Live: No Lokpal once again, Rajya Sabha adjourned sine die

11:58pm: Speaker Hamid Ansari adjourns house. Lokpal Bill eludes India one more time as both opposition and Government create a never-ending ruckus. 11:41pm:Rajya Sabha resumes post adjournment of 15 minutes. Parliamentary Affairs Minister Pawan Bansal accuses opposition for the delay. He asks the bill to be deferred. Opposition creates a ruckus. BJP’s Arun Jaitley leads the charge against government. Bansal says the government needs time to consider the 87 amendments, Jaitley accuses the government of running away. CPM’s Sitaram Yechury asks for immediate voting. 11:25pm: Continuous disruption forces speaker Hamid Ansari to adjourn the house for 15 minutes. 10:56pm: Debate on Lokpal ends amid chaos. RJD’s MP Rajneeti Prasad tears Lokpal papers in protest. V Narayanaswamy gives closing remarks to the debate. 10.05pm: Paswan asks will the Lokpal be sent by God? Should parliamentary democracy be subservient to Lokpal, he asks. He takes on Anna Hazare and calls his campaign a farce. 9: 18pm: BJP’s Chandan Mitra says all Congress PMs except Shastri have been  accused of graft. Congress responds with strong objection. 7.30pm Taking the bill to cover trusts and bodies will result in a huge workload, says Bhartiya. She suggests that the Bill not cover any non-government servants. “Nothing stops us from improving the bill at a later date,” she says, and asks the house to pass the Bill. 7.2opm Shukla finishes, asking the house to pass the bill. 7.15pm The Lokpal is strong, but we have ensured that there are checks and balances. We have ensured that no one is all-powerful and a law unto himself. 7.15pm “The Lokpal is indeed strong, Laws are not made for a government, laws are made for 100 years,”  says Shukla. 7.10pm Shukla says that all that the opposition wanted – the inclusion of the prime minister and the inclusion of C and D class government employees within the Lokpal and a Citizen’s charter outside of it has been agreed to by the government. Now that the bill includes all demands, why is the opposition looking for ways to object to the bill? 7.05pm Shukla lists the bills introduced by the UPA – judicial accountability bill, money laundering bill, and so on. Asks the BJP why they did nothing during their years in power. He says the Congress’ intention to fight corruption cannout be questioned, and that they have passed many acts  and introduced many bills in this effort. 7.00pm Rajiv Shuka begins speech. He says it is the responsibility of all to pass a strong Lokpal bill, which is not the responsibility of the government or of a single party, but of the entire house. 6.55pm Jethmalani describes the deception by the government in the context of the ratification of the UN convention and that he distrusts the government and will not support the bill ‘under any circumstances’. 6.53pm Mani Shankar Iyer objects to Jethmalani’s references to Swiss banks. Jethmalani refers to the GoI -Switzerland protocol which says that India will not ask for any information about the past, but only about the future (from the date of the protocol). Under the double taxation treaty, one is required to commit that data will be used only in the case of tax claims – which is not the case of funds deposited in Swiss banks by the corrupt, says Jethmalani. 6.50pm Jethmalani refers to a fraud achieved by the government by signing a protocol with the Swiss government on double taxation. Pandemonium again. The word ‘fraud’ is expunged by the speaker as unparliamentary. Jethmalani uses the word ‘dacoit’, which is termed unparliamentary as well. 6.45pm Speaker says the comment on ‘Indian prime minister’ does not go on record. 6.45pm: Speaker says that, in all fairness, such an allegation cannot be made without substantiation. “It’s not correct,” he says. 6.40pm: Jethmalani refers to an ‘Indian prime minister’ who was one of 14 ’thugs’ to be named by a Swiss magazine as having money in numbered Swiss bank accounts. Uproar in the house. 6.35pm: “You took 6 years to ratify the UN convention”. This is the biggest fraud on the nation. You ratified it a few days before the Supreme Court judgement on black money, Jethmalani says. 6.30pm: Jethmalani cites two examples of the courts rapping the CBI for shoddy investigation and for biases that creep into investigations. Wants the central government to give up control over the CBI and hand over control to the Lokpal. “Make the CBI independent”. 6.27pm: “Power corrupts, the prospect of losing power corrupts absolutely,” says Jethmalani, taking a swipe at the Congress 6.22pm: Jethmalani tells Narayanaswami the next time he introduces a bill, do it ‘more sweetly’. “You don’t use such harsh language when introducing a bill. Let me assure you that even the little sympathy you had before this speech, you lost”, he said. 6.16pm: Jethmalani says the country is going through a critical phase in its history, and it was imperative that a sensible decision was made at this point of time. He says corruption was not ‘discovered’ by Anna Hazare, and ‘India’s greatest Prime Minister’ Lal Bahadur Shastri was the first person to warn India of the dangers of corruption. But he said, Anna Hazare had done one thing, which was to draw the attention of the nation to the great evil of corruption. 