Judges need not apply to be on Lokpal panel, govt tells court

Summary

Centre agrees to amend rules and puts on hold appointments.

The Supreme Court Monday urged the Centre to bring the rules on the Lokpal in consonance with the law and “not complicate it unnecessarily” even as the government said the judges need not formally send applications for the posts in the Lokpal panel anymore.

Agreeing to amend the norms, the government said it will not proceed with the appointments in the Lokpal pa-nel till the rules are amended.

“Rules must be implemented and they have to be brought in conformity with the framework of the (Lokpal) Act. Whosoever is eligible is eligible. Why do you complicate it unnecessarily? All the rules have to be in conformity with the Act. Change it wherever it is required,” said a bench led by Chief Justice of India R M Lodha.

Meanwhile, Solicitor General Mohan Parasaran informed the bench that the government was set to review and amend the rules for the selection process of the judges of the Supreme Court for positions in the Lokpal panel.

He produced a letter before the bench, also comprising Justices Madan B Lokur and Kurian Joseph, stating that the judges need not apply for the posts of chairman and the members of the Lokpal panel anymore. “Having regard to the need to ensure that the best talents available in the relevant fields are duly considered by the Search Committee, government feels that the Search Committee should be empowered to consider such eminent persons on their own; without having to submit any applications/nominations,” stated the letter from Cabinet minister V Narayansamy.

The communication highlighted the judges may have reservations in submitting their applications to the Department of Personnel and Training (DoPT), “particularly having regard to the pre-eminence of the positions held by them”.

It has been decided to empower the Search Committee to consider any person other than the list furnished by the DoPT for appointments. Former SC judge K T Thomas and jurist Fali S Nariman had tur-ned down the government’s offer to be on the Search Committee panel, in the wake of the rule that bound them to select persons only from the list supplied by the DoPT.

The bench took on record the government’s submission but also questioned the delay in taking such decisions. “Why did you wait for a PIL to be filed for taking this decision? This deliberation could have happened earlier too,” it remarked. Not in favour of stalling the entire selection process, the SC also observed that the government should strive to evolve procedure which is transparent. It will now hear on July 4 the PIL that has challenged the Lokpal selection process in view of the controversial norms.

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Judges need not apply to be on Lokpal panel, govt tells court