PIL before Supreme Court to constitute search committee to appoint Lokpal

On 24 September 2015, Supreme Court of India will hear a PIL petition seeking a direction to the Union of India to immediately constitute a search committee under the Lokpal & Lokayuktas Act, 2013 so that appointment of the Lokpal can take place.

The petition filed by group Youth for Equality will be heard by a bench of Justices TS Thakur and V Gopala Gowda.

A PIL petition – Common Cause v. Union of India (Writ Petition (C) No. 454 of 2014) is pending before the Supreme Court which seeks quashing of the entire selection process for appointment of Chairperson and Members of the Lokpal initiated under the Rules framed under the Lokpal and Lokayuktas Act, 2014. Court had issued notice to the Union of India in the aforesaid PIL on 31 March 2014.  The petition which was last heard on 28 August 2015 is expected to be listed for next hearing on 29 September 2015.

PIL Petition

PIL makes the following prayer:

Issue a writ in the nature of a mandamus to the Respondent to immediately constitute a Search Committee under the Lokpal & Lokayuktas Act, 2013 for the appointment of the Lokpal. etc.

What does the Act say

Section 4 of the Lokpal And Lokayuktas Act, 2013 [Act No. 1 of 2014] provides:

Section 4 – Appointment of Chairperson and Members on recommendations of Selection Committee

(1) The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of:

(a) the Prime Minister–Chairperson;
(b) the Speaker of the House of the People–Member;
(c) the Leader of Opposition in the House of the People–Member;
(d) the Chief Justice of India or a Judge of the Supreme Court nominated by him–Member;
(e) one eminent jurist, as recommended by the Chairperson and Members referred to in clauses (a) to (d) above, to be nominated by the President–Member.

(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Selection Committee.

(3) The Selection Committee shall for the purposes of selecting the Chairperson and Members of the Lokpal and for preparing a panel of persons to be considered for appointment as such, constitute a Search Committee consisting of at least seven persons of standing and having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management or in any other matter which, in the opinion of the Selection Committee, may be useful in making the selection of the Chairperson and Members of the Lokpal:

Provided that not less than fifty per cent. of the members of the Search Committee shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women:

Provided further that the Selection Committee may also consider any person other than the persons recommended by the Search Committee.