Team Anna vs Govt: Areas of dispute, negotiation

New Delhi: The Anna-Hazare-government standoff continues, the 74-year-old Gandhian is still fasting. But moves are afoot now to ensure a compromise is reached to break the impasse.    

The government is making frantic efforts and seems willing to give in on key sticking points.

At the Ramlila Maidan, where Team Anna has set up camp, there seems to have been a softening of stand too. What started out as two different draft Bills after members of a joint committee failed to agree, may yet be put together in a new draft.

The story so far: Anna Hazare was on hunger strike for four days in April this year, before the government invited him and his team to join a committee set up to draft an anti-corruption law - the Lok Pal Bill. There were an equal number of government representatives and civil society members on the panel. After several meetings and many disagreements, both sides drafted different versions of the Bill.

The government introduced its version in Parliament this month. Anna Hazare and his fellow anti-corruption activists were livid - they demanded that Parliament discuss and approve provisions of their draft Bill, the Jan Lok Pal Bill. On August 16, as planned, Anna Hazare was ready to begin his indefinite fast and mass protest when the Delhi Police swooped down on him, detained, and later arrested him and sent him to jail. There has been a public and political outcry since, Anna has become a global icon and the government is in damage-control mode.

Central to any compromise will be the contours of the Bill that Parliament will debate and approve. Sources say the government may make major changes to its draft Lok Pal Bill to include provisions from Team Anna's Jan Lok Pal Bill. The key differences between the two are:            

• To include the Prime Minister under the Lok Pal or not:

This is perhaps the most emotive issue amongst Anna's supporters. Primarily because it's simple, it's symbolic and easy to comprehend. The Opposition BJP and the Left want the PM included too with some exclusion clauses to ensure national security is not compromised. As of now, the government seems likely to give in on this - negotiations will be focused on the "exclusion clauses."

• Peon-to-PM to be investigated by the Lok Pal:

The government wants only major corruption to fall under the Lok Pal - so it says only Class 1 government servants should be included, not junior officers. The argument is that if every one of the 30 lakh central government servants is included, the Lok Pal will need 20,000 investigators. Team Anna has argued that the common man faces day-to-day corruption from the lower-level government officials, so these must be included. The Left parties say only Class 1 and above should be included. The government may give in on this demand. On the other side, Team Anna has indicated that it could be amenable to a grievance redressal Bill being brought in separately, at the same time as the Lok Pal Bill is.

• To include the Judiciary:

If there is one thing that the government, the BJP and the Left parties agree on, it is that the judiciary should not be under the Lok Pal. The argument is that the Lok Pal will send corruption cases to courts for trial and sentencing. If judges are under the scrutiny of the Lok Pal, how will they be independent enough to go against it in these cases? Moreover, this goes against a key tenet of the Constitution: The independence of the judiciary. Anna's team argues that there is rampant corruption in the judiciary and it must be policed by the Lok Pal.

Team Anna may compromise on this. It has indicated that a good judicial accountability Bill, separate from the Lok Pal but brought around the same time, could be acceptable.

• Should MPs' actions inside Parliament be included under the Lok Pal:

According to the Constitution any corrupt behaviour by MPs inside the House is currently exempt from scrutiny. Even the Supreme Court has held that MPs' actions inside Parliament cannot be questioned. Anna and his team say the Constitution should be amended to include MPs' corruption inside the House.

Most parties are against this. A compromise could be some form of accountability, but a change in the Constitution seems unlikely.

• Overseeing corruption in the Lok Pal:

Who will ensure that up to 20,000 officers in the Lok Pal are not corrupt? Anna's draft has some oversight provisions - most parties feel the provision in the Anna draft is very weak. In a compromise, Team Anna may climb down on this and agree to a separate body to oversee the functioning of the Lok Pal and for grievance redressal.

• Method of appointing of the Lok Pal:

The Anna draft has suggested complicated methods of appointing the Lok Pal, which have been widely criticized as impractical. In a compromise, Team Anna is expected to agree to simplify this. So long as the appointment is not made by the Executive.