Lokpal Appointment | Justice P.C. Ghose, Former Supreme Court Judge becomes India’s First Lokpal

As reported by media, Justice Pinaki Chandra Ghose appointed as the chairperson of the Lokpal, though the official announcement is awaited.

Lokpal will work with the Central Vigilance Commission (CVC). It has the powers to ask investigating agencies like the Central Bureau of Investigation (CBI) to probe allegations against public servants under the Prevention of Corruption Act.

Section 2(1)(b) of the Lokpal and Lokayuktas Act, 2013, constitutes the definition of “Chairperson” of the Lokpal.

His name was finalised and recommended by the Selection Committee comprising Prime Minister Narendra Modi, Chief Justice Ranjan Gogoi, Lok Sabha Speaker Sumitra Mahajan and eminent jurist Mukul Rohatgi.

Background:

Justice P.C. Ghose retired as Supreme Court Judge in May 2017 and currently, he is a member of the National Human Rights Commission (NHRC) since 29-06-2017.

Prior to his elevation to the Supreme Court, he had served as Chief Justice of the Andhra Pradesh High Court, and before that, as a Justice of the Calcutta High Court.

Lokpal Act and Lokayuktas Act, 2013:

An Act to provide for the establishment of a body of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.

Section 3 (2) of the Act state as:

(2) The Lokpal shall consist of—

(a) a Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court or an eminent person who fulfills the eligibility specified in clause (b) of sub-section (3); and

(b) such number of Members, not exceeding eight out of whom fifty per cent. shall be Judicial Members:

Provided that not less than fifty per cent. of the Members of the Lokpal shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women.

(3) A person shall be eligible to be appointed,—

(a) as a Judicial Member if he is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Court;

(b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.

Section 3 (4) of the Act:

ESTABLISHMENT OF LOKPAL

The Chairperson or a Member shall not be—

(i) a member of Parliament or a member of the Legislature of any State or Union territory;
(ii) a person convicted of any offence involving moral turpitude;
(iii) a person of less than forty-five years of age, on the date of assuming office as the Chairperson or Member, as the case may be;
(iv) a member of any Panchayat or Municipality;
(v) a person who has been removed or dismissed from the service of the Union or a State, and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be affiliated with any political party or carry on any business or practise any profession and, accordingly, before he enters upon his office, a person appointed as the
Chairperson or a Member, as the case may be, shall, if—

(a) he holds any office of trust or profit, resign from such office; or
(b) he is carrying on any business, sever his connection with the conduct and management of such business; or
(c) he is practising any profession, cease to practise such profession

Section 25 to 34 contains the “Powers of the Lokpal” in the Lokpal Act.