Supreme Court raps govt over delay in Lokpal appointment

Govt was pulled up for failing to enact the amendment on its own and causing delay in instituting the anti-corruption body

The Supreme Court on Wednesday expressed its dissatisfaction with the delay in the appointment of Lokpal. Pulling up the government for the delay, the apex court also suggested an amendment to the Lokpal Act that will enable the leader of the opposition party to participate in the selection process. 

It rapped the government for failing to enact the amendment on its own and causing delay in instituting the anti-corruption body. The government could issue an ordinance to allow the leader of the largest opposition party to be in the selection committee, the court said.

The bench, headed by Chief Justice T S Thakur, was hearing a petition moved by the Common Cause that alleged that the Lokpal has not been appointed since two years because there is no recognised leader of the opposition in the parliament. The court remarked that the institution must be allowed to function and the law should not be left redundant. An impression should not go around that the government is not interested in implementing it, the bench said.

Attorney General Mukul Rohtagi, defending the government said that the appointment of the leader of the opposition takes place after following due process in the parliament. A party must have at least one-tenth of the strength of the Lok Sabha for making the appointment. Currently, no party fulfils the criterion and therefore the selection committee could not institute the Lokpal, said Rohatgi.

Senior counsel Shanti Bhushan, however, contended that the government was deliberately stalling the appointment because it has no political will to enforce the law passed two years ago.

The government has amended four other legislations to allow the largest opposition party to be represented by its leader. But in the case of Lok Pal, it was dragging its feet because it wanted to defeat the law, which was passed after a long struggle by the people.

He urged the court to read down the law to enable the leader of the largest opposition party to be in the selection committee. If the government would not do it, the court should intervene and let the law be implemented, he said.

The Attorney General vehemently protested against this request, saying that the Act had been forwarded to a select committee that had suggested a slew of reforms and hence a lot of time had passed. The court later adjourned the hearing for next month.