The Supreme Court on Wednesday expressed disappointment with the Centre not having appointed a Lokpal despite Parliament enacting a law in this regard in January 2014. While the Centre said an amendment Bill was pending in Parliament to include the leader of the largest Opposition party, a Bench headed by Chief Justice TS Thakur said that Parliament, by not amending the law, cannot frustrate the mandate for appointment of the Lokpal.
‘Judicial legislation’
The Bench, also comprising Justices DY Chandrachud and L Nageswara Rao, asked Attorney General Mukul Rohatgi as to why the court could not pass an order to include the Leader of the largest Opposition party in the Lokpal selection committee.
The Bench posted the matter for further hearing on December 7, when the AG would come back with instructions.
Rohtagi told the Bench that any order by the court in the present situation would amount to judicial legislation.
Senior advocate Shanti Bhushan appearing for NGO Common Cause, said that the Lokpal Bill had been passed after a long struggle, and alleged that the government was not doing anything.
“We don’t have Lokpal even today despite the Act being notified in 2014. Even jurist has not been appointed and the will of people is being frustrated. Do you require another Anna andolan (agitation)?” Bhushan asked.
He said the apex court has to interpret the Lokpal Act to recognise the leader of the largest Opposition party as the Leader of the Opposition.
Govt’s contention
Rohatgi said that as per provisions, the largest opposition party has to have a certain number of MPs in Parliament to claim the post of the Leader of the Opposition. The government was therefore amending the Act to include the leader of the largest opposition party in the selection committee.
To this, Bhushan said the delay was a deliberate political trick, and that no Lokpal would be appointed. “There is a lack of political will. They will not pass this bill. The court should direct the first meeting of the committee to select the jurist,” Bhushan said.