...And Team Anna is blackmailing the Govt to introduce their JLP Bill in the Parliament by their Hunger Strike!
No Y, I just cannot think of Anna Hazare's protest as blackmail. If we did, then the civil rights struggle can also be likened to blackmail.
If JLP has constitutional issues, then they must be sorted out without making it impotent. If needed Constitution itself can be amended, Indians are not squeamish about it like the Americans.
Petty corruption, the kind we see in EB, is bad enough, but corruption and abuse of office in high places is hemlock to democracy. If the sitting PM, etc., are to be excluded, then there is no point in having an LP of any kind.
Assume some Judge(s) appoint a Special Prosecutor (like Ken Starr) with lot of teeth and funds to play around.
Y, you are asking me to assume quite a lot of stuff. Ken Starr was a power center unto himself, once appointed he couldn't be removed. But, in the case of LP, the power is not vested in one single member.
To accomplish what you suggest, this rogue member must first persuade a majority of the LP members. Then he must show probable cause to a panel of competent judges and persuade them to issue the necessary warrants to arrest "PM, all the MPs of the Ruling Party and all the Upper Judiciary", and then they can be thrown into Tihar.
Your view is, this scenario is quite possible if the rogue member has enough friends in high places in the judiciary. Based on this you think JLP is not a good idea.
My view is, this scenario is farfetched, too many obstacles to overcome, drumming up majority in JP and finding enough members of the judiciary approve. If this is anything more than mere possibility on paper, India would be a different country today -- Indira tried this, Indians will not acquiesce to such a blatant power grab.
Even I am wrong about this, the response to the possibility of this doomsday scenario must be to incorporate further safeguards and checks & balances, not surrender.
All decisions involve tradeoffs. We have to balance the good against potential bad. I think the probability of one or more rouge JLP member(s) colluding with friendly judges to bring the entire system to grinding halt is very low.
From what I understand reading the mandate Team Anna is demanding for JLP, they will have to obtain warrants for the actions you are asking me to assume. They cannot simply bring charges and throw PM or other high officials in jail. JLP will have the power to prosecute, but not judge. The LP proposed by UPA will produce a report which will promptly be made into dust collection device.
Will of the people is very hard to gauge accurately. It will change from issue to issue. IMO, the very reason MMS is negotiating with AH is because Congress/UPA suspects public support for AH. For example, there was another case in Haridwar, some young samiyar went on a hunger strike protesting just about the same stuff as AH, but he was let to die, why? IMO, the UPA did not see him as a big enough threat with significant public support.
So, IMO, MMS's calculation is that the will of the people in this issue is with AH. This is the reason his government is negotiating with him. It is not because MMS has more sympathy for AH's life than that other guy from Haridwar.
You make a good point about existing laws can be used to prosecute wrongdoers. Yes, that is true, but there is horrendous amount of bottleneck built into this system. Further, the independence of CBI is not above board. The case of a single member LP member pursuing personal vendetta that you described is not only possible, not only probable, but is true in many cases with the present state of the law and law enforcement. The ruling party can unleash the CBI with impunity against an opponent who had to be taught a lesson.
Therefore, in my view, the existing laws are useful to the party in power. For any meaningful challenge to corruption in high places, the investigative body must be independent, shielded from the whims of the political party in power, answerable only to the law, not to the party in power.