Muhammad Shafi Uri  National Conference Member of the Rajya Sabha, while taking part in Lokpal and Lokayukth Bill debate  in the house, raised objections on the application of Central Lokpal and Lokayukths to the state of J&K, by referring to Article 370 of the Constitution of India. He said that the application of this law  to the State would seriously impinge upon its autonomy. His objection was almost in line with  the stand taken by various regional parties on Lokpal and  Lokayuktas Bill 2011. They demanded  deletion of the chapter on Lokayuktas  in the States. According to them it encroached upon the state’s powers to legislate and violated the federal character of the  Constitution.The government, in reply, argued that  since India is a signatory to UN Convention  Against Corruption it would be appropriate  to  make     law   for the whole country. In this regard references to certain provisions of the Constitution were made.
 A look at the Articles 252 and 253 of the Constitution may interest us here. Article 252 says that in case Parliament doesn’t have power to make  a law, it can on the request of  the States make law for them and whoever is concerned with that  law. No such request came forth from any State. Article 253 provides  that  Parliament is empowered to  enact laws for the enforcement  of international treaties and U N Conventions. In this context 
following questions come to the mind. Are we dependent on  the UN Convention alone to make a law  to combat corruption? Don’t we have the required laws already on Statute  Book  of the various States . The first question  can be answered in the negative, while as     answer for the  second is in affirmative. Most of the states like Karnataka, Uttrakhand, NCR  New Delhi  and Bihar etc can be  cited as examples. We  too have  in our State an ombudsman  in the shape of  the Accountability Commission Act. It is a     different matter that  the institution   has remained non-functional for most of the time since its enactment. Though  one of the like nature  is missing at the centre. There are sufficient provisions in the IPC  to deal with the menace of corruption  ; not to mention a special  law  like Prevention of Corruption  Act  for the purpose. It will be atrocious to suggest, even by implication, that  these laws  framed by the state legislatures  need be repealed and then reenacted by the Parliament to make them UN Convention  on Corruption compliant. Why should India look to the UN convention in this regard when  the Administrative Reforms Commission   of GoI  headed by late Morarji Dessai  had recommended in  year 1969 the introduction of  Lokpal at the centre and Lokayuktas in the States. Prior to that, the Santhanam Committee set up by the Union Home Ministry had made similar recommendations to check the corruption at the high places.Therefore,Parliament need not  necessarily invoke 2003 UN Convention  in this regard. India has acted much before.      However, refinement of the laws  is needed to make them suitable to meet the emerging challenges  posed by the   malfeasance of the persons  at the highest public places. In this context if the regional parties  feel threatened of central onslaught on their  powers they can not be faulted.
After all even the great votary of ‘strong center ‘ Arun Jaitley denounced the move by alleging, “ the Bill  would lead to  Constitutional havoc  as the centre would be encouraged to usurp the powers of the States through the provision for setting up Lokayuktas.” The National Conference MP has, therefore, a point when  he  raises objection  to the  concerned provisions of the Bill. Given the peculiar constitutional position, at least, J&K state can’t be accused of “ bringing in  fig leaf of  federalism  to protect it from having a Lokayukta .” The question of  invoking UN Conventions for making laws by the Parliament for the States under Article 253 would, in my opinion , arise where for there is no legislative subject in the local jurisprudence, and for the matters which carry multinational implications. Human rights, ecology, environment  and international trade, etc, are the examples which are covered by the  UN conventions and inter-national treaties  ;   and thus become legislative subjects  for the Parliament  to  legislate thereon for the Union and the States.

(B L Saraf is Former Principal District & Sessions Judge.
Mail at bushanlalsaraf @ gmail .com)

Lastupdate on : Mon, 2 Jan 2012 21:30:00 Makkah time
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