The idea of lifting the Lokpal from the proposed statutory body to a constitutional one — making it like the Election Commission and the CAG — proposed by Rahul Gandhi in Parliament last week finds favour with noted constitutional experts.
After eminent jurist Fali S. Nariman who suggested it in an interview to this newspaper two months ago, and former Chief Justice of India J.S. Verma, reputed for his probity and judicial innovations, former Lok Sabha secretary-general Subhash Kashyap also endorsed the proposal.
“I am also in favour of making the Lokpal a constitutional authority that derives its powers straight from the Constitution, rather than an ordinary law,” Dr Kashyap noted in a converstion.
“For that purpose, a new article has to be inserted into the constitution”, he said.
Asked whether this would not result in further delaying the setting up of the institution of Lokpal, Dr Kashyap observed, “Not necessarily. If the government and the MPs show purpose and urgency, a constitutional amendment bill can be drafted within the same period of time as any normal law.”
To avoid any further controversy on the issue of jurisdiction with regard to the enactment of the Lokpal Bill, a senior advocate, Dr Surat Singh, said that “a constitutional amendment would be preferable to normal legislative enactment”.
“After both Houses of Parliament unanimously passed the resolutions on the three most contentious demands of Anna Hazre, this is the opportune time for the entire polity to rise to the occasion and bring a constitutional amendment which requires the approval of two-thirds majority of Parliament,” he added.
On the question of delay, he noted, “When the political class has shown a rare consensus on the three most contentious issues in referring them to the standing committee, there should be no problem as regards the amendment bill, especially when a tremendous public opinion has been built in favour of a strong Lokpal.”
“This,” he said, “would remove all legal, constitutional and practical hurdles being cited on the question of jurisdiction, and the Lokpal so established will have the powers to deal with the issues that essentially fall in the state list.”