Appoint lokpal at earliest: SC to Centre
April 28, 2017The Supreme Court pressed for quick appointment of lokpal on Thursday. The Centre's argument was that the process for appointment of the ombudsman mandated to check corruption in high places had been delayed because of the absence of a leader of Opposition (LoP) who, under the existing law, ought to be part of the selection committee.
The SC rejected this argument stating that said appointment of lokpal and its members by the selection panel, without including the LoP, would be absolutely valid under the existing law.
Centre stated that a bill was pending in Parliament to include the leader of the largest opposition party in the selection panel when there is no LoP. It also said a parliamentary committee had approved inclusion of the leader of the largest Opposition party in the absence of LoP.
The apex court disagreed stating, "The Act, as it stands today, is an eminently workable piece of legislation and there is no justification to keep enforcement of the Act under suspension till the amendments, as proposed, are carried out,".
A bench of Justice Ranjan Gogoi and Justice Naveen Sinha said the law permitted selection of lokpal by a panel comprising the PM, the Chief Justice of India or a SC judge nominated by him and provided that absence of a member or a vacancy in the selection panel would not render the choice invalid. The court accepted the arguments of advocates Shanti Bhushan and Gopal Shankaranarayanan, who said lokpal could be appointed even without the amendment and alleged that the Centre was using pendency of the bill as a ploy to delay making the anti-corruption body functional.
Justice Gogoi, who wrote the judgment, said, "If, at present, the LoP is not available, surely, the chairperson and other two members of the selection committee, namely, the Speaker of Lok Sabha and the CJI or his nominee, may proceed to appoint an eminent jurist as a member of the selection committee under Section 4(1)(e) of the Act.”
The SC rejected this argument stating that said appointment of lokpal and its members by the selection panel, without including the LoP, would be absolutely valid under the existing law.
Centre stated that a bill was pending in Parliament to include the leader of the largest opposition party in the selection panel when there is no LoP. It also said a parliamentary committee had approved inclusion of the leader of the largest Opposition party in the absence of LoP.
The apex court disagreed stating, "The Act, as it stands today, is an eminently workable piece of legislation and there is no justification to keep enforcement of the Act under suspension till the amendments, as proposed, are carried out,".
A bench of Justice Ranjan Gogoi and Justice Naveen Sinha said the law permitted selection of lokpal by a panel comprising the PM, the Chief Justice of India or a SC judge nominated by him and provided that absence of a member or a vacancy in the selection panel would not render the choice invalid. The court accepted the arguments of advocates Shanti Bhushan and Gopal Shankaranarayanan, who said lokpal could be appointed even without the amendment and alleged that the Centre was using pendency of the bill as a ploy to delay making the anti-corruption body functional.
Justice Gogoi, who wrote the judgment, said, "If, at present, the LoP is not available, surely, the chairperson and other two members of the selection committee, namely, the Speaker of Lok Sabha and the CJI or his nominee, may proceed to appoint an eminent jurist as a member of the selection committee under Section 4(1)(e) of the Act.”
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