[Bodies] Lokpal Selection Rules No. 10, Search Committee, Selection Committee, SC verdict

Subscribepolity121 Comments

Neostencil IAS

What is the Relevance of this issue with UPSC Mains exam?

  • (GS2): Statutory, regulatory and various quasi-judicial bodies
  • (GS2): transparency and accountability
  • (GS4): challenges of corruption

Timeline / Sequence of events

December 2013: Lokpal and Lokayukta act passed. Lokpal will consist of

  • one chairman
  • Four judicial members
  • Four non-judicial members

2014, January 1: President gave assent to this bill.
2014, May week1: NGO-petition against Lokpal selection rules (Rule 10) in SC.

Problem with Existing Provisions (Rule 10)

Lokpal selection rule

Lokpal “recruitment” involves two Committees
Search Committeeselection Committee
They’ll shortlist the eligible candidates for selection as Lokpal chairman and members.Will decide the final names.
Search Committee will have 1 chairman + 7 members from following professional categories (total 8 people)total five people
  1. administrators
  2. representatives of the law enforcement agencies
  3. bankers
  4. judicial officers
  5. legal professionals
  6. eminent persons in public life
  1. Prime minister
  2. Speaker, Lok Sabha
  3. Leader of Opposition, Lok Sabha
  4. Chief Justice of India CJI OR a judge nominated by him
  5. One Eminent Jurist.
at least 50% members of search Committee will be SC, ST, OBC, minorities and women.no such reservation
  • As per the rules, search Committee can to shortlist candidates only from the list given by Central government!
  • so there is no freedom in searching!
  • only those who’re in the ‘good books’ of ruling party, they’ll get shortlisted.
  • When Lokpal is selected among such candidates, he is less likely to be impartial and strict while dealing against political corruption.
  • Thus, entire process is illegal, arbitrary and against Article 14 of the constitution
Selection Committee has two options

  1. We can Select toppers(!) among the shortlisted candidates by search Committee.
  2. we can even select people not shortlisted by the search Committee.
  • Justice KT Thomas: quits the Search Committee post because selection Committee can pick even outsiders also. then what’s the point of shortlisting?
  • Legal expert Fali Nariman: declined to join as member of search Committee for all these stupid rules
  • Govt. chose a practicing lawyer (PP Rao) as an eminent jurist.
  • Now, four sitting judges of supreme court are in race for to be chosen as Lokpal.
  • So, there would be conflict of interest when a practicing lawyer has to select a sitting judge of Supreme Court.
  • No transparency. At least names of eligible candidates should be put on website one week before final selection.
  • Government even reduced “Work-experience” criteria for shortlisting candidates.

 

Outcome of NGO petition?
Supreme court observed(UPA) government replied
Selection process is made in such way that it’ll undermine the independence and autonomy of the Lokpal.
  • we’ll re-examine the section rules
  • in the meantime, We’ll not appoint any lokpal chairman or member (this will be done after new government is elected i.e. Modi).

June 15, 2014: Modi government began reforming search/selection rules of UPA government. Department of Personnel and Training (DoPT) working on this.

Mock Question

Q3. Correct statements about Lokpal

  1. It’s 9 person’s body. Four of which, have to be judicial members and among them one must be an eminent jurist.
  2. Eminent jurist in the Lokpal selection panel is nominated by CJI.
  3. Law Secretary acts as the convenor cum member Secretary of the Lokpal search Committee.

Answer choices

  1. only 1 and 2
  2. only 2 and 3
  3. only 1 and 3
  4. none of them

Interview Question: What is the present mechanism for selection of Lokpal? Why did Supreme Court find deficiencies in it?

Mrunal recommends

  1. (free) NCERT, NIOS, TN-Books 4 History,Geo,Sci
  2. Indian Polity M.Laxmikanth (Hindi | English)
  3. Spectrum: Modern History (Hindi | English)
  4. Maths: Quantam CAT Sarvesh Kumar
  5. Objective General English SP Bakshi
  6. Word Power made Easy -Norman Lowe
  7. Topic wise Solved Paperset by Disha

121 Comments on “[Bodies] Lokpal Selection Rules No. 10, Search Committee, Selection Committee, SC verdict”

  1. upsc form submission me photo , sign ke dimension exactly same (size in KB + pixel ) hone chahiye

    1. @anamica, not exact. it should be equal to or less than that much dimension.

  2. 120th constitutional amendment bill is passed in RS, so how has it lapsed on dissolution of LS if it wasn’t introduced in LS at all?
    for lapsing/continuing of bill, there are 6 scenarios as mentioned in M. Laxmikanth. in above case, the bill shouldn’t have lapsed just like some other pending bills like Women Reservation bill which has been passed by RS long ago but hasn’t lapsed…mrunal sir, pls clarify

    1. Both the bills have lapsed. Since they were passed by RS and then transmitted to LS. check again the women reservation bill for your satisfaction

    2. Parliamentary procedure specifies that a bill introduced in the Lok Sabha will lapse at end of its term if it is pending passage in either house of Parliament. A bill introduced in the Rajya Sabha and passed by it will also lapse if it remains pending in the Lok Sabha at the end of its term.
      For your information, Women reservation bill has been lapsed due to the fact that it was passed by RS but pending in LS.

  3. Please suggest some practice set for cast.
    My previous score (2013) in csat

  4. Please suggest some practice set (from where can I get) and strategy for CSAT.
    My previous score (2013) in CSAT is 135, I want to improve my score this time.

    1. My Score in CSP 2013, Paper II (CSAT) is 135, I want to get it improve this time, so please suggest me some practice papers.

      1. 135 is fine score. improve the sections in which you have negative marking see the keys uploaded by UPSC & compare that with yours. & improve those areas. this will help. after that take as many mocks as possible & go for time management.

  5. Dear Mrunal sir,

    Please elucidate upon the GST model of taxation via an article or if there is already an article please provide me the link.Thanks in Advance

  6. UP REVIEW OFFICER PRE 2013 COMES OUT

  7. sir, it will be a great help if u compile all the latest nsso data…. or is it not necessary..

    1. Rishu,
      some brief facts related to NSSO will be covered under economic survey.
      otherwise who spends how much money on mobiles and food…that type of GK is rarely asked in UPSC.

  8. excellent again sir!!!!!!!!! you are too too good!!!!!

  9. In JAC panel ,who selectstwo SC judges??

    1. Chief justice of india

      1. Isn’t it two senior most judges? Then what is the need to select, they are automatically selecetd like CJI??

  10. Mrunal Sir; Please upload topper interview with Sociology subject….

  11. If NaMo booked under section 126A of RPA,den why had he been given clean chit on ground dat press conference was outside 100m from polling booth? bcoz it comes under section 130…

  12. dear sir, jt. p sathashivam has not opined the 3rd point in the difference of opinion (In last 20 years we saw 16 CJI…..), i believe it was arghya sengupta’s point of view in the article appeared in “THE HINDU” on 5th may.

  13. thank you sir…

  14. Thankyou Mrunal for the right guidance and immense motivation to UPSC dreamers! Can you please suggest me how to handle the comprehension part, i find it too boring and time consuming ! Thanks in advance !

  15. what is ” concerned authority” in supreme court judgement on govt interference on CBI.(SECTION 6A).

  16. IS the CBI Special court is constituted for particular cases on the order of court or through the Ministry order??

  17. The Department of Personnel and Training has notified amendments giving autonomy to the Lokpal search committee to shortlist and recommend names independently (of DoPT) for selection of Chairman and members.

Leave a Reply

Your email address will not be published. Required fields are marked *