6.15pm: Ram Jethmalani rises to speak. He says he is totally opposed to the bill. 6.13pm: Dr. Manohar Joshi has said that the lokpal bill requires more discussion before it can be put to a vote. Agreeing that the Prime Minister should be brought under the bill with some conditions, Joshi said that the judiciary should however be kept out of the ambit of the body. However he stated that if appointments were made by the government they would totally oppose it, but said they supported the uniform lokayukta at state level. 6.05pm: Dr. Manohar Joshi of the Shiv Sena has risen to speak. Says the main issues are being neglected and the procedural issues are getting more importance. The main issue according to Joshi is the elimination of corruption. Joshi says he is willing to treat this bill as an experiment to see if legislation could, indeed, rid the country of corruption. “If you really want to remove corruption, you need to change the mind of the people”, he said, adding that the debates in parliament were only a guideline. He said the key was to inculcate morality and responsibility in society in schools so that the very root of corruption is wiped out. Stating concern that the lokpal under the bill looked like a ‘central powerhouse’, he said that the extent of power wielded by the body could pose a threat to democracy in the country, and cautioned that parliament should remain above the bill. 6.00pm: Independent member HK Dua has said that state Chief Minister’s should be outside the ambit of Lokpal because they are already covered under the Prevention of Corruption Act. He said that laws should not be passed at the Ramlila grounds, and stated that Anna was not the only person willing to lay down his life for the country, while patriotism was not the exclusive monopoly of one person. Therefore he said that the parliament was taking the correct course of action in introducing its bill, adding that passing the lokpal would send the right message to the people. 5.55pm: The Congress strategy meeting on the Lokpal ends. Meeting has lasted over one hour, and was attended by the PM, Sonia Gandhi, Pranab Mukherjee, AK Anthony among others. 5.50pm D.Raja requests the government to take his amendments into account, otherwise this bill will be a weak one. 5.45pm: CBI should be independent. NGOs who receive funds from government and from abroad should come under the Lokpal, as should private individuals in the private sector who are found to be bribing government officials, says Raja. 5.40 Says D. Raja:“The biggest corruption the country faces today is the denial of rights to the scheduled castes, scheduled tribes, minorities, women and the poor”. They should have reservation or representation in the Lokpal. There must be representation or reservation sincerely. Increase the number in the selection committee and ensure that these sections are represented. Protect the federal structure of the country. 5.30pm D Raja of the CPI (M) begins speaking. “Allies of the UPA refuse to take responsibility for the omissions and commissions of the government.” “We will call a spade a spade.” 3.44pm: JD(U)’s Shivanand Tiwari said the states are ahead in terms of efforts in fighting corruption. The Lokayuktas in states like Karnataka and Bihar are far more effective, he said. The Centre’s steps are moving backwards instead of leading from the front, Tiwari said. The current bill that was passed in Lok Sabha is toothless because it was passed under pressure by Congress, he said. The bill suggests no ways to prevent corruption but only prescribes punishment for the guilty, Tiwari said. Electoral crimes should be tackled under Lokpal, he said. Corruption is Congress’ offspring in India, Tiwari said. 3.21pm: CPM’s Sitaram Yechury said it is an occasion to congratulate the lawmakers for passing the Lokpal in Lok Sabha but it is sad that the nature of the bill is not in the way as it should have been. “Do not enact laws that are against the spirit of the Constitution,” Yechury said. Correction is needed in the federal content of the bill. The process of removal of Lokpal should be democratic, he said. Without electoral reforms, corruption will not go, says Yechury. “You cannot allow the investigative agency (CBI) to be under the government while it investigates a case. It should be under Lokpal,” he said. Sovereignty of Parliament cannot be trespassed. This message should go outside Parliament to the streets, Yechury said. The government gave the mandate to Team Anna to sit in the joint committee and draft a law, he said. Now they should not trade charges and blame the opposition. Minister of State V Narayanasamy intervened and rejected the charges put by Yechury. The Centre should not kill the authority of the states to form Lokayuktas, Yechury said. 3.20pm: The UN covenant ratified by India makes it clear that each state shall frame anti-corruption laws based on their own laws, and therefore the Centre has no right to control the Lokayukta, says Mishra. The proposed bill is a fraud on the constitution, thunders Mishra. 