New Delhi : Modi government cannot keep Lokpal act in cold storage, Supreme Court says


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New Delhi, Aug 22, 2014 : The Supreme Court has criticized Narendra Modi government for keeping the Lokpal act in limbo for a long time.

 

The apex court has said that an important law like this can not be kept in cold storage. SC has also asked the government for its view on the selection panel comprising the Prime Minister, Speaker of Lok Sabha and leader of opposition in Lok Sabha.

 

SC hinted that a situation has arisen where there is no leader of opposition but it also questioned the government whether any selection can be fair without the leader of opposition.

 

The Centre, on its part has said that it is undertaking substantial review of Lokpal act and rules to address many concerns but has not clarified whether it would allow the leader of the largest party in opposition to be part of the Lokpal selection panel.

 

 

The Supreme Court has given 4 weeks to the government to come back with its response on amending Lokpal Act to permit the participation of the leader of the largest party in opposition in the selection panel.

 

SC to interpret LOP provision

 

The Supreme Court agreed to interpret leader of opposition (LoP) provision for the purpose of appointment of Lokpal in which LoP is a selection committee member and asked the Centre to make its stand clear within two weeks. 

 

Emphasizing the importance of the post, a bench headed by Chief Justice R M Lodha said leader of opposition conveys the voice of a representative different from government in the House. 

 

It said LoP is a very important component (under Lokpal law) and the issue needs objective consideration in view of the current political situation where at present there is no leader of opposition in the Lok Sabha.

 

The bench also observed that the issue of LoP is relevant not only in Lokpal law but also in other existing and incoming legislations. 

 

It said the issue cannot be prolonged and the act cannot be put in cold storage, while posting case for final disposal for September 9. 

 

Congress, as the second largest party in the Lok Sabha with 44 seats, has been making a strong bid for the LoP post but the ruling BJP has not acceded, saying the opposition party does not have the requisite 10 per cent seats which meant it needed 55 to stake claim.



Comments on this Article
Benedict Noronha, Udupi / India Fri, August-22-2014, 4:43
It is unfortunate that the Political leaders take pride into their heads forgetting the common simple principles of law and democracy. If there should be improvement, there must be a sort of adjustment and good will. If several decades ago some thing was done and that is to be followed why should there be generators when power fails? If the practice of LOP was to a party upto atleast 10 % of the number of members, in the present context of coalition of parties like NDA, UPA etc and the coalition or joint/ understanding is before the elections, that arrangements must be respected. In that situation UPA has got more that 55 members and UPA must be the recognized opposite party and within them the party with large contribution of members must be given the LOP is a common thinking. If NDA respects this, there cannot have problem. The problem is in reasoning it out. During 1984 or earlier such an arrangement of coalition was not there before elections and so was the thinking. If there is no improvement in thinking and behaviour except divisive attitude then Judiciary has to intervene. In India now a days more of such events take place because of small thinking.Judiciary is to decide.
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