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The Supreme Court on Friday asked the Centre to decide by September 9 on the status of Leader of Opposition (LOP), to represent the Lokpal selection committee. The apex court also made it clear that the Lokpal legislation could not be put into cold storage.
A three-judge Bench of Chief Justice RM Lodha and Justices Kurian Joseph and Rohinton Nariman told Attorney General Mukul Rohatgi that the law cannot not be rendered ineffective due to a governmental delay in taking a decision.
The Bench was hearing a writ petition filed by NGO Common Cause challenging the provisions of Lokpal Act and its rules.
Even as the AG submitted that the Centre is reviewing the entire Lokpal Act and its rules, the CJI said: “The court will interpret the term ‘Leader of Opposition’ under the Lokpal Rules on next date of hearing since the Lokpal selection panel has envisaged LOP as one of the five members.
“If the Government fails to resolve the LOP issue, the court may give a larger interpretation to the term LOP so that it may include the leader of the largest party or the leader of the larger group.” The CJI wondered whether any selection could be fair without the LOP in the Lokpal selection panel.
He said: “We are not waiting for any amendment or any session of Parliament.
“We will interpret it if the Government does not do it by the next date of hearing. The Act cannot be kept in cold storage if problems have emerged.”
Citing the Mavlankar rule framed in 1950, the Speaker had refused LOP status to the Congress, which has only 44 MPs, against the 55 required to gain LOP status. Counsel Prashant Bhushan, appearing for Common Cause, said: “Why such a rule should prevail now? If the LOP is not there, the leader of the single largest party can be considered.”
The CJI said: “LOP holds a significant position in House of People. LOP is a voice representing views contrary to the Government. “The very position of selection committee will create legal problems in the absence of LOP. Parliament may not have envisaged such a situation but it now needs to be interpreted so that the process is fast-tracked.
Objective consideration“The issue needs objective consideration in view of the current political situation. The issue of LOP is relevant not only in Lokpal law but also in other existing legislations and it cannot be prolonged.”
The CJI said efforts should be made to expedite the Lokpal selection process and posted the matter for further hearing on September 9.
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