Section 4 of The Lokpal and Lokayuktas Act, 2013
- (1)The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of--
- (a)the Prime Minister--Chairperson;
- (b)the Speaker of the House of the People--Member;
- (c)the Leader of Opposition in the House of the People--Member;
- (d)the Chief Justice of India or a Judge of the Supreme Court nominated by him--Member;
- (e)one eminent jurist, as recommended by the Chairperson and Members referred to in clauses (a) to (d) above, to be nominated by the President--Member.
- (2)No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Selection Committee.
- (3)The Selection Committee shall for the purposes of selecting the Chairperson and Members of the Lokpal and for preparing a panel of persons to be considered for appointment as such, constitute a Search Committee consisting of at least seven persons of standing and having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management or in any other matter which, in the opinion of the Selection Committee, may be useful in making the selection of the Chairperson and Members of the Lokpal: Provided that not less than fifty per cent. of the members of the Search Committee shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women: Provided further that the Selection Committee may also consider any person other than the persons recommended by the Search Committee.
- (4)The Selection Committee shall regulate its own procedure in a transparent manner for selecting the Chairperson and Members of the Lokpal.
- (5)The term of the Search Committee referred to in sub-section (3), the fees and allowances payable to its members and the manner of selection of panel of names shall be such as may be prescribed.
Summary
- The President of India appoints the Lokpal Chairperson and Members based on the advice of a five-member Selection Committee.
- The Selection Committee is chaired by the Prime Minister and includes the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India, or a nominated Supreme Court Judge, and one eminent jurist.
- The Selection Committee sets up a Search Committee of at least seven expert members to find and suggest candidates.
- At least fifty percent of the Search Committee members must come from Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities, and women.
- The Selection Committee is not restricted to the candidates recommended by the Search Committee and can consider other individuals.
- Any vacancy in the Selection Committee does not make the appointment of a Chairperson or Member invalid.
Practical examples
FAQ
1. Who are the members of the Selection Committee?
The committee consists of the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India (or their nominee), and one eminent jurist.
2. How many people make up the Search Committee?
The Search Committee must have at least seven members who are experts in fields like law, anti-corruption, and public administration.
3. Can an appointment be challenged in court if there is an empty seat on the Selection Committee?
No, the law states that no appointment of a Chairperson or Member can be declared invalid simply because of a vacancy in the Selection Committee.
4. Is the Selection Committee forced to only choose names recommended by the Search Committee?
No, the Selection Committee is free to consider and select individuals who are not recommended by the Search Committee.
Test yourself
Q1.Under Section 4 of The Lokpal and Lokayuktas Act, 2013, who is the Chairperson of the Selection Committee?
Q2.Under Section 4 of The Lokpal and Lokayuktas Act, 2013, who nominates the eminent jurist on the Selection Committee?
Q3.Under Section 4 of The Lokpal and Lokayuktas Act, 2013, what is the minimum number of persons that must be in the Search Committee?
Q4.Under Section 4 of The Lokpal and Lokayuktas Act, 2013, what is the legal effect on an appointment if there is a vacancy in the Selection Committee?
Q5.Under Section 4 of The Lokpal and Lokayuktas Act, 2013, which of the following is true regarding the list of names prepared by the Search Committee?