While the UPA already has a majority in the Lower House, which would have ensured the passage of the Bill in any case, its task was made simpler by the walk-out staged by several parties, including the Left, the Samajwadi Party and the Bahujan Samajwadi Party.
In an ironic coincidence, Hazare's health worsened in Mumbai in the course of the evening, forcing him off the stage on which he was staging his fast in Mumbai, and into the care of two teams of medical experts. Already afflicted with a cold when he began his three-day fast, Hazare found his condition deteriorating rapidly, with his temperature shooting up to over 102 degrees and his blood-pressure dropping significantly.
While his team of strategists repeatedly requested Hazare to call off his fast so that he could be administered medicines, the activist steadfastly refused. Authorities in Mumbai arranged for ambulances to be on stand-by at the avenue, in case he had to be transferred to hospital.
Although the UPA has passed its version of the Bill itself, it has, however, failed to pass the Bill for making the Lokpal a Constitutional body, like the Election Commission. This is because this needed a Constitutional amendment, which itself requires a majority of two-thirds of those present and voting, and a simple majority of the overall strength of the House. The UPA failed to muster the required numbers on both parameters. Thus, a proposal that would actually have made the Lokpal a more independent body was not carried through.
However, the Bill is far from becoming an Act yet. For, mustering a simple majority for the Bill in the Rajya Sabha will be very difficult for the UPA, which is in a minority of 94, whereas a simple majority requires 123 votes. Its only hope lies in persuading a sufficiently large number of Rajya Sabha members from non-NDA parties like the Samajwadi Party and the BSP to either vote for the Bill or abstain.
Thus, it is possible that the Rajya Sabha may pass a version of the Bill that includes some or all of the amendments moved by the BJP and the others. In that case, the Bill will be go back to the Lok Sabha. If the Lok Sabha does not accept these amendments – as it didn't the first time around – there will be a deadlock, which will have to be resolved through a joint session of both Houses. And that could postpone the actual enactment of the Bill to February 2012.
On a day of high-pitched though cogent debate in the Lok Sabha, the government made several significant concessions to the Opposition over the final form of the Lokpal Bill that was passed. It withdrew some of the requirements for presenting reports on enquiries against MPs to the Lokpal. It agreed to remove the Armed Forces from the jurisdiction of the Lokpal.
It also countered the BJP's argument that including Lokayuktas in the Bill would violate the Constitution since this was a state matter and not a central one by including a clause specifying that the State Governments would continue to have the final say on whether to implement the Lokayukta. However, it is believed to be this very issue over which the proposal to make the Lokpal a Constitutional Body may have fallen through.
The sudden deterioration in Hazare's health has made it unclear how he and his team will respond to the passing of the Bill in its current form by the Lok Sabha. However, the battle between Anna and the Government is probably far from over, since the contentious issues raised by Hazare and his team do not figure in the Bill that the Lok Sabha has passed.
It remains to be seen whether the mood of the middle-class, which has so far ranged against the UPA because of its perceived feet-dragging on passing the Lokpal Bill, now shifts. If the UPA now succeeds in projecting itself as a champion of the Bill, and the Opposition, as a force that does not want the Bill, public opinion could change.
The UPA, however, was left red-faced by its inability to pass the Constitutional amendment Bill to give the Lokpal Constitutional status. With a strength of 277 in the Lok Sabha, the UPA should have been able to gain that number of votes, but in fact it only obtained about 243. Clearly, it did not manage to keep its flock together.
In any event, it's still a long journey ahead for the Lokpal Bill, although one hurdle has been crossed.
How the Bill was passed:
The Lokpal and Lokayukta Bill, 2011 was passed by the Lok Sabha on Tuesday even as the Left Front, Samajwadi Party and the Bahujan Samaj Party staged a walk out. The Bill was passed by a voice vote after several amendments to the Bill. However, the Bill to give Constitutional status to the Lokpal, which required two-third majority in the House, was defeated.
