The selection process for Lokpal was hit by yet another controversy when the Opposition accused the Government of violation of procedure in the wake of reports that eminent jurist Fali S Nariman has declined to be a member of the search committee.

News agencies reported that Nariman, in a letter to V Narayanasamy, Minister of State in the Prime Minister's Office, said that he declines the “honour” to be part of the committee. “In my humble view, this is no way in which an institution as vital and as important as the Lokpal is to be constituted,” Nariman was quoted as saying. “The chairperson and members of the Lokpal as ultimately selected may well be projected as democratically chosen by a broad consensus from amongst two levels of selectors (upper and lower), but it is precisely for that reason that I do fear that the most competent, the most independent and the most courageous will get overlooked,” he is said to have written.

Besides Nariman, other members chosen for the search committee reportedly are former Chief Election Commissioner SY Quraishi; Principal of Lady Shri Ram College, Delhi, Meenakshi Gopinath; educationist Mrinal Miri; former Chief Secretary of Andhra Pradesh, Kaki Madhava Rao; and senior journalist and Rajya Sabha Member HK Dua.

There was already been a controversy around the process when, in the appointment of the selection committee, Leader of Opposition Sushma Swaraj noted her objection to the appointment of PP Rao as an eminent jurist.

Reacting to the latest controversy, the Government argued that this does not halt the process of selection of the Lokpal. Narayanswamy said: “It is up to the person to accept whether they want to be on the selection panel or not. It does not mean that the procedure has not been followed. We can’t make an issue out of it. Some members have given their consent. The communication has been issued by our department.”

Once more instance The Opposition was quick to suggest that this is yet another instance of the government vitiating the selection process.

“The media informs us that one of the eminent members of the search committee, Fali S Nariman, has declined to accept the honour of being on the committee. Obviously, men of stature will not agree to become rubber stamps. The government had decided to pack the search committee with its supporters. Amongst the names suggested for the search committee were the names of government lawyers. Thus, only government lawyers from the legal fraternity and a de facto Congress spokesman from amongst the media were proposed on the search committee. Smt. Sushma Swaraj did not agree to these names. The government should realise that an institution does not belong to one political party,” said Leader of Opposition in the Rajya Sabha, Arun Jaitley.

“The more fair and credible institutions we create, the better it will be for the system. Marginalising the Search Committee or deciding to pack the Lokpal with ‘friendly names’ is not necessarily in the interest of the institution. The UPA has done enough damage to the CBI, CAG, PAC, JPC and the CVC. I hope, the Lokpal survives this assault,” he added.

Before this, in a letter to Prime Minister Manmohan Singh on January 20, Jaitley had written that “the very idea of retiring or sitting judges of the highest court having to move applications for a post-retirement assignment is repugnant to the dignity of the office that they have held. Retired judges who lobby with the establishment with their CVs compromise their self-respect and dignity. A job-seeking judge may not be the best person to be appointed as a member of the Lokpal. In any case, whether applications are to be invited or not has to be decided by the selection committee.”

But, he said, the government still went ahead and invited applications by February 7, 2014. “I know for a fact several sitting judges have refused to apply because they felt it compromised their dignity and self-respect. However, some others have forwarded their applications to their Chief Justices for being forwarded for consideration. The advertisement expects sitting judges in Paragraph 15 to send a detailed statement giving the CV including work experience and other achievements. In Paragraph 16 it expects judges to give a detailed justification as to how the applicant fulfils the conditions for the post applied for. This justification has to be written within 200 words. Who decided this procedure? It is certainly not the selection committee or the search committee but the Minister in charge of DoPT. He has no role under this Act. However, the DoPT has usurped a role to itself,” he added.

PM responds The PM has responded to this letter by saying that the recent advertisements inviting applications for posts of Lokpal chairman and members have not flouted any rule and these was brought out to ensure that the ombudsman is established at the earliest. “It is not correct to say that the decision regarding selection by inviting applications or otherwise can only be taken by the selection committee.

“While the selection committee shall be free to consider the names other than those recommended by the search committee, it does not necessarily follow that the search committee would be guided by the selection committee in the manner of selection of panel of names as Act clearly provides for rules to be framed in this regard,” he wrote.

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