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This is an archive article published on January 18, 2019

Supreme Court sets Feb-end as deadline for names to select a Lokpal

Calling the Lokpal and Lokayuktas Act, 2013 an eminently workable piece of legislation, the Supreme Court in 2017 said there was no justification to keep its enforcement suspended till certain amendments were cleared by Parliament

Supreme Court sets Feb-end as deadline for names to select a Lokpal The bench was hearing a plea filed by NGO Common Cause, seeking initiation of contempt proceedings against the government for delaying the appointment of the Lokpal despite a court order.

The Supreme Court Thursday “requested” the Lokpal search committee, constituted to suggest names for appointment of the country’s first anti-corruption ombudsman, to complete its task and submit a panel of names by February-end.

A bench of Chief Justice of India Ranjan Gogoi and Justices L Nageswara Rao and S K Kaul also directed the government to provide all infrastructure and facilities that the panel requires to complete its job.

The bench was hearing a plea filed by NGO Common Cause, seeking initiation of contempt proceedings against the government for delaying the appointment of the Lokpal despite a court order.

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On January 4, the Supreme Court had asked the Centre to apprise it on the steps taken so far to set up a search committee for selection of the Lokpal.

CJI Gogoi told Attorney General K K Venugopal, who appeared for the government Thursday, that a search committee headed by a retired Supreme Court had been set up last September. He sought to know “between September and now, how many times has the committee met”.

Explained
Ombudsman not far away

The deadline for the Lokpal search committee is a significant step in the direction of establishing the anti-graft watchdog. Names suggested by the panel will be vetted by a committee comprising the PM, Speaker, CJI, Leader of Opposition in Lok Sabha, and an eminent jurist.

The Attorney General replied it had met Wednesday and cited difficulties in the form of lack of infrastructure and staff. He said though money had been allotted, the committee was yet to get a premises or staff.

Venugopal said it would be better for the committee to have a secretariat so that the court could issue directions to it from time to time. The bench then asked if the committee had fixed a time schedule to fulfil its task. Venugopal replied in the negative, following which the court came out with the directions.

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Calling the Lokpal and Lokayuktas Act, 2013 an eminently workable piece of legislation, the Supreme Court in 2017 said there was no justification to keep its enforcement suspended till certain amendments, including one on the issue of the Leader of Opposition in Lok Sabha being a member of the selection committee, were cleared by Parliament. The 2017 direction also said that the Act “does not create any bar to the enforcement of the provisions”.

Read: CJI advice to Prashant Bhushan: Be positive, world will be a better place

Under The Lokpal and Lokayuktas Act, 2013, the Lokpal chairperson will be a serving or former CJI/Judge of the Supreme Court or an eminent person “of impeccable integrity and outstanding ability” with domain knowledge, expertise of not less than 25 years.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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