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Supreme Court order on Lokpal

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April 29, 2017

Why in news?

The Supreme Court recently ordered on the appointment of the Lokpal.

What is the order about?

  • Leader of Opposition (LoP) in Lok Sabha is a part of the selection committee of Lokpal.
  • The second largest part in Lok Sabha should have at least 10% of the total LS seats in order to get the status of Opposition Party.
  • There is no LoP in the current House, since the Congress does not have the required 10% seats.
  • An amendment has been proposed to substitute the position of the Leader of Opposition in Lok Sabha with the leader of the single largest opposition party on the selection committee.
  • The Court order clarified that The Lokpal can be appointed under the Lokpal and Lokayuktas Act, 2013, without waiting for then amendment.
  • The court clarified that there is no justification to keep the enforcement of the Act under suspension till the amendments are carried out.

What should be done?

  • It is time for a Lokpal in India. 
  • But equally, it is crucial that the institution should be fair and independent, that it should rise above partisan political interests and be insulated from government interference.
  • In this context, the presence of the LoP on the selection committee, alongside the PM, LS Speaker, Chief Justice of India or his nominee and an eminent jurist, is enormously important.
  • It is a real and symbolic assurance of the institution’s autonomy from the ruling regime.
  • The court order is also against the principle of separation of powers that is so fundamental to a constitutional democracy.

 

Source: The Indian Express

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