Raje rethinks shield and gag bill amid severe opposition
What's the story
While facing outrage for tabling the Criminal Laws (Rajasthan Amendment) Bill, 2017 in the Rajasthan Assembly, CM Vasundhara Raje called a late night meeting of senior leaders who were asked to "rethink" the bill.
The bill protects present and former public servants from investigation for on-duty action without government sanction.
It bans the media from naming the public servant until government investigates the case.
About
What is the Criminal Laws Bill?
On September 7, Vasundhara Raje-led BJP government had passed an ordinance amending the Code of Criminal Procedure. This was then tabled in the Assembly.
This bill makes it a criminal offence to investigate and identify public servants facing corruption allegations until government sanction is obtained.
If government does not respond within six months, sanction will be assumed.
Violators will be imprisoned for two years.
Reactions
What were the reactions to the bill?
Congress-led opposition termed it a "black bill" and staged a walkout. They also undertook a protest march to Raj Bhavan, where they were detained.
BJP MLAs Ghanshyam Tiwari and Narpat Singh Rajvi also opposed the bill.
Senior BJP leader Subramanian Swamy asked Raje's government to take back her ill-fated gag bill. He termed it a "sterile exercise" as the SC will strike it down.
Defence
What was the government's defense?
The government defended the bill saying that the amendments to the bill will protect public servants from "non-substantial charges" and also protect honest public servants from inquiries by court and police.
As public servants have to formulate policies, they require a "conducive environment." Thus, the bill "insulates" them from "everyday allegations" driven by "vested interests." This prevents "fear psychosis" and "indecision and policy paralysis."
Ravi Shankar Prasad
What does the Union law ministry have to say?
Union law minister Ravi Shankar Prasad defended the bill saying it would stop "motivated complaints." He said "as per a survey done by the State government, 73% of the complaints against public servants turned out to be without any basis."
As the bill is challenged in the Rajasthan HC, he didn't comment further.
The law ministry had earlier called the bill "perfect and balanced."
Do you know?
What has the state government decided now?
CM Vasundhara Raje discussed the situation with ministers Gulab Chand Kataria, Rajendra Rathore, Arun Chaturvedi, Yunus Khan and state BJP president Ashok Parnami. It was decided to review the bill. Thus, now the bill may be referred to a select committee.
Motive
Does this bill have some underlying motive?
The bill may have been passed to protect public servants from the media and judiciary in the election year.
Further, Raje might be protecting herself in the post-election years by making probes into scams impossible.
Another theory says many bureaucrats are facing allegations of forceful occupation of "priceless land" and this government, known to be soft on bureaucrats, may be protecting them.