It is stated in the petition that in all cases where no Leader of the Opposition has been recognised, “the Leader of the Opposition in the House of the People” must be deemed to be the Leader of the single largest group in opposition in the House.
The Supreme Court on Monday issued notice on a Public Interest litigation (PIL) seeking to declare that a leader of opposition in any high-powered appointment committee should be read as leader of the single largest opposition party in the House.
A bench of Chief Justice Ranjan Gogoi and Justice Sanjay Kishan Kaul agreed to examine this point raised in the PIL filed by NGO Youth For Equality.
Although Parliament has approved a law to create an independent anti-corruption agency, the hiring of a Lokpal to run it has been stuck on the question of who should be on the appointment panel.
However, the bench refused to issue notice on another prayer, seeking a declaration that all appointments of CVC, CBI director and CIC chief should be made unanimously.
The CJI said: “It’s not possible to have a unanimous choice. If we accept this prayer then nobody can be appointed.” At present such appointments are cleared by a majority.
It is stated in the petition that in all cases where no Leader of the Opposition has been recognised, “the Leader of the Opposition in the House of the People” must be deemed to be the Leader of the single largest group in opposition in the House. “Lack of notification or invitation to such person must not be allowed to delay key institutional appointments,” the petition submitted.
Advocate Gopal Sankaranarayanan later told HT that though the government has carried out changes in the laws to appoint CVC, CBI and CIC, the same is yet to be done for the appointment of National Human Rights Commission (NHRC) chairperson and Lokpal- the anti-corruption ombudsman.