Among the innumerable solutions proposed to combat corruption and maladministration in India was the institution of the Lokpal. Its story began around 1963 and continued through the heady days of the Anna Hazare campaign to produce a flawed result passed by Parliament in 2013.
But what is the Lokpal? Like so many concepts of governance, it is an institution to root out maladministration and corruption. Bureaucrats hated it and sought to wriggle out of its jurisdiction. Politicians had no choice but to broadly accept it, but were wary of its implications for ministers and legislators. Political parties saw in it an opportunity to examine the past five years of the previous past regimes as an incidence of ‘regime revenge’.
The Lokpal Idea, 1963-2010, critically examines debates, documents, ideas, and material to show how the idea of Lokpal was moulded and remoulded to suit politicians and civil servants and others, and asks: Are remedial institutions like the Lokpal the real answer? Can the Lokpal be seen as an artefact of governance, or is it a mere plaything in the hands of ruling dispensations?
Rajeev Dhavan is a Senior Advocate practising in the Supreme Court of India. As a lawyer-academic, he has written extensively on the Constitution, governance and public affairs For his website, see www. rajeevdhavan.com
List of Abbreviations Preface Acknowledgements
PART I INTRODUCTION
Chapter I: Why Lokpal?
Chapter II: Khundak, the Felicific Calculus and the Lokpal
The Parens Patriae
The Felicific Calculus and the systemic inversion of power
Lack of people’s power: Finding solutions
Happiness and Khundak
India’s Variant: The Lokpal
The Indian Lokpal: Whether and When?
PART II CORRUPTION IN INDIA
Chapter III: Intimations of Corruption in India
Chapter IV: Corruption Legislation in India
Prevention of Corruption
Prevention of Corruption Act, 1947
Parliamentary Debate of 1952: Legal Tweaking
Framing the new Act of 1988: A diversion
The Prevention of Corruption Act 1988
The Vigilance Angle
Santhanam Committee and the Central Vigilance Commission
Central Vigilance Bill (137) of 1999
Report of the Joint Committee on the CVC Bill 1999
Parliamentary discussions on the CVC Bill of 1999
CVC Act 2003
Vohra Committee
The Vohra Report on Corruption
Parliamentary discussions on the Vohra Report
Finding legal answers: SC on the Vohra Report
PART III GOVERNMENT LOKPAL LEGISLATIONS (1963–2010)
Chapter V: Why Lokpal?
The (L. M.) Singhvi Interlude (1963-66)
Lokayukta Resolution (1964)
ARC Report (1966)
LS debates ARC Report (1966)
Chapter VI: Lokpal Bills (1967–71)
P. K. Deo’s Bill (1967)
Parliamentary discussion on P. K. Deo’s Bill
Lokpal and Lokayuktas Bill (1968)
Report of the Joint Committee, 1968–69
Parliamentary Debate on JDC (1969)
The Lokpal and Lokayuktas Bill, 1971
Chapter VII: Lokpal Bills (1977–96): Regime-Revenge models
The Lokpal Bill of 1977
Parliamentary debate on JC (1977)
Joint Committee Report on the Lokpal Bill and debates (1977)
The Lokpal Bill of 1985
Parliamentary Motion on Lokpal Bill (1985)
Joint Committee Report on Lokpal Bill (1985)
The Lokpal Bill (1989)
Towards the Resolution of 1995
The Resolution of 1995
Introduction of the Lokpal Bill (1996)
The Lokpal Bill (1996)
Standing Committee report on the Lokpal Bill (1996)
Chapter VIII: Lokpal Bills (1998–2001): Political Corruption Models
The Lokpal Bill of 1998
Standing Committee Report on the Lokpal Bill (1998)
The Lokpal Bill (2001)
Standing Committee Report on the Lokpal Bill (2001)
Chapter IX: The Lost Years: 2001–10
The NCRWC and the Lokpal
Second Administrative Reforms Commission (the Moily Panel)
The Lokayukta Experience
PART IV CONCLUSION
Chapter X: Past Tense, Future Problems
Index