Retired SC Judge Pinaki Chandra Ghose is going to be the First Lokpal

Pinaki is finalized & recommended by the Selection Committee led by Prime Minister

• Former Supreme Court judge and current member of the National Human Rights Commission (NHRC), Pinaki Chandra Ghose, is likely to be India’s first anti-corruption OMBUDSMAN or Lokpal.
• His name was selected and cleared for the appointment by the lokpal selection committee headed by Prime Minister Narendra Modi. The notification for the appointment is expected to be released soon. Justice Pinaki Chandra Ghose would be the first Lokpal of India.
• The Lokpal Act, which envisages the establishment of anti-graft body Lokpal at the Centre and Lokayuktas in states to look into cases of corruption against certain categories of public servants, was passed in 2013.
• Mr. Ghose was appointed as judge of the Calcutta High Court in 1997 and went on to become Chief Justice of Andhra Pradesh before his elevation to the Supreme Court in 2013.

Who is Pinaki Chandra Ghose?

• Pinaki Chandra Ghose (born 28 May 1952) is a retired judge of the Supreme Court of India. 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. He is presently a member of the National Human Rights Commission.
• Justice Pinaki Chandra Ghose is son of Late Shri Justice Sambhu Chandra Ghose, former Chief Justice of Calcutta High Court. He is a fifth generation lawyer in the family of Dewan Baranasi Ghose of Jorasanko, a renowned family from the northern provinces of the City of Calcutta.

A brief proceedings of the appointment of 1st Lokpal

• The non-appointment of Lokpal has been a contentious issue since 3 years. The Lokpal and Lokayuktas Act was notified in early 2014, but no one has been appointed to the post.
• A petition came to be filed in Supreme Court seeking appointment of Lokpal. The Central government had contested the same taking the stand in court that Lokpal cannot be appointed without a Leader of Opposition and there was no leader of opposition in the Lok Sabha.
• The Court in its 2016 judgment, had turned down this submission by the Centre and had made it clear that the absence of Leader of Opposition in the Selection Committee will not make the appointment of Lokpal invalid.
• The Selection Committee which appoints Lokpal, consists of the Prime Minister, Speaker of Lok Sabha, Leader of Opposition in Lok Sabha, the Chief Justice of India or a Judge of the Supreme Court nominated by him and an eminent jurist who is to be recommended by the aforementioned four members.
• A contempt petition subsequently, came to be filed in Supreme Court for not implementing the 2016 judgment of the Supreme Court.
• The member of opposition party Mr. Mallikarjun Kharge boycotted the panel meeting couple of times.
• But irrespective of the issues, the panel finally appointed the first Lokpal after its enactment 3 years before.

Short points of LOKPAL Act 2013

• The Lokpal Act provides for setting up of an anti-corruption ombudsman called Lokpal at the Centre and Lokayukta at the State-level.
• The Lokpal would consist of a chairperson and a maximum of eight members of which 50 per cent shall be judicial members.
• 50 per cent of members of Lokpal shall be from SC/ST/OBCs, minorities and women.
• The ambit of Lokpal would cover all categories of public servants, including the Prime Minister with the exception of armed forces.
• The Lokpal Act mandated the states to institute Lokayukta within one year of the commencement of the Act.
• Lokpal will also have powers of superintendence and direction over any investigation agency including CBI for cases referred to them by the Lokpal.
• Lokpal is appointed based on the recommendation of the five-member panel comprising the Prime Minister, the Lok Sabha Speaker, the Leader of the Opposition, the Chief Justice of India and an eminent jurist nominated by the President.
• The government has proposed an amendment to the Lokpal Act 2013 to enable the leader of the largest Opposition party to be the member of the selection, panel in the absence of the leader of Opposition.
• To designate the leader as Leader of Opposition the largest opposition party must have strength of at least 10% of the total members in the House and none of the parties managed to cross this mark in 2014 general elections.
• All the governmental and other institutions come under LOKPAL, including the Indian Army, the Indian Air Force and the Indian Navy have been kept out of the jurisdiction of the LOKPAL. The bill also keeps the CBI independent.

Pic courtesy:The Financial Express