3.15pm: ‘We should not pass laws under pressure’, says Mishra. Mishra’s time is up, but he soldiers on. Brings up the confusion on article 253. Appears that Mishra’s speech is pre-prepared and does not take into account the arguments made by Jaitley and Singhvi. 3.10pm: Mishra continues with the election speech, nothing connected to the Lokpal. Praises Mayawati time and again. Back to the Lokpal bill. Mishra says that the issue of the attack on the federal structure will be discussed by the council of states. 3.00pm: What has the Congress done for UP in the 40 years that it ruled UP, asks Mishra. The Congress has treated the SC, ST and minority populations as vote machines, he says. Mishra’s speech slowly degenerates into a UP election speech, moving well away from the Lokpal Bill. 2.56pm: Government has decided to destroy the federal structure through the provisions in the Lokpal and the Lokayukta. 2.52pm: Astonishingly, three news TV channels take commercial breaks at the same time, interrupting the Lokpal debate coverage in the Rajya Sabha. e’ll update after the breaks… 2.47pm: ‘All MPs know that the CBI is being misused and manipulated’, says Mishra. Cites examples of CBI enquiries into Mayawati. He says all parties in power at the centre are guilty of it. He says all states want a truly independent CBI. 2.35pm: Mishra questioned Singhvi’s argument regarding  the number of independent individuals involved in the selection of the Lokpal, saying that the CVC (who Singhvi called independent) selection and removal procedure is such that the CVC is not independent and should be conisdered as a government representative. 2.30pm: Satish Chandra Mishra, BSP speak after lunch reconvenes 2.27pm: And, while we wait for the members of parliament to return from their lunch breakm we wonder what they ate. Here’s an idea of food available at the canteen: Tea Re. 1, Soup Rs.5.50, Dal — one katori Rs. 1.50, Veg thali (dal, subzi, 4 chapatis, rice/pulao, curd and salad) Rs. 12.50, Non-veg thali Rs. 22, Curd rice Rs. 11, Veg pulao Rs. 8, Chicken biryani Rs. 34, Fish curry and rice Rs. 13, Butter chicken Rs. 27, Chapati Re. 1 a piece, One plate rice Rs. 2 1.40pm: Singhvi is done, urging the Rajya Sabha to pass the bill as he has addressed all the objections raised by Arun Jaitley. House adjourns for lunch, reconvening at 2.30 pm. The MPs will be back, so will this live update. Singhvi has said that the BJP has misunderstood the phrase “legal assistance”, stating that just because assistance is given does not mean it is free. As Singhvi and Jaitley get into a back and forth on the role of the Lokayukta, the speaker intervenes saying, “Will you please conclude?” Singhvi finally concludes saying that a large number of MP’s themselves do not seem to have faith in parliament, adding that to destroy and criticize was an easy, but dangerous process. He appeals to the BJP saying, “Do not do a great betrayal and great disservice to history. History will not forgive you if you play politics with this bill. You are in search of an elusive perfect at the cost of something good. Leave all your pretensions, join us in passing the lokpal.” 1.34pm: Abhishek Manu Singhvi has said that the sense of the house conveyed by the MP’s in August, has not specified anywhere that the citizens charter or lower classes of bureaucracy should come under the ambit of the lokpal. He also said that the BJP’s opposition to the constitutional status of the lokpal was only because it was put forward by Rahul Gandhi for no other reason. Singhvi added that the BJP did not want a lokpal at all, and were only opposing for the sake of opposition. 1.29pm: Singhvi has now taken up the issue of class C employees coming under the ambit of the Lokpal. “Before this bill, class C employees were not regulated by anyone except department headlines. We have put all of Class C under the CVC, and have already specified that the body shall draft a report and submit it to the Lokpal. 