Supreme Court Sets Deadline for Lokpal Appointment

• 18 Jan 2019

Recently, the Supreme Court has fixed a February-end deadline for the search committee on Lokpal to recommend a panel of names for appointment of the country’s first anti-graft ombudsman.

• Earlier in January, 2019 the government informed the Supreme Court that an eight-member search committee has been constituted in September 2018 headed by former Supreme Court judge, Justice Ranjana Prakash Desai.
• Other members of the search committee are:
  • Former chief of State Bank of India Arundhati Bhattacharya,
  • Prasar Bharati Chairperson A Surya Prakash,
  • Former Indian Space Research Organisation head A S Kiran Kumar,
  • Former Judge of Allahabad High Court Sakha Ram Singh Yadav,
  • Former Gujarat Police head Shabbirhusein S Khandwawala,
  • Retired IAS officer Lalit K Panwar, and
  • Former Solicitor General Ranjit Kumar.
• The government informed SC that because of lack of infrastructure and manpower due the search committee was not able to hold deliberations on the issue.

Background

• Though passed in 2014, the Lokpal and Lokayukta Act of 2013 was not implemented all these years because there was no Leader of Opposition (LoP) in the 16^th Lok Sabha.
• The Act intends the LoP to be the part of the selection committee of the PM, the CJI and the Speaker, which has to first appoint an eminent jurist among their ranks.
• However, on April 27 last year, the Supreme Court, in a judgment, clarified that the Lokpal appointment process need not be stalled merely due to the absence of the LoP.
• The court has for the past several months stated the government’s stand on Lokpal Appointment as unsatisfactory and constantly urging the government to complete the Lokpal appointment.

Lokpal and Lokayuktas Act, 2013

• To provide for the establishment of a body of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.
• It extends to the whole of India; It shall apply to public servants in and outside India.
• The Lokpal shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:—
  • Any person who is or has been a Prime Minister (except for certain exceptions with respect to matters related to security, international relations etc.)
  • Any person who is or has been a Minister of the Union or an MP.
  • Group A to D officers as defined in Prevention of Corruption Act, 1988.
• It shall be the duty of the Lokpal to present annually to the President a report to be laid before each House of Parliament.
• Every State shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Legislature.