Question : Appointment of Lokpal

(a) whether the Government has not taken steps to appoint Lokpal till date despite Supreme Court order and if so, the details thereof and the reasons therefor; and
(b) the time frame for appointing the Lokpal?

Answer given by the minister

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)

(a) & (b): The Lokpal and Lokayuktas Act, 2013(1 of 2014) as brought into force w.e.f.16.01.2014 for establishing of a body of Lokpal at the Centre and Lokayuktas in the States, requires some amendments, inter-alia, so as to provide for situations where the composition of the Selection Committee is deficient/incomplete due to absence of Leader of Opposition in the Lok Sabha, etc. Accordingly, Lokpal & Lokayuktas and other related law (amendment) Bill 2014 was introduced in Lok Sabha on 18.12.2014. The same was referred to the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law & Justice for examination & report. The Committee has submitted its report in the Parliament on 07.12.2015. The varied recommendations made in the said report inter-alia making recommendation relating to architecture of anti-corruption institution of the country. Government has constituted an Inter Ministerial Committee and six meetings of the said Inter Ministerial Committee (IMC) have already been held. Further, in view of the Apex Court’s decision in the matter of Common Cause- a registered society, wherein it was observed that the law as it stands today is an eminently workable piece of legislation, the Selection Committee was reconstituted as per the statutory provisions of the Lokpal and Lokayuktas Act, 2013. Upon the recommendations of the Selection committee, Hon’ble President has nominated Shri Mukul Rohatgi, former Attorney General of India as “Eminent Jurist” as Member of the Selection Committee to fill the vacancy caused due to passing away of Shri P.P. Rao.

Six meetings of the Selection Committee under section 4(1) of the Lokpal and Lokayuktas Act, 2013 have been held under the chairmanship of Hon’ble Prime Minister as part of the due process of appointment of Chairperson and Members of the Lokpal in terms of the relevant provisions of the Lokpal and Lokayuktas Act, 2013, i.e. as per the provisions of section 3 of the said Act.


Contd.P.-2/-
-2-


In its sixth Meeting held on 19th September, 2018, a Search Committee comprising of eight (8) Members has been constituted. Smt. Justice Ranjana Prakash Desai has been nominated as the Chairperson by the Selection Committee.

The Search Committee has the responsibility of preparing panel(s) of names to be considered for being appointed as Chairperson and Members of the Lokpal, by the Selection Committee. The Search Committee, in terms of the provisions of sub-rule (3) of rule 3 of the Search Committee (Constitution, Terms and Conditions of Appointment of Members and the Manner of Selection of Panel of Names for Appointment of Chairperson and Members of Lokpal) Rules, 2014, may, for the purpose of shortlisting of persons, adopt such short-listing norms as it may be considered appropriate. In terms of provisions of rule 11(1) of the Search Committee (Constitution, Terms and Conditions of Appointment of Members and the Manner of Selection of Panel of Names for Appointment of Chairperson and Members of Lokpal) Rules, 2014, it is for the Selection Committee to decide the time period within which the Search Committee is requested to submit a panel or panels of names as the case may be, for consideration of the Selection Committee.

*****

Download PDF Files