1.24pm: Abhishek Manu Singhvi says the draft bill does not have reservation at all. “You are putting something in our mouth and then shooting it down”. Claiming that the bill only seeks to reflect the diverse plurality of India, Singhvi says there is a fundamental difference of wording within the bill, that differentiates it from reservation. “The draft bill says of the eight members, not less than 4 must be some or all of OBC’s minorities, SC’s and ST’s. The phrase “some or all” is very important because it does not impose an absolute number from any one minority. We’re brave enough to think differently. Bold enough to change the world to reflect the plurality of India”, he said. 1.12pm: Singhvi starts talking about section 253. He says that the BJP and members are opposition are talking about section 253 as though they know more about autonomy and the constitution than the founding fathers of India. Accusing Jaitley of ‘assaulting the constitution’ by saying that the lokpal draft was anti constitutional’. Singhvi said that the constitution of India specifies that article 253 specifies that parliament shall have the power to make any law for the whole or any part of federal India. ‘How can you say it is unconstitutional, when this is enshrined in the constitution itself?’ he asked. Singhvi also said that the question of section 253 should not have arisen at all, because the Congress has already bent over backwards to accommodate opposition demands, and amended the draft law to seek approval of the state governments. “Your constitutional cocktail doesn’t have the punch it should have”, he said. 1.06pm: Abhishek Manu Singhvi says The CAG and CEC are also government organizations, but they have complete autonomy to function as independent entities. “Why are you saying the Lokpal will not be able to function?”, he asks. Singhvi says the BJP are trying to alter the entire structure of the country because they want to score some brownie points ahead of state elections. He asks the BJP not to destroy India’s systems because they have stood the test of time, saying that they have inbuilt checks and balances that prevent misuse of power. “Will the BJP say CAG and CEC are sarkari bodies? The administrative control everywhere is with the government”, he said. 1.03pm: Congress spokesman Abhishek Manu Singhvi has said that Arun Jaitley is conveniently ignoring the positive aspects of the Lokpal, to poke out perceived weaknesses. He asks why Jaitley has a problem with the selection process, when every single selection body to government institutions gives the government a slight majority. 1.00pm: Manu Singhvi starts addressing the points raised by Jaitley in his speech. He calls Jaitley’s description of the CBI a ‘caricature’, and says that the CBI is actually a 70-year-old organisation. He says that the lokpal as envisioned by civil society and the BJP was a ‘behemoth and a giant’ which would make the Prime Minister’s office look like a ‘pygmy’ in comparison. He said that if the phrase power corrupts and absolute power corrupts absolutely was even partially correct, then the suggested lokpal would be a “breeding ground for big ticket corruption”. Singhvi also warned that the body as described by Jaitley would have inherent conflict of interest because of the gamut of powers it would contain. “This is not our conception. We want mutual checks and balances. We want equilibrium of the trinity of the Lokpal, CVC and CBI. Each must depend on the other because that is the way our constitution is framed”, he said. 12.55pm: Abhishek Manu Singhvi rises to speak from the side of the treasury benches. He tells the BJP not to hide between pretensions and excuses and pass the lokpal for the sake of the nation. ‘Please be honest in your convictions’, he said. Uproar from opposition benches. 12.50pm: Arun Jaitley ends his speech in the Rajya Sabha, saying that it was important to ensure that the wrong kind of history is not created. “We will stay here all night, but please understand we will pass a lokpal, but not your lokpal”, he said. 12:40pm: Jaitley says that the TMC is right in opposing the bill. “The legal phraseology of the ’not less than 50 percent reservations’ is extra-constitutional,” he said. Jaitley added that the sentiments of the people and the parliament are different. 12.37pm: “The authority to deal with state services can only vest with the states.” He says that using sec 253 can be challenged in court, and that sec 253 does not give the centre the power to discipline state officers. 12.30pm: Correct all the frailties in the bill. Quotes Pranab Mukherjee’s question to him on August 27 on Lokayukta. Shows how the current bill is counter to what the FM agreed to in the Rajya Sabha on that day and that the powers given to the Lokpal as far as state officer is concerned in unconstitutional (insofar as disciplinary action is concerned). 12.22pm: Jaitley says the government is attempting to intrude into every aspect of society in the context of NGOs being brought under the Lokpal) through this bill. He finds it ridiculous that the Lokpal will pay for the legal costs of those accused of corruption. 12.05pm: Now comes to the CBI. “The first time I am hearing of an investigating agency which cannot file a charge-sheet,” says Jaitley. Says that the procedure defined by the Lokpal will have the CBI going around in circles. “Why are you creating an impossible mechanism?” “The CBI says so as well.” 12.00noon: Jaitley argues on the selection process of the Lokpal and says that loading the committee with representatives of the governemnt will automatically bias the Lokpal. He says that the Lokpal will always have a sword hanging over him if the appointment and removal mechanism is controlled by the government. ‘Change this mechanism and we will support the bill,’ he says. 11. 