KT Thomas withdraws consent to head Lokpal Search Committee; Three sitting SC judges express reservations on Lokpal selection process

A few days after Senior Advocate Fali Nariman refused to be part of the Lokpal search committee, the committee’s head Justice KT Thomas has also withdrawn his consent to head the committee. Nariman had said that the present selection process would overlook the “most independent and competent” candidates, a view that is echoed by former Supreme Court judge, KT Thomas..To make matters worse, a recent report in the Economic Times quotes three sitting judges of the Apex Court criticizing the manner in which selections for the Lokpal are currently taking place..As per the report, Chief Justice Sathasivam had written to all sitting Supreme Court judges asking whether they would be interested in applying for positions in the Lokpal. Those judges who were interested were asked to reply by February 7 this year; four judges have done so..Of the three judges ET spoke to, one reportedly said that,.“A sitting judge should never apply for a position, the committee should rather short list and check suitability and not focus on eligibility. The system of issuing advertisement and seeking applications itself was flawed. CJI should not have written to judges to seek their willingness.”.Given that the office of the Lokpal was set up to investigate allegations of corruption against high-ranking bureaucrats and Members of Parliament (including the Prime Minister) amongst others, it is hardly surprising that the Lokpal selection process has attracted a fair amount of controversy..And the provisions of the legislation itself certainly do not help matters..Section 4 of the Lokayuktas and Lokpal Act, 2013 states that the President will appoint Lokpal members after seeking the recommendations of a 5-member Selection Committee. This Selection Committee includes either the Chief Justice of India or the CJI’s nominee. Last month, Chief Justice Sathasivam appointed Justice Dattu to be on the Lokpal Selection Committee, where he would be joined by the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha and an “eminent jurist” to be nominated by the President. Hence Justice Dattu would be selecting candidates that could include his own brother judges..To further complicate matters, the “eminent jurist” nominated by the President is Senior Advocate PP Rao. This nomination forced the sixty-seven lawyers to ask the President to “reconsider” PP Rao’s appointment. And if this representation is not acted upon, the situation that would arise would be one where a practicing lawyer of the Supreme Court is screening the applications of Supreme Court judges..Another complication could arise from the fact that the Selection Committee is supposed to constitute a 7-member Search Committee that would provide the first shortlist of suitable candidates..This eight-member Search Committee was to be headed by Justice KT Thomas, a former Supreme Court judge. Other members include former CEC, S Y Quraishi, Mrinal Miri, Kaki, former Chief secretary of Andhra Pradesh Madhava Rao, and senior journalist H K Dua. It is this Search Committee that first Nariman and now Justice KT Thomas have refused to be part of..Without KT Thomas heading the Search Committee and with Nariman’s refusal to be part of the committee, it is unclear what steps the government will take. What is of little doubt is the fact that this refusal by KT Thomas combined with the concern expressed by sitting judges does not bode well for the Lokpal, both with respect to the selection process as well as the institution itself..Also read: .Bar & Bench’s Interview of Justice KT Thomas.PRS Legsilative Research’s analysis on the Lokpal Bill