'People are supreme, not anybody else'

The government can ill-afford to ignore popular sentiment for Anna Hazare’s anti-corruption campaign as otherwise it may have to pay a “heavy price”, Santosh Hegde, Lokpal Bill drafting committee member, on Friday said.

He said any sensible government should pay heed to “feelings” of the people. “Otherwise, just see what happened after the Emergency in 1977. A government in power may lose power,” he said, flaying the government’s flip-flop on the detention of Hazare.

On Prime Minister’s statement that Parliament alone can make laws, the former Supreme Court judge, who till recently served as Karnataka Lokayukta, said it’s supreme to the extent that legislations can be passed by a majority in the House. “And the Prime Minister saying law can’t be made in ‘maidan’, law cannot be made through ‘satyagraha’. They are misleading the people. We are not making the law.We are giving suggestions”, Hegde said.

He said the Government has to understand that Hazare’s campaign has no personal agenda; it’s all in the public interest. He said the government should have also sent “our bill” (Jan Lokpal) to the Standing Committee of Parliament, in addition to the version cleared by the Cabinet.

Hegde said the government side asking civil society members to refrain from making their views known on the bill as it was going to Parliament is not correct. While there is a principle of sub-judice in jurisprudence, there is no such procedure in Parliamentary proceedings, he said.

“We can go on talking even when discussion is going on (in Parliament). Criticise the discussion. Therefore, asking us to keep our mouth shut. Who are you talking? Parliament is supreme. It’s audacity on their part,” he said. “Can a law made by the Parliament be challenged in court? It can be challenged and it can be declared as unconstitutional by Supreme Court or even by a high court. Does it mean then Parliament is supreme? It’s not,” Hegde said.

He said the government should understand that the Constitution is drafted by Constituent Assembly. But it’s the people of India who have accepted it. The first few lines of Preamble to the Constitution starts with “We the people of India... It (Constitution) is not given by a politician. Under the Constitution, we have accepted’. This Parliament, Legislature, Executive and Judiciary is created. Therefore, who is the creator of these institutions? It’s the people. Therefore, ultimately, in the true sense of the word, it’s the people who are supreme, not anybody else,” he said.