While Leader of the Lok Sabha and Finance Minister Pranab Mukherjee said that the defeat of the Bill giving Lokpal a constitutional status was a "sad day for democracy; Prime Minister Manmohan Singh said that "such things happen".
Before the Lokpal Bill as put to vote the Government decided to drop the provision that enabled the setting up of Lokayuktas by the states, Section 24, the provision to keep armed forces and coast guard personnel under its ambit. The Government also amended the requirement of three-fourth members of Lokpal to approve inquiry against the Prime Minister was changed to two-third.
The provision in the Lokpal Bill enabling the setting up of Lokayuktas by the states had been a contentious issue with the Opposition as well as several allies of the Congress opposing it.
Section 24 had given the right to Speaker of the Lok Sabha and Chairman of the Rajya Sabha to take action against MPs even if the trial by the Lokpal was on. The exemption time of former MPs was also increased from five to seven years after vociferous protests by the members.
The Bharatiya Janata Party (BJP) abstained from voting on the amendment moved by Basudeb Acharia on bringing corporate houses and the act of the Prime Minister signing commercial agreements under the Lokpal.
Just before the voting started the Samajwadi Party and the BSP MPs walked out of the Lok Sabha.
"We could not have gone with the BJP, so we walked out," said Samajwadi Party chief Mulayam Singh Yadav.
Since our amendments were not accepted, we walked out," said BSP MP Dara Singh Chauhan.
A number of amendments moved by Opposition to bring the media and NGOs receiving donations were also defeated.
During the animated over 10-hour debate, Prime Minister Manmohan Singh asked parties to "rise above partisan politics" to demonstrate to the people of the country that "this House means business" in its effort to combat corruption.
He said a "holistic" approach was needed to deal with the "cancer" of corruption but rejected demands for bringing the Central Bureau of Investigation (CBI) under the purview of Lokpal as he warned that no entity should be created inconsistent with the Constitutional framework.
Capping the 10-hour animated debate during which several parties, including BJP, Biju Janata Dal (BJD), Janata Dal (United), Rashtriya Janata Dal (RJD), Samajwadi Party, Telugu Desam Party (TDP) and Left Front said the Bill was weak and wanted it withdrawn, Finance Minister Pranab Mukherjee rejected the contention that the legislation had been brought in "haste" or under pressure.
Allaying fears of several parties, including UPA constituents Trinamool and Dravida Munnettra Kazhagam (DMK), that the provision for setting up Lokayuktas was an "attack" on federal structure, he said the government had made amendments stating that notification would not be issue without the consent of state governments.
The amendment, along with some others, was decided during an emergency meeting the Prime Minister held with Congress President Sonia Gandhi and other senior leaders ahead of the voting in view of opposition by allies.
This is the ninth Lokpal Bill introduced in government in a series that started as early as 1968 and ended in 2001. Seven of them lapsed with the dissolution of the Lok Sabha while one was withdrawn.
"There are some very special moments in the life of a nation. This is one such moment.
The nation awaits with bated breath how the collective wisdom of this House will be reflected in the vote at the end of the debate on the Lokpal and Lokayuktas Bill, 2011," Singh said.
Noting that the broad provisions of this Bill have been vigorously debated both in the public domain and by political parties, he underlined that the task of legislation was "very serious business and must eventually be performed by all of us who have been constitutionally assigned this duty."
In an apparent message to Hazare who has been pressing his demands with regard to Lokpal, Singh said, "others can persuade and have their voices heard. But the decision must rest with us."
He warned that "no entity should be created inconsistent with our constitutional framework and charged with onerous executive responsibilities without any accountability... Let us not create something that will destroy all that we cherish all in the name of combating corruption. Let us remember that the road to hell is paved with good intentions."
He said, "today we are given to believe that a Government that is directly elected by the people and accountable to it cannot be trusted but a body that will not derive its legitimacy from the people directly or be accountable to it could be trusted to wield its immense powers with honour and trust."
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