BJP in favour of bringing PM under Lokpal: Advani

BJP in favour of bringing PM under Lokpal: Advani
New Delhi: New Delhi, Jul 4 (PTI) Senior BJP leader L K Advani today said that his party is in favour of bringing Prime Minister within the ambit of Lokpal, noting that the 1998 and 2001 drafts prepared by NDA were clear on the issue.
Shri Arun Jaitley, Leader of Opposition (Rajya Sabha) regarding Lokpal Bill
On the inclusion of Prime Minister

The ministerial draft clearly provides an immunity to the Prime Minister from the jurisdiction of the Lokpal. The Lokpal Bill lays down the procedure for investigation and creates the agency which has the power to investigate. The substantive law of corruption under which the crime is committed is the Prevention of Corruption Act. The substantive law i.e. Prevention of Corruption Act does not grant any immunity to the Prime Minister. If he is investigated by agencies such as the CBI or a State Police, no such immunity is available to the Prime minister. Laws granting Prime Minister’s immunity from legal provisions have been frowned upon. Constitutional amemdment which made prime Minister’s election non-challengeable was introduced in the Emergency. It was struck down by the Supreme Court. Ordinarily if the prime minister commits an offence the accountability standards for them must be higher than ordinary humans. The principle of Ceaser’s wife being beyond suspicion requires a more stringent standard for a Prime Minister. A prime Minister in larger public interest may need protection only in relation to National Security or Public order issues. These areas affect India’s sovereignty and security. Decisions taken by the Prime Minister and expenditure incurred on these subjects cannot be accounted for either before the Lokpal or any other investigative agency. There may be a rationale for treating these areas as special and distinct but if a Prime Minister were to receive kick-backs on commercial transactions or subvert a vote of confidence through bribery, why should he be immune from the penal law? It is for this reason that both Shri Atal Bihari Vajpayee and Dr. Manmohan singh have repeatedly said that they have no objection on being covered by the Lokpal. Clause 10 of the Lokpal Bill of 2001 thus granted only a limited immunity to the Prime Minister wherein it was stated –

“provided that Lokpal shall not enquire into any matter involving, or arising from, or connected with, any such allegation against the Prime Minister inso far as it relates to national security or maintenance of public order”.

This formulation in the NDA Bill seems to be more appropriate than a complete immunity.