Telecom
and HRD minister Kapil Sibal said, “We are not saying the law, if
enacted by Parliament, would be a must for the states. The model law as
incorporated in the Lokpal and Lokayuktas Bill is an enabling
legislation for the state legislatures to adopt in its entirety or such
of those provisions which they consider appropriate to adopt.”
NEW DELHI: The UPA government on Friday said the Lokpal and Lokayuktas Bill 2011 was brought under Article 253 of the Constitution to fulfill India's international obligation arising from ratification of United Nations Convention Against Corruption (UNCAC).
By introducing the bill in Parliament, the UPA government has not breached the federal concept of governance nor has it intruded into the legislative domain of the states, telecom and HRD minister and legal eagle Kapil Sibal said.
Article 253, which figures in Chapter XI of the Constitution dealing with the sensitive issue of Centre-State relations, provides that nothing in the chapter would prevent Parliament "to make law for the whole country or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body".
India signed the UNCAC in 2005 and ratified it six years later on May 12 this year. The convention is already signed by 140 countries.
Sibal said, "We are not saying the law, if enacted by Parliament, would be a must for the states. The model law as incorporated in the Lokpal and Lokayuktas Bill is an enabling legislation for the state legislatures to adopt in its entirety or such of those provisions which they consider appropriate to adopt."
He referred to Section 64 of the bill and said the states have been given the option of bringing into force the Lokayukta from a date which they consider appropriate. "The states which already have Lokayukta Act may consider adopting better provisions of the central legislation," he said.
Though Article 253 empowered the Union government to bring in a bill to meet its commitments made in an international forum, the government sensed a misplaced yet immitigable outrage over the perceived attempt by the Centre to impose its law on the states in breach of federal system of governance and attempted to clarify the misgivings.
Sibal's clarification about the constitutional provision under which the bill was introduced in Parliament counters leader of opposition in Lok Sabha Sushma Swaraj's understanding that the bill -- with provisions on Lokayukta - should have been drafted under Article 252 as it deals with public services that are the exclusive domain of state legislatures.
Article 252 says Parliament can legislate on a subject exclusively within the domain of states only after request for such a legislation was passed by two state legislatures. This law would be applicable to other states only if their legislature desired to adopt it.
Sibal may be optimistic of convincing the House on the legality of the bill but the UPA constituents' view on the Lokayukta part of the bill somewhat converges with the stand of the opposing parties. Government circles fear that this may result in scrapping that part of the bill which provides for establishment of Lokayuktas in states.
Once the Lokayukta part of the bill is scrapped, the proposed legislation would deal with only central government employees creating an imbalance in the enforcement of anti-corruption law as the employees under state governments would not be placed under the scrutiny of an anti-corruption prosecuting body
By introducing the bill in Parliament, the UPA government has not breached the federal concept of governance nor has it intruded into the legislative domain of the states, telecom and HRD minister and legal eagle Kapil Sibal said.
Article 253, which figures in Chapter XI of the Constitution dealing with the sensitive issue of Centre-State relations, provides that nothing in the chapter would prevent Parliament "to make law for the whole country or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body".
India signed the UNCAC in 2005 and ratified it six years later on May 12 this year. The convention is already signed by 140 countries.
Sibal said, "We are not saying the law, if enacted by Parliament, would be a must for the states. The model law as incorporated in the Lokpal and Lokayuktas Bill is an enabling legislation for the state legislatures to adopt in its entirety or such of those provisions which they consider appropriate to adopt."
He referred to Section 64 of the bill and said the states have been given the option of bringing into force the Lokayukta from a date which they consider appropriate. "The states which already have Lokayukta Act may consider adopting better provisions of the central legislation," he said.
Though Article 253 empowered the Union government to bring in a bill to meet its commitments made in an international forum, the government sensed a misplaced yet immitigable outrage over the perceived attempt by the Centre to impose its law on the states in breach of federal system of governance and attempted to clarify the misgivings.
Sibal's clarification about the constitutional provision under which the bill was introduced in Parliament counters leader of opposition in Lok Sabha Sushma Swaraj's understanding that the bill -- with provisions on Lokayukta - should have been drafted under Article 252 as it deals with public services that are the exclusive domain of state legislatures.
Article 252 says Parliament can legislate on a subject exclusively within the domain of states only after request for such a legislation was passed by two state legislatures. This law would be applicable to other states only if their legislature desired to adopt it.
Sibal may be optimistic of convincing the House on the legality of the bill but the UPA constituents' view on the Lokayukta part of the bill somewhat converges with the stand of the opposing parties. Government circles fear that this may result in scrapping that part of the bill which provides for establishment of Lokayuktas in states.
Once the Lokayukta part of the bill is scrapped, the proposed legislation would deal with only central government employees creating an imbalance in the enforcement of anti-corruption law as the employees under state governments would not be placed under the scrutiny of an anti-corruption prosecuting body
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