The Union Ministry of Law and Justice has finalised a proposal of the Department of Personnel and Training (DoPT)to amend the Lokpal and Lokayuktas Act
and the Delhi Special Police Establishment Act, 1946 to ensure that there is no
requirement of "quorum" in the respective selection panels for choosing
the anti-corruption ombudsman or the CBI Chief.
The law as at present prescribes the inclusion of the Leader of the Opposition of the Lok Sabha as a member of the panels which select the Lokpal and the CBI Chief under the Lokpal and Lokayuktas Act
and the Delhi Special Police Establishment Act, 1946 respectively.
But with no Leader of the Opposition in the 16th Lok Sabha which has stalled the appointment of the CBI chief, the Government will introduce the Delhi Special Police Establishment (Amendment) Bill in the Lok Sabha on Monday to amend the clause providing for the inclusion of the Leader of Opposition (LoP) in the selection panel by providing for inclusion of the leader of the single largest Opposition Party to be a member of the selection panel that chooses the Director of the CBI. Another amendment that is sought to be introduced is the insertion of a clause to ensure that there is no requirement for a quorum in the matter of appointment of Director of the CBI. The amendment, if made, would mean that lack of quorum will not be a ground to invalidate the appointment made. The proposed amendments are sought to be made to provide for adequate legal safeguards against any possible challenge to the validity of an appointment made to the post of the Director of the CBI, since the law at present is silent on the question of quorum in the selection panel and the Government thought it fit to remove the ambiguity that had left the door open for a possible judicial invalidation of an appointment made under the existing provisions.
The list of business of the Lok Sabha on Monday lists Dr. Jitendra Singh as moving the Amendment Bill. If however the lower House adjourns after paying obituary references to 8 members of whom 2 were sitting members, the Bill to amend the Delhi Special Police Establishment Act, 1946 may be taken up only on Tuesday.
An amendment similar to the one being made to the Delhi Special Police Establishment Act, 1946, will be introduced in the Lokpal and Lokayuktas Act, 2014 though the same has not been listed for consideration of the House on Monday. It is however expected to be introduced in the course of the Winter Session of the Parliament itself.
