the Rajya Sabha on Wednesday. The SP, BSP and RJD staged a walkout from the Lok Sabha shortly before voting on the Lokpal Bill in protest against the government bringing a “weak” legislation. The Left, BJD and AIADMK staged a walkout after the passage of the Lokpal Bill.

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