CENTRAL DRAFT LOKPAL BILL ALSO PENDING WITH STATE GOVT
GANGTOK, 20 Nov: It is almost a year now since the Sikkim Lokayukta Bill was tabled and passed by the State Legislative Assembly, but the Bill is yet to be enacted; that is to say, it is yet to become a full fledged Act and notified for implementation. On the other hand, many states have already constituted their own Lokayuktas. On enquiry, it was learnt that the Nill (No. 21 of 2010) is pending with the union government.
In fact, it has been pending with the centre for almost a year now. It is only with the approval of the Central government that the Bill will acquire the Presidential seal for it to become a State Act.
The Sikkim Lokayuktas Bill had been forwarded to the Governor as soon as it had been passed by the Assembly; the Governor then forwarded the Bill to the union government where it has been pending with the Public Affairs Department since January this year. The Bill had been sent to the Governor on 29 December, 2010, the same day as it was passed by the Assembly.
Officials inform that as the Bill deals with subject matters which come under the Concurrent List and that the approval of the union government is thus necessary. Usually, if there are any inconsistencies noticed in a State Bill, the Centre forwards its comments and suggestions to be accommodated in the Bill. However, officials, when contacted, inform that thus far, no such comments have arrived from the Centre. In the absence of any such notings made by the Centre, it is surprising that the Bill has been kept pending for so long.
Meanwhile, the Central government is informed to have forwarded its draft Lokpal Bill to the state government for comments. The draft bill, officials inform, was forwarded some weeks ago for the state government to consider and forward with comments to the centre.
However, not only has the state government not forwarded its comments on the draft Lokpal Bill, which is today the focus of much heated and publicized debates and discussions especially with Team Anna working up a storm over it, sources inform, that the government, which has kept its comments over the draft bill pending for quite some time, will yet keep its comments “pending”. That is to say, government may not have much of an intention to oblige the centre with its comments and suggestions over the central draft.
Officials also inform that should the central government’s draft Lokpal Bill be passed by the Parliament, which is expected this Winter Session, it will supersede the State bill. In such a scenario, the State Assembly will have to again re-frame its Sikkim Lokayuktas Bill according to the provisions of the central Bill and table it in the Assembly for passing and ultimate enactment.
Cong and BJP had opposed the Sikkim Lokayukta BillThe Sikkim Lokayuktas Bill, No. 21 of 2010 was introduced in the Sikkim Assembly on 28 December, 2010 by Chief Minister Pawan Chamling. It was passed on 29 December and that same day sent to the Governor. The Bill was Asserted on 13 January, 2011, that is to say, forwarded to the central government for examination and final approval as it deals with matters which fall under the Concurrent List over which both the state and the centre have jurisdiction. Incidentally, in the event of any dispute over any issue regarding a subject under this List the central government prevails.
The Bill seeks to subscribe accountability on public authorities and check corruption by appointment of Lokayukta. The primary motive of the Bill is to take up and redress citizen’s grievances, especially those related to corruption in the functioning of public bodies or authorities including that of favouritism. The state Bill proposed that the Lokayukta be appointed by the Governor and be given the responsibility to conduct enquiry and investigations after consultations with the Chief Justice of the Sikkim High Court, the Speaker of the House and the Leader of the Opposition.
It also provided that the Lokayukta initiate enquiry on receipt of complaints and after the approval of a Minister or the Chief Secretary or Secretary.
While the bill had been passed unanimously by the Assembly both the national opposition parties in the State, the BJP and the Congress had opposed the bill with the SPCC president, Nar Bahadur Bhandari, even petitioning the Governor not to put his assent to it. A memorandum in this regard had been handed to the Governor on 14 January, 2010 by the SPCC. The claim of the SPCC was that the bill had been motivated by wrong reasons.
The BJP had contended that the bill was intended at ‘erasing’ all evidence of corruption in the government departments. Officials also opine that the opposition of the two national parties to the Sikkim Lokayukta Bill could be one reason behind the bill having been kept pending for so long by the central government.
