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Q. Supreme Court on Lokpal appointment issue: Discuss the Supreme Court’s view point on the issue of appointment of Lokapal.
May 02, 2017 Related to : GS Paper-2

Ans :

Recently the Supreme Court of India has opined that, the Lokpal and Lokayukta Act of 2013 an eminently workable piece of legislation, which provides for the appointment of Lokpal chairperson and members even in the absence of a recognised Leader of Opposition (LoP).

Issue in appointment of Lokpal-

  • Under the Lokapal Act, the appointments to Lokpal is made by a high-level selection committee of the Prime Minister, Lok Sabha Speaker, LoP, Chief Justice of India and an eminent jurist chosen by them. 
  • The fact that the 16th Lok Sabha does not have a recognised LoP, as no opposition party got the required 10% membership in the Lok Sabha post 2014 parliamentary elections. Hence the post of Lokpal is not appointed and it also stalled the implementation of the Lokpal Act.


  • The government is arguing that appointments of  Lokpal chairperson and members is not currently possible, and would have to wait till the 2013 Act is amended to replace the LoP with the single largest Opposition party leader.
  • The Supreme Court while analysing the issue highlighted India's commitment to 'zero tolerance against corruption,' the court said an existing law cannot be put on hold merely because the Parliament is working on a better law.
  • The court pointed out sub-section (2) of Section 4 of the Lokpal Act, which makes it clear that an appointment of the chairperson or members of Lokpal will not be invalidated merely because one of the members of the selection committee.
  • Hence the court has ruled that the Lokpal Act 2013 as an eminently workable piece of legislation and there is no justification to keep the enforcement of the Act under suspension till the amendments, as proposed, are carried out.
  • Now the ball in governments court and it should not wait till amendments to be made to 2013 Lokpal act, instead it should appoint the Lokpal and its members and implement the much needed Lokpal act to fight against corruption. 


The process of appointment and implementation of Lokpal act is vacant since passage of Lokpal act by Parliament. Government is not implementing the act by saying the the post of LoP is vacant and it is arguing that it will bring amendments to the act soon. But as pointed out by Supreme Court, the government should not wait till it brings amendments, and it should start implementation process of much desired act which intends fight against corruption.   

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