Problems with procedure in appointment of Lokpal

Problems with procedure in appointment of Lokpal

The supreme courts ultimatum to the centre to appointment of Lokpal within a given time frame, and the subsequent appointment of the first Lokpal in the country, is to be welcomed.

Problems with appointments:

1) Neither transparent or fair:

• When the matter was argued in the supreme court, advocate Prashant Bhushan asked for the names of those who had applied for the post.
• This suggestion was shot down during the argument.
• Did former Supreme Court judge, justice Pinaki Ghosh, apply even though he was a member of National Human Rights Commission at the time?

2) Section 4(3):

• Section 4(3) of the Lokpal and Lokayukta act of 2013 states that The selection committee" may also consider any person other than the persons recommended by the search committee"
• This makes the procedure futile.
• The selection committee was to lay down the criteria for appointment and decided by the majority in cases of difference of opinion.
• The public is entitled to know the list proposed by the search committee.

3) Background of members:

• Justice Pinaki Ghosh is not known for any path breaking judgements, so it is curious why he was chosen over other retired judges, specially as he was already a member of the NHRC.
• No less than a sitting judge could have been offered this post.
• The question is, should IAS and IPS officers be appointed, especially since they have to deal with fellow officers?
• The field was wide open from non government sectors as well.

It is supposed to be an anti corruption institution. much will depend on how it is used and against whom.