Lok Sabha Question No. 1408 (UNSTARRED), answered on 2018-12-19
Subject: Appointment of Lokpal
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: MAULANA BADRUDDIN AJMAL

## GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL & TRAINING)

## LOK SABHA UNSTARRED QUESTION NO. 1408

(TO BE ANSWERED ON 19.12.2018)

## APPOINTMENT OF LOKPAL

## 1408. SHRI BADRUDDIN AJMAL:

Will the PRIME MINISTER be pleased to state:

- (a) whether the Government has not taken steps to appoint Lokpal till date despite Supreme Court order  and if so, the details thereof and the reasons therefor; and
- (b) the time frame for appointing the Lokpal?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER'S OFFICE (DR. JITENDRA SINGH)

(a) &  (b): The Lokpal and Lokayuktas Act, 2013(1 of 2014) as brought into force w.e.f.16.01.2014 for establishing of a body of Lokpal at the Centre and Lokayuktas in the States, requires some amendments, inter-alia, so as to provide for situations where the composition of the Selection Committee is deficient/incomplete due to absence of Leader of Opposition in the Lok Sabha, etc. Accordingly, Lokpal & Lokayuktas and other related law (amendment) Bill 2014 was introduced in Lok Sabha on 18.12.2014. The same was referred to the Department-related Parliamentary  Standing  Committee  on  Personnel,  Public  Grievances,  Law  &  Justice  for examination & report. The Committee has submitted its report in the Parliament on 07.12.2015. The varied recommendations made in the said report inter-alia making recommendation relating to architecture of anti-corruption institution of the country. Government has constituted an Inter Ministerial  Committee  and  six  meetings  of  the  said  Inter  Ministerial  Committee  (IMC)  have already  been  held.  Further,  in  view  of  the  Apex  Court's  decision  in  the  matter  of  Common Cause-  a  registered  society,  wherein  it  was  observed  that  the  law  as  it  stands  today  is  an eminently workable piece of legislation, the Selection Committee was reconstituted as per the statutory provisions of the Lokpal and Lokayuktas Act, 2013. Upon the recommendations of the Selection  committee,  Hon'ble  President  has  nominated  Shri  Mukul  Rohatgi,  former  Attorney General of India as 'Eminent Jurist' as Member of the Selection Committee to fill the vacancy caused due to passing away of Shri P.P. Rao.

Six  meetings  of  the  Selection  Committee  under  section  4(1)  of  the  Lokpal  and Lokayuktas Act, 2013 have been held under the chairmanship of Hon'ble Prime Minister as part of the due process of appointment of Chairperson and Members of the Lokpal in terms of the relevant provisions of the Lokpal and Lokayuktas Act, 2013, i.e. as per the provisions of section 3 of the said Act.

In  its  sixth  Meeting  held  on  19 th September, 2018, a Search Committee comprising of eight  (8)  Members  has  been  constituted.    Smt.  Justice  Ranjana  Prakash  Desai  has  been nominated as the Chairperson by the Selection Committee.

The  Search  Committee  has  the  responsibility  of  preparing  panel(s)  of  names  to  be considered  for  being  appointed  as  Chairperson  and  Members  of  the  Lokpal,  by  the  Selection Committee.  The Search Committee, in terms of the provisions of sub-rule (3) of rule 3 of the Search  Committee  (Constitution,  Terms  and  Conditions  of  Appointment  of  Members  and  the Manner  of  Selection  of  Panel  of  Names  for  Appointment  of  Chairperson  and  Members  of Lokpal)  Rules,  2014,  may,  for  the  purpose  of  shortlisting  of  persons,  adopt  such  short-listing norms as it may be considered appropriate. In terms of provisions of rule 11(1) of the Search Committee (Constitution, Terms and Conditions of Appointment of Members and the Manner of Selection of Panel of Names for Appointment of Chairperson and Members of Lokpal) Rules, 2014,  it  is  for  the  Selection  Committee  to  decide  the  time  period  within  which  the  Search Committee  is  requested  to  submit  a  panel  or  panels  of  names  as  the  case  may  be,  for consideration of the Selection Committee.

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