55 am Jaitley calls the Lokpal bill a smokescreen, a phoney Lokpal. You want to make it a toy and then call it a constutional body, he says. The prime minister is in the house, watching intently. No need to demolish federalism while fighting corruption, he adds. Questions the Congress’ intention, using Anna Hazare’s trademark word, ’niyyat’. 11.55 am  “This is half-hearted legislation,“says Jaitley. By the end of thje day, the world will know who wants a strong bill and who wants a weak one, Jaitley says to applause. 11.50 am “There’s a sense of the nation also – that Parliament will deliver a strong Lokpal Bill,” says Arun Jaitley. Questions discretionary powers at the Centre and the states, saying these lead to corruption. Says that the lgal architecture to fight corruption is weak. 11:45 am Arun Jaitley inaugurates debate on Lokpal Bill. 11.38 am The BJP has made it clear that no discussions in the Rajya Sabha on the Lokpal Bill would be allowed till the prime minister was present. 11.37 am The house is adjourned for 10 minutes. Perhaps the prime minister will reach by then. The BJP is  to move 31 amendments to the Bill. Jaitley’s address yet to commence, with protests over the prime minister’s absence. 11.35 am The bill is introduced by the speaker. The Prime Minister is absent at present. The BJP’s Arun Jaitley, leader of the opposition, is set to speak. ‘I commend this bill for consideration’, says Narayanasamy. Narayanasamy is heckled on the issue of the Lokayukta coming under the Lokpal bill 11.25 am Narayanasamy explains India’s commitment to the United Nations Convention against corruption and says that, as India has ratified the convention, the country has an obligation to introduce anti-corruption laws at the centre and in the states. 11.15 Narayanasamy explains how the Lokpal Bill works, with specific reference to Group A and B employees. The Prime Minister will intervene at 4.00 pm, it is learnt. 11.15 As the Rajya Sabha gets ready to discuss the Lokpal Bill and V Narayansamy recounts the histroy of the bill, news comes in that India has lost the first test to Australia by 122 runs – and 122 is the figure to achieve simple majority in a full house**.** 11.10am: V. Narayanasamy, minister of state, moves the Lokpal bill in the Rajya Sabha, even as the Congress Core Committee meeting to discuss the starategy to ensure the passage of the bill. 11.02am: Pranab Mukherjee has met Arun Jaitlley ahead of the Rajya Sabha debate on the Lokpal Bill. The Trinamool Congress has made it clear that they will not support the bill in the current state. It does look like the bill is headed for a joint session of parliament. 91 MPs are expected to vote for the bill (71 Congress) and 102 against the bill. The Trinamool with 6 MPs could come around. If fence sitters like the BSP and SP abstain, that changes the mathematics by 27 votes that disappear, moving the half-way point tom 108 (the simple majority for the full house is 122). [caption id=“attachment_168024” align=“alignleft” width=“380” caption=“PTI”] [/caption] With uncertainty looming over fate of the Lokpal Bill in the Rajya Sabha, the Government hopes that all allies will come around and help in its passage so that possibility of convening a Joint Session of Parliament does not arise. “I hope that everyone will come around. We will have to carry everybody and pass the bill,” Union Minister Minister V Narayanasamy said. The bill was cleared by the Lok Sabha on Tuesday. Narayanasamy said that the Finance Minister Pranab Mukherjee has spoken to leaders of the Trinamool Congress, which have given notice for amendment to the crucial legislation, and has explained the situation to them. Trinamool Congress has 6 members in the 243-member Upper House where the Congress and its allies do not have majority. The TMC wants removal of the provisions relating to the setting up of Lokayuktas in the state which is contained in the Bill passed by Lok Sabha. On being asked if the need for a Joint Session of Parliament for passage of Lokpal Bill would arise if it failed in Rajya Sabha, he said, “I don’t visualise that situation.” He emphasised that the bill has been prepared after discussions with all parties. The minister said he was not aware of the strategy of parties like BSP and SP who had walked out when the bill was tabled in Lok Sabha, but the government would like support of all thw parties. Against the backdrop of the embarrassment suffered by Congress in Lok Sabha due to absence of a dozen odd members, he said the scenario is unlikely to be repeated in Rajya Sabha as efforts are being made for the presence of all. “One or two members are indisposed,” he said, adding efforts would be made to ensure presence of everyone.