Today (22nd March) The Supreme Court announced its decision to establish guidelines for the consultation process regarding the appointment of Lokayuktas across states, involving chief ministers, chief justices of high courts, and opposition leaders.
New Delhi: Today (March 22): The Supreme Court is set to make guidelines for the consultation process involving chief ministers, chief justices of high courts, and opposition leaders for the appointment of Lokayuktas across states.
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The matter followed after a notice was issued to the Madhya Pradesh government in response to a plea contesting the state’s Lokayukta appointment, alleging a lack of consultation with the Leader of the Opposition (LoP).
The three-judge bench, led by Chief Justice D.Y. Chandrachud, emphasized the need to define procedural modalities for effective consultation in such matters. The bench emphasized the significance of meaningful participation by the LoP in the appointment process to ensure transparency and legitimacy.
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The plea, filed by Umang Singhar of the Congress, challenges the appointment of Justice (retired) Satyendra Kumar Singh as Lokayukta, citing failure to consult.
Singhar’s counsel, senior advocate Kapil Sibal, condemned the absence of consultation as an “utter mockery” of the process.
“Bearing in mind the country-wide ramifications, it will be appropriate for this court to lay down parameters for conducting an effective consultation in such matters.
“This has a country-wide impact because what should be the procedure followed by the state for appointment of Lokayukta when there is a provision in the statue that LoP should be a member some procedure modalities have to be fixed and you must give the person an opportunity to at least discuss the names.
“It can’t be that on the previous day he is just being told to give consent to the candidate. This has a country-wide ramification. We must lay down some parameters otherwise the presence of LoP in the committee would have no meaning,” the bench said.
In response, Solicitor General Tushar Mehta, representing the state government, asserted that consultation had taken place with the chief justice, with the entire file sent to the LoP.
Singhar contended that under the Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981, consultation among the state government, Chief Justice, and LoP is mandatory for appointments.
Singhar further argued that the appointment process lacked transparency and exhibited arbitrariness, demanding its annulment.
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“Therefore, according to Section 3 of the Act, proper consultation was required to be done between the state government, the Chief Justice of the High Court of Madhya Pradesh, and the Leader of the Opposition of the Legislative Assembly of the State before making the appointment.
“It is submitted that while appointing the Respondent No. 2 to the post of Lokayukta, the Respondent No. 1 (MP government) has not consulted the petitioner, and therefore, the appointment of the Respondent No. 2 (Singh) is illegal, void, and not done according to the statutory process prescribed,” the plea, filed through advocate Sumeer Sodhi, said.
The entire process of appointment reeks of “arbitrariness, foul play and ex- facie illegalities” and is liable to be set aside, he said in the petition.
“The aforementioned actions of respondents reduce the faith of the general public and masses in the process of transparent appointment for various constitutional positions, including that of the Lokayukta, who has to play an integral role in the investigation of serious offences,” the plea said.
