The Hindu : SC ruling on appointment of Lokpal

Online edition of India's National Newspaper
Friday, Oct 11, 2002

National

National

SC ruling on appointment of Lokpal

By J.Venkatesan

NEW DELHI Oct. 10. The Supreme Court has held that in the appointment of Lokpal of a State, the consultation of the Government with the Chief Justice of the High Court is mandatory and his opinion will have primacy.

A Bench comprising Justice M.B. Shah and Justice D.M. Dharmadhikari gave this ruling while upholding the appointment of Justice K.P. Mohapatra as Lokpal of Orissa.

Referring to the consultation with the Opposition Leader envisaged under the relevant provisions, the Bench said "the nature of consultation with him is to apprise him about the proposal of selecting a person to the post and also to take his views on the said proposal. However, the opinion rendered by the Opposition Leader is not binding on the State Government and he would have no power to recommend someone else for the said post".

In a public interest litigation, the Orissa High Court set aside the appointment of Mr. Mohapatra on the ground that there was no effective consultation with the Leader of the Opposition. The present special leave petition by Mr. Mohapatra was directed against this judgment.

Allowing the appeal, the Bench said that the Chief Justice would be the best person for proposing and suggesting a person for being appointed Lokpal. His opinion would be totally independent. The Leader of the Opposition would be entitled to express his views and point it out to the Government. This, however, would not mean that he could suggest some other name and the Government was required to consider it. The Bench, therefore set aside the High Court judgment and upheld the appointment of Justice Mohapatra.

Printer friendly page
Send this article to Friends by E-Mail

National