Not in race for Lokpal, says Justice Lodha

Justice Lodha, who is scheduled to retire in September, will have five months as Chief Justice of India after CJI P Sathasivam retires on April 26.

The Indian Express had reported that CJI Sathasivam is understood to have nominated his senior colleague Justice H L Dattu to the Lokpal selection committee. Justice Dattu is the third in seniority in the Supreme Court after the CJI and Justice Lodha. With Justice Dattu nominated to the selection panel, both Chief Justice Sathasivam and Justice Lodha will be eligible to become Lokpal.

The Lokpal Bill provides for a selection committee consisting of the Prime Minister, the Lok Sabha Speaker, the Leader of Opposition in Lok Sabha, the CJI or “a sitting Supreme Court judge nominated by the CJI”, and a fifth member selected by these four members. This five-member selection committee will choose Lokpal and other members.

According to the Bill, the fifth member will be an “eminent jurist” who will be nominated by the President on the basis of recommendations of the first four members of the committee “through consensus”. The appointment of the eminent jurist is significant because this member may tilt the balance in case of a tie.