Breach of Privilege motion against Shri Anna Hazare and Shri Arvind Kejriwal sign now

Summary:

1. Please bring a breach of Parliamentary privilege motion against Shri Anna Hazare and Shri Arvind Kejriwal for threatening Loksabha Members with pressure to pass a Lokpal Bill before August 15, 2011, which may or may not have public support.

2. Please take up with the President of India and the Supreme Court, the issue of conflict of interest in Karnataka Lokayukta Justice Santosh Hegde drafting a bill, to be tabled in your house, that may vest more authority in his current constitutional office.

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As you might be aware, a 10 member committee to draft a Lokpal Bill has been constituted and notified in the Official Gazette. The following citizens, including five members of Parliament, have been made members of the draft committee.

1. Shri Pranab Mukherjee, Union Finance Minister and Member of Lok Sabha
2. Shri Palaniappan Chidambaram, Union Home Minister and Member of Lok Sabha
3. Shri Veerappa Moily, Union Law Minister and Member of Lok Sabha
4. Shri Kapil Sibal, Union HRD, Communications and IT Minister and Member of Lok Sabha
5. Shri Salman Kurshid, Union Water Resources and Minority Affairs Minister and Member of Lok Sabha

6. Justice Santosh Hegde, Karnataka Lokayukta and former Supreme Court Judge
7. Shri Shanti Bhushan, private citizen and former Union Law Minister
8. Shri Anna Hazare, private citizen and social activist
9. Shri Arvind Kejriwal, private citizen and social activist
10. Shri Prashant Bhushan, private citizen and social activist

The above committee is slated to meet for the first time on April 16, 2011. Couple of members of the committee, Shri Anna Hazare and Shri Arvind Kejriwal have issued statements threatening to bring pressure on the members of the Lok Sabha, if the yet to be drafted Lokpal bill is not passed by Parliament on or before August 15, 2011.

The undersigned citizens of India express our gratitude towards the social activists for mobilizing public opinion against corruption in public offices. However we wish to bring to your notice that Hon'ble members of Parliament in the Lok Sabha and Rajya Sabha have debated a similar bill on eight occasions and have not found it appropriate to make the bill into law.

While amendments to the said Lokpal Bill or a new draft of the bill may, upon approval by you, be tabled for debate by the treasury or any member of both houses, the institution of a draft committee comprising unelected members might be in violation of our Constitution.

Hence We, the undersigned,

1. request you to verify the constitutional validity of such a committee and if needed pass appropriate ruling on such a bill, if and when its tabled in your house.

2. we also urge you to consider the possibility of approaching the Hon'ble President of India to request the opinion of the Supreme Court of India on the validity of the notification issued to constitute such a committee.

3. we request you to peruse the statements* made by Shri Anna Hazare and Shri Arvind Kejriwal threatening to bring pressure on the members of Lok Sabha to pass the bill drafted by their committee or else face protests starting August 15, 2011. In our Republic, the Parliament of India has the right to altogether refuse the creation of the constitutional post of Lokpal and not merely decide the quantum of authority that may be vested in that office. Their statement demanding a particular outcome of a parliamentary debate and the accompanied threat of protest otherwise, might be in breach of the privilege of Parliament.

4. we also urge you to look into the conflict of interest, if any, that arises from the inclusion of the Karnataka Lokayukta Justice Santosh Hegde in the drafting committee. He holds a constitutional office and it may not be appropriate for him to draft a partisan bill that may have a bearing on the very office he is currently occupying. Please consider taking this conflict of interest issue to the President of India and the Supreme Court.

5. arbitrary inclusion of private citizens in the drafting committee and the absence of women members which may not have arisen if your office had been consulted.

* - News report in The Hindu newspaper on the statements made by Shri Anna Hazare and Shri Arvind Kejriwal.

http://www.hindu.com/2011/04/10/stories/2011041064801200.htm

Thanks.

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Esther ChaneyBy:
LGTBIn:
Petition target:
Hon'ble Speaker, Lok Sabha and Hon'ble Chairman, Rajya Sabha

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