Monday, August 25, 2014

CVC, RTI Acts may show the way in resolving LOP muddle in Lokpal selection

Times of India: New Delhi: Monday, 25 August 2014.
As the government mulls the Supreme Court's suggestion to recast Lokpal rules to give the opposition a say in selection of the ombudsman even if there is no recognized leader of opposition, existing provisions in the Central Vigilance Act and Right to Information Act to deal with the eventuality of a vacancy in LOP's post may offer a solution.
Under the two Acts, the appointments of central vigilance commissioner (CVC) and vigilance commissioners and that of central information commissioner (CIC) and information commissioners must be made on the recommendation of a high-powered committee, of which leader of opposition in Lok Sabha is a part. However, an explanation to the provisions dealing with composition of this high-powered committee states that where no leader of opposition has been recognized, the leader of the single largest opposition party may be deemed as LOP.
Therefore, if the government agrees to give leader of the single largest opposition party the same say as LOP in selection of Lokpal, it will only be in keeping with what is already the case with regard to CVC and CIC and what is now proposed for the National Judicial Appointments Commission (NJAC).
Incidentally, the department of personnel and training (DoPT) had earlier flagged the "gaps" in the Lokpal Act, in contrast to the CVC Act, 2003 and RTI Act, 2005, in that it did not provide for a scenario where no person is recognized as LOP in the House of the People.
While discussing a revision in Lokpal Act rules with the law ministry to allow flexibility to the search committee to include names other than those recommended by DoPT, then personnel secretary S K Sarkar had sought to know if going ahead with appointment of Lokpal in the absence of an LOP would entail a legal challenge. DoPT had enquired if Lokpal rules needed to be revised in line with the CVC Act and RTI Act to recognize leader of the single largest opposition party in Lok Sabha as LOP.
According to an explanation to Section 4(1) of the CVC Act, which lists prime minister, home minister and LOP as members of a committee for appointment of CVC/VCs, "the leader of opposition in the House of the People shall, when no such leader has been so recognized, include the leader of the single largest group in opposition of the government in the House of the People".
Similarly, an explanation is appended to Section 12(3) of the RTI Act - according to which CIC must be appointed by a committee comprising prime minister, LOP and a Union minister to be nominated by the PM - stating that "where the leader of opposition in the House of the People has not been recognised as such, the leader of the single largest group in opposition of the government in the House of the People shall be deemed to be the leader of opposition".
Even Article 124(A) sought to be inserted in the Constitution to provide for NJAC states that the two eminent persons represented on NJAC will be nominated by the committee comprising prime minister, Chief Justice of India and the LOP or "where there is no such leader of opposition, then, the leader of single largest opposition party in the House of the People".