The Supreme Court on Tuesday reserved its judgment on a PIl seeking appointment of a lokpal even as the Centre maintained that the Parliament cannot be told to expedite the process when crucial amendments to the lokpal and lokayuktas Act 2013 were pending before it for consideration.
Attorney General Mukul Rohatgi submitted to the Court that the amendments are unlikely to be passed in the current session of the Parliament with the focus being on Budget. After noting A-G’s argument, a Bench of Justices Ranjan Gogoi and Navin Sinha reserved judgment on a bunch of PIls with the leading petition by NGO Common Cause.
Appearing for the NGO, senior advocate Shanti Bhushan informed the Court that the Centre was unnecessarily delaying the amendments in a bid to stop the lokpal Act from getting operational. During the hearing, Rohatgi submitted that one
of the contentious points
being debated by Parliament was on the definition of leader of Opposition. The Act provides for the leader of Opposition to be part of the lokpal selection panel. At present, since no party sitting in the Opposition in lok Sabha has the requisite number of MPs to claim
this post. The said post has been vacant and consequently, the lokpal Selection panel
too lacks the requisite strength.
“Unless the proposed amendment making leader of the largest Opposition party, which is Congress, as leader of Opposition is passed by the Parliament, the lokpal cannot be appointed in the given circumstances,” the A-G said.
But Bhushan countered this argument by giving an instance where the CBI chief was picked by a selection panel attended by Mallikarjun Kharge, who is leader of the largest Opposition Party (Congress) in lok Sabha although the law required the selection committee to have leader of Opposition as one of its members.
Bhushan said that the lokpal Act mandates the anti-corruption ombudsman to be appointed expeditiously. It was for bringing this law that a nationwide protest was organised under the leadership of social activist Anna Hazare, Bhushan pointed out.