Can’t keep hanging, pick Lokpal without Leader of Opp: SC

THE SUPREME Court ruled on Thursday that the Lokpal could be appointed even in the absence of a Leader of Opposition in the Lok Sabha. Stating that the Lokpal and Lokayuktas Act, 2013 is an “eminently workable piece of legislation”, the court said “there is no justification to keep the enforcement of the Act under suspension till the amendments, as proposed, are carried out”.

Under the Act, the Lokpal has to be appointed by a selection committee comprising the Prime Minister, Lok Sabha Speaker, Leader of Opposition in the Lok Sabha, Chief Justice of India or his nominee, and an eminent jurist. But since the Congress does not have the required 10 per cent of the total seats in the Lok Sabha, it has been denied the Leader of Opposition’s status.

“If, at present, the Leader of Opposition is not available, surely, the chairperson and other two members of the selection committee, namely, the Speaker of the Lok Sabha and the Chief Justice of India 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,” held a bench of Justices Ranjan Gogoi and Navin Sinha.

The bench maintained that the government does not need to wait for the law to change so that the position of Leader of Opposition in the selection