Thaindian News

New Delhi, June 26 (IANS) It would be a “mistake” to bring the judiciary and the prime minister under the Lokpal’s ambit, former chief justice of India J.S. Verma has said, adding this would “foul with the basic structure of the constitution”.

He also termed as “undemocratic” Gandhian Anna Hazare’s threat to again go on a hunger strike on Aug 16 if the government does not meet the civil society’s demand of bringing a strong Lokpal bill.

“Absolutely not… It would be a mistake. It will foul with the basic structure of the constitution. Judicial review is a basic feature (of the constitution)… for which an independent judiciary is essential,” said Verma when asked whether the higher judiciary should be brought under the ambit of Lokpal.

Civil rights activists, led by Hazare, have been demanding that the higher judiciary and prime minister should be brought under Lokpal.

“I don’t think so. In the parliamentary democracy that we have adopted, there the prime minister is accountable only to parliament,” Verma said about the prime minister.

“The simple answer is if he is covered under ordinary law (Prevention of Corruption Act) you don’t need him covered under Lokpal. You can’t have the prime minister under the Lokpal because you can’t have president’s rule at the center,” Verma told Karan Thapar in his Devil’s Advocate programme aired on CNN-IBN channel.

“And for the other things, you cannot have a lame duck prime minister because there is no provision for president’s rule at the centre,” he said.

He also said that the debate on bringing judges under the Lokpal is worrying sitting judges.

“The judiciary under the constitution is the custodian of the rule of law. Ultimately the democratic structure will be effected. The judiciary must not come under Lokpal ..certainly not under that,” said Verma, who also headed the National Human Rights Commission from 2000 to 2003.