GANGTOK, 20 Nov: It is almost a year now since the Sikkim Lokayukta Bill was tabled and passed by the State Legislative Assembly, but the Bill is yet to be enacted; that is to say, it is yet to become a full fledged Act and notified for implementation. On the other hand, many states have already constituted their own Lokayuktas. On enquiry, it was learnt that the Nill (No. 21 of 2010) is pending with the union government.
In fact, it has been pending with the centre for almost a year now. It is only with the approval of the Central government that the Bill will acquire the Presidential seal for it to become a State Act.
The Sikkim Lokayuktas Bill had been forwarded to the Governor as soon as it had been passed by the Assembly; the Governor then forwarded the Bill to the union government where it has been pending with the Public Affairs Department since January this year. The Bill had been sent to the Governor on 29 December, 2010, the same day as it was passed by the Assembly.
Officials inform that as the Bill deals with subject matters which come under the Concurrent List and that the approval of the union government is thus necessary. Usually, if there are any inconsistencies noticed in a State Bill, the Centre forwards its comments and suggestions to be accommodated in the Bill. However, officials, when contacted, inform that thus far, no such comments have arrived from the Centre. In the absence of any such notings made by the Centre, it is surprising that the Bill has been kept pending for so long.
Meanwhile, the Central government is informed to have forwarded its draft Lokpal Bill to the state government for comments. The draft bill, officials inform, was forwarded some weeks ago for the state government to consider and forward with comments to the centre.
However, not only has the state government not forwarded its comments on the draft Lokpal Bill, which is today the focus of much heated and publicized debates and discussions especially with Team Anna working up a storm over it, sources inform, that the government, which has kept its comments over the draft bill pending for quite some time, will yet keep its comments “pending”. That is to say, government may not have much of an intention to oblige the centre with its comments and suggestions over the central draft.
Officials also inform that should the central government’s draft Lokpal Bill be passed by the Parliament, which is expected this Winter Session, it will supersede the State bill. In such a scenario, the State Assembly will have to again re-frame its Sikkim Lokayuktas Bill according to the provisions of the central Bill and table it in the Assembly for passing and ultimate enactment.
Cong and BJP had opposed the Sikkim Lokayukta BillThe Sikkim Lokayuktas Bill, No. 21 of 2010 was introduced in the Sikkim Assembly on 28 December, 2010 by Chief Minister Pawan Chamling. It was passed on 29 December and that same day sent to the Governor. The Bill was Asserted on 13 January, 2011, that is to say, forwarded to the central government for examination and final approval as it deals with matters which fall under the Concurrent List over which both the state and the centre have jurisdiction. Incidentally, in the event of any dispute over any issue regarding a subject under this List the central government prevails.
The Bill seeks to subscribe accountability on public authorities and check corruption by appointment of Lokayukta. The primary motive of the Bill is to take up and redress citizen’s grievances, especially those related to corruption in the functioning of public bodies or authorities including that of favouritism. The state Bill proposed that the Lokayukta be appointed by the Governor and be given the responsibility to conduct enquiry and investigations after consultations with the Chief Justice of the Sikkim High Court, the Speaker of the House and the Leader of the Opposition.
It also provided that the Lokayukta initiate enquiry on receipt of complaints and after the approval of a Minister or the Chief Secretary or Secretary.
While the bill had been passed unanimously by the Assembly both the national opposition parties in the State, the BJP and the Congress had opposed the bill with the SPCC president, Nar Bahadur Bhandari, even petitioning the Governor not to put his assent to it. A memorandum in this regard had been handed to the Governor on 14 January, 2010 by the SPCC. The claim of the SPCC was that the bill had been motivated by wrong reasons.
The BJP had contended that the bill was intended at ‘erasing’ all evidence of corruption in the government departments. Officials also opine that the opposition of the two national parties to the Sikkim Lokayukta Bill could be one reason behind the bill having been kept pending for so long by the central government.
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