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Business News/ Politics / Policy/  Supreme Court asks govt to come clear on LoP by 9 Sept
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Supreme Court asks govt to come clear on LoP by 9 Sept

Apex court asks govt how it will deal with vacuum in Parliament created by the absence of leader of opposition

The apex court remarked on Friday that the Lokpal and Lokayuktas Act could not be put in “cold storage” and emphasized the importance of the post of LoP. Photo: Hindustan TimesPremium
The apex court remarked on Friday that the Lokpal and Lokayuktas Act could not be put in “cold storage” and emphasized the importance of the post of LoP. Photo: Hindustan Times

New Delhi: The Supreme Court on Friday asked the government to spell out how it intends to deal with the vacuum created by the absence of a leader of the opposition (LoP) in the Lok Sabha, amid a political tussle over the post between the ruling Bharatiya Janata Party (BJP) and the opposition Congress.

The apex court’s call came in the context of a petition challenging the selection process for the Lokpal, the anti-corruption ombudsman at the Centre. The Congress immediately used the court’s observations to attack the government for denying it the post.

A selection panel of five members, comprising the prime minister, the speaker of the Lok Sabha, LoP, the Chief Justice of India (CJI) and an eminent jurist are to decide on the appointment of the Lokpal under the Lokpal and Lokayuktas Act of 2013.

“How will this composition work when there is no LoP? Are you willing to amend the law," CJI R.M. Lodha asked the government on Friday, adding that the process of filling the vacuum “needs to be fast-tracked", given the importance of the Lokpal.

A three-judge bench comprising Lodha, Kurian Joseph and Rohinton Nariman posted the case for final disposal on 9 September, when the central government will present its case.

Attorney general Mukul Rohatgi told the court that some provisions of the Lokpal law and related rules were being “reviewed" by the government.

The BJP-led National Democratic Alliance (NDA), which won a commanding majority in the April-May general election, and the Congress-led United Progressive Alliance (UPA) have been engaged in a battle of prestige over the post of LoP.

A party needs to win 10% of the seats in the 543-member Lok Sabha for its candidate to qualify for the post of LoP. The Congress fell 10 seats short after winning just 44 in the general elections, which ended its 10-year tenure in office.

The Congress still staked its claim as the single largest opposition group in the Lower House, nominating Mallikarjun Kharge for the post, but it was rejected by speaker Sumitra Mahajan.

The apex court remarked on Friday that the Lokpal and Lokayuktas law could not be put in “cold storage", emphasizing the importance of LoP in deciding who will be appointed head of the anti-corruption body.

“It (LoP) is the voice in the House representing a view different from that of the government," Lodha said. The post is relevant not only to the Lokpal law, but also in other legislation, said the court.

Nariman pointed out that the statutory provisions in the Lokpal law specifying LoP as one of the members of the selection committee would mean that it “has to be someone who exists".

Lodha added that such statutes “pre-suppose" the “existence of" members of the selection committee.

The Congress latched on to the Supreme Court’s observations to claim that its stand had been vindicated.

“The Supreme Court observation has actually vindicated what the Congress and the UPA have been saying throughout," party spokesperson Anand Sharma said. “The decision of the speaker was in utter disregard to law and appears to be clearly influenced and coloured by the partisan agenda of the BJP-led government."

He said the opinion of the attorney general, which Mahajan cited in denying the post to the Congress, was “not worth even the piece of paper on which it was written and was influenced by partisan politics of the government".

His party colleague Manish Tewari said on NDTV news channel: “Opposition is the essence of democracy, and if the government is choosing to ignore the position of leader of opposition, it is an assault on democracy. It is incumbent upon the government to reply to the court."

Home minister Rajnath Singh said the Congress should accept the speaker’s decision, as the BJP insisted that the Congress did not have the mandate for the post of LoP.

“The LoP is virtually appointed by the will of the people, which is reflected by the number of seats that the opposition party wins. The Lok Sabha speaker recently denied LoP status to Congress on the basis of past precedents," BJP spokesperson Syed Shahnawaz Hussain said.

Experts said the ruling and opposition parties were using the issue to gain political mileage.

“With the BJP getting the kind of majority it did and Congress being reduced to such low numbers, both the political players are positioning themselves to get maximum political capital out of the existing situation," Sandeep Shastri, a political analyst and pro vice chancellor of Jain University, Bangalore, said.

“The BJP wants to bask in its glory of electoral triumph and the Congress wants to use every opportunity as a moment to start its process of political revival," he added.

In another development, the appointment of a new chief of the Central Information Commission (CIC) has been delayed because there is no LoP in the selection committee, leaving the transparency watchdog headless for the first time since its inception in 2005. Chief information commissioner Rajiv Mathur relinquished charge on Friday.

The President appoints the CIC chief on the recommendation of a committee headed by the prime minister, LoP and a cabinet minister nominated by the prime minister.

PTI contributed to this story.

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Published: 22 Aug 2014, 01:36 PM IST
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