No Lokpal in Punjab for 2 weeks, AAP: ‘not even 15 days…will appoint one soon’

In Punjab, a Lokpal is appointed by the Governor on the advice of the Chief Minister. According to the Punjab Lokpal Act, 1996, the selection panel for the Lokpal comprises the Chief Minister, the Speaker of the Punjab Vidhan Sabha and a judicial member. The judicial member may be Chief Justice of India if the appointee is top court judge or the Chief Justice of the Punjab and Haryana High Court if the appointee is from the high court.

As things stand, the state government can get two votes including that of the CM and the Speaker in Hasnain’s favour, but, a source privy to the ongoing deliberations, said, “If Chief Justice Sheel Nagu (of the high court) were to recommend a name, the government would not like to antagonise him”.

Contacted, AAP senior spokesperson Neel Garg said, “We will soon appoint the next Lokpal. It has not been 15 days yet”.

The AAP had been a strong votary of Jan Lokpal Bill even before it had announced to contest Delhi Assembly elections. Later, while contesting the elections for the first time, AAP national convener Arvind Kejriwal had promised a Jan Lokpal Bill for Delhi. However, the Bill never saw light of the day in the two terms that it ruled over the national capital. The Jan Lokpal Bill had become a key election issue in Delhi ahead of 2025 Assembly elections in February. The AAP, which had secured 67 out of 70 seats in 2015 polls and 62 in 2020, lost the elections to BJP. The AAP secured 22 seats against BJP’s 48.

In Punjab, the Chief Minister and Cabinet minister do not come under the ambit of the Punjab Lokpal Act, 1996. The Act provides for secure proper investigation of inquiry against public men to ensure eradication of corruption, adherence to the rule of law by observing rules of natural justice. As per the Act, the definition of public men is wide. It includes ministers, deputy minister, chief parliamentary secretary, parliamentary secretary. The Act, in its current form, allows Lokpal only to take note of complaints of corruption against public servants.

The previous Congress government led by Capt Amarinder Singh had promised to bring Chief Minister and the ministers under the ambit of the Act and had prepared a draft Bill to amend the Act, but it was put in the cold storage after some ministers protested against the changes.

As per the Act, the Lokpal holds the office for a term of six years. The term cannot be curtailed as Lokpal enjoys statutory protection. He can be removed from the office by the Governor on the ground of mis-behaviour or incapacity after inquiry by a judge of the Supreme Court or a Chief Justice or a Judge of High Court. After quitting office, the Lokpal is not eligible for further employment under the state government.

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