Court says lokpal law can’t be kept in cold storage, asks Centre to clarify stand by September 9
Concerned over the delay in the implementation of the lokpal Bill, the Supreme Court on Friday asked the Centre to decide by September 9 on the issue of replacing leader of Opposition (loP) with leader of the Principal Opposition party, for the formation of the lokpal Selection Committee and made it clear that the lokpal legislation could not be put into cold storage.
Dealing with a petition that termed the lokpal selection process as being non-transparent in the absence of the leader of Opposition, the Bench said that the loP was a “very important component in the selection process and by not providing for one, the appointment will lack objectivity and the committee will be ineffective.”
The Supreme Court (SC) asked Attorney-General Mukul Rohatgi to suggest by September 9 whether the Centre seeks to amend the words leader of Opposition provided in Section 4(1)(c) of the lokpal and lokayukta Act 2013 on the lines of the recent National Judicial Appointment Commission Bill. As per the NJAC, the leader of the Principal Opposition party will be part of the selection process for nominating two eminent jurists.
Rohatgi informed the SC that the Government will undertake a complete review of the lokpal Act and Rules and the exercise is almost complete. When the Bench wished to record this statement, Rohatgi clarified that the problem areas in the Act and Rules will be addressed. The Bench said that if the concern of the SC was not addressed, it will suitably interpret the provision to provide for loP.
The petition by NGO Common Cause said that without the loP the process under Section 4(1)(c) would not achieve its desired purpose. The composition of the Search Committee headed by the Prime Minister includes Speaker, leader of Opposition in lok Sabha, Chief Justice of India or his nominee, and an eminent jurist.
“leader of Opposition is a very important component in this composition. We are not undermining others, but the loP has a special significance. It gives objectivity to the selection process...When the loP is not there, can the committee be termed effective,” the Bench, headed by Chief Justice RM lodha asked the Centre.
Rohatgi said that with the order of the Speaker denying Congress the post of loP, the position of leader of Opposition will not exist. Congress has 44 MPs, short of 10 per cent seats in lok Sabha.
Rohatgi further argued that even in the past, the loP post had not existed. But the Bench differed with the view. It said that at the time of passing of the lokpal Act, such a situation was not envisaged. “When the loP post was denied to others, there was no law which allowed the loP to play a role in selection of an important post. Now, with a clear mandate given under law to the loP in selecting lokpal, CVC, CIC, NHRC Chairperson, there will be a vacuum in the selection process in the absence of a loP,” the Bench said. It directed the AG to come back with his response on the next date.
Advocate Prashant Bhushan who appeared for the NGO Common Cause said that the lokpal selection process had been delayed by the Centre for a considerable period and now it will be held up till the next session of Parliament in November. The Bench said that the Act cannot remain in “cold storage” because of lack of loP.