As the UPA government is facing clamour from all sides on the issue of corruption and creation of Lokpal, the recommendation of Constitution review commission set by the NDA government could prove handy for the government in defending its decision to insulate the PM from the purview of Lokpal. The 10-member Constitution
review commission, headed by former Chief Justice of India M.N. Venkatachalliah, in its report on the issue of Lokpal by analysing six bills drafted till 1998, had highlighted the danger of “politically motivated” attack on PM, especially in a coalition government, which could cripple the functioning of the PMO.
“Because of the extraordinary power a PM wields in a parliamentary system like ours the PM is normally the leader of the majority party in the Lok Sabha or the leader of the coalition, if a coalition forms the government. Because of his very position and power he wields, he attracts a good amount of opposition, criticism, allegations and what not...”
“If a Lokpal were to take up each and every allegation or accusation made against the Prime Minister by a political party or a group or a person, it would hobble the PM in an effective discharge of his functions,” the commission had said.
Though they “believed” that bringing the PM within the purview of the Lokpal “may be a desirable step, it is necessary at the same time to regulate and circumscribe that power (of Lokpal) because in the parliamentary form of government, the PM occupies a unique position as he is the kingpin of the entire governmental structure.”
In view of the “unique” position of the PM, the commission had suggested that if at all he was to be brought under the purview of the Lokpal, there should be foolproof protective mechanism to ensure that before taking any complaint against him, the Lokpal “shall obtain” prior written permission from the President to initiate any investigation.
In the opinion of the commission providing such a protective shield to the PM was necessary because “it is his image, his reputation and his personality that pervades the entire government. The image of the government is very often identified with the image of the Prime Minister.”
“He cannot afford to remain under a cloud all the time, nor can the nation afford a PM under cloud all the time. Probably for this reason, in some of the earlier Bills, the Prime Minister was kept out of the purview of the Lokpal,” the commission had said.
“The requirement of obtaining President’s permission would be in the nature of a check upon a routine or mechanical initiation of inquiry by the Lokpal against Prime Minister,” the commission had suggested.