SC sounds caution to Centre over Lokpal appointment

Options govt has

• Promulgate an ordinance declaring the leader of the single largest party in the Lok Sabha as Leader of Opposition (LoP) for the purpose of appointing the Lokpal
• Get the pending Bill passed
• Take SC order for treating leader of largest party as LoP till required law is enacted

The law says…

• Lokpal will be selected by a five-member panel comprising PM, Leader of Opposition, LS Speaker, CJI and an eminent person chosen by 4
• Lokpal is not being constituted since LS does not have an LoP as no party has the required 10% strengthfor staking claim to post 

The Supreme Court of India has  questioned the Centre for dragging its feet in appointing “corruption ombudsman” Lokpal and observed that the Lokpal law could not be rendered ineffective due to the delay in taking decision by the government on the status of the Leader of the Opposition in Lok Sabha.

A three-judge bench comprising Chief Justice T.S. Thakur, Justices D.Y. Chandrachud and L. Nageswara Rao, hearing a writ petition filed by NGO Common Cause challenging the provisions of Lokpal Act and its Rules, said the law should be made workable and taken to its logical end.

The CJI told attorney-general Mukul Rohatgi referring to the central government , “You government seem to be always interested in cleansing the system, then why are you dragging your feet. Appointment of Lokpal is in the right direction. The Lokpal which is intended to bring probity in public life must be allowed to work whether you amend the law or not.”

The bench asked the attorney-general the reasons for the delay of three years in carrying out the necessary amendment to the Act. The AG said an amendment bill was introduced in Parliament and later it was sent to the standing committee which suggested some changes and the bill is still pending. The AG submitted that the Centre was reviewing the entire Lokpal Act and the rules.

The bench pointed out that the Lokpal and Lokayuktas Act, 2013 were passed in December 2013 and they became a law in January, 2014. “We will interpret the rules in a manner to make it functional, till Parliament could amend the rules,” the CJI observed. The AG told the bench that such a move would mean that the court is legislating which Parliament alone can do.

Earlier, senior advocate Shanti Bhushan, representing the petitioner Common Cause, submitted that the court should interpret the Act, to bring Lokpal into existence expeditiously, as the political class has not shown any interest in carrying out the necessary amendments to the Act, to make it functional. Saying that the Act was passed in 2013 after a long anti-corruption crusade led by Anna Hazare, Shanti Bhushan asked  “Do we need another Anna Andolan to bring Lokpal into being?”

The CJI pointed out that the “selection committee” has not been duly constituted because the selection committee, comprising the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition, Chief Justice of India could not meet to select an eminent person in the panel which will form the search committee to select Lokpal and other Members.