A petition has been filed before the Kerala High Court seeking a directive to declare the Lokpal and Lokayuktas Act, 2013, unconstitutional.
According to the petitioner, unintentional participation of the judiciary in the functioning of the executive will have far-reaching ramifications and a negative impact. The petitioner also argues that the provisions will, in effect, cause an adverse impact on the society.
“The participation of the Chief Justice of India or his nominee in the selection committee of the chairperson or the member of the Lokpal will vitiate the selection and appointment. The act will result in scrutinising the credentials of the sitting Chief Justice of the Supreme Court or sitting judge, which is in derogation of the constitutional position,” the petition states.
“As per the Constitution, the judiciary has no role in appointment by the executive. The inclusion of the Chief Justice or a person nominated by him in the selection committee for appointment of chairperson is, therefore, against the basic structure of the Constitution of India,” the petitioner argues.
The appointment of the Chief Justice of India as the Lokpal will defeat the very object to be achieved by the legislation of Lokpal Bill, the petition states.