LexCOMMON CAUSE : A REGISTERED SOCIETY versus UNION OF INDIA
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[2017] 3 S.C.R. 291 COMMON CAUSE : A REGISTERED SOCIETY v. UNION OF INDIA (Writ Petition (Civil) No. 245of2014) APRIL 27, 2017 [RANJAN GOGOi AND NAVIN SINHA, JJ.] A B Lokpal and Lokayuktas Act, 2013 - ss.4(2) and 4(J)(e) - Search Committee (Constitution, Terms and Conditions of Appointment of Members and the Manner of Selection of Panel of c Names for Appointment of Chairperson and Members of Lokpal) Rules, 2014- rr.10(1) and 10(4)(i)- Writ petition.filed by NGO seeking declaration that rd 0(1) and 10(4)(i) are ultra vires and direction to restrain initiation of any process of selection for appointment of Chairperson and Members of the Lokpal under the said Rules - Submission that the provisions of the Act are yet to be D implemented and Selection Committee/Search Committee under the Act are yet to be constituted so as to firrther the appointment of the Chairperson and Members of the Lokpal - Submission of the Government that there was an attempt to implement the Act, but in view of certain inconsistencies in the provisions, Amendment Bill E was necessitated - On appeal, held: Act as it stands today is an eminently work.able piece of legislation - No justification to keep the enforcement of the Act under suspension till the amendments, as proposed, are carried out -Amendments are attempts at streamlining the working of the Act and constitute no legal hindrances to the enforcement of the Act - Principle that a law duly enacted and F enforced must be given effect to ·will have to prevail and appropriate directions will have to be issued by the court to the said effect - s.4(2) makes it clear that the appointment of Chairperson or a Member of the Lokpal will not become invalid merely because of any vacancy in the Selection Committee - if. at present, Leader of G opposition-LOP is not available, Chairperson and other two Members of SelectionCommittee may proceed to appoint eminent jurist as Member of Selection Committee u/s.4(l)(e) - No legal disability in a truncated Selection Committee to constitute a Search Committee for preparing a panel of persons for consideration for H 291 292 SUPREME COURT REPORTS · [2017] 3 S.C.R. A appointment as Chairperson and Members of Lokpal and also for such truncated Selection Committee to make recomm~ndations to President of India for appointment of Chairperson and Members of Lokpal - Amendment Bill [Lokpal and Lokayuktas and Other Related Law (Amendment) Bill, 2014]. · B Separation of powers - Legislative functions - Interference by the Court - Held: Parliamentary wisdom of seeking changes in an existing law by means of an amendment lies within the exclusive domain of the legislature and it is not the province of the Court to express any opinion on the exercise of the legislative prerogative in C this regard - Essential legislative functions not to be ordinarily subjected to interference by the Court - Amendment of the Act must be allowed to be completed without any intervention of the Court - Court not to overstep its jurisdiction - Judicial discipline must caution the Court against such approach - Judicial discipline. D Allowing the writ petitions and the transferred cases, the Court HELD: 1.1 The Lokpal and Lokayuktas Act, 2013 as it stands today is an eminently workable piece of legislation and there is no justification to keep the enforcement of the Act under suspension till the amendments, as proposed, are carried out. E [Para 22)[311-B] In Reference, the Special Courts Bill, 1978 [1979] 2 SCR 476 : AIR 1979 SC 478 : 1979 (1) sec 380 - referred to. F 1.2. It is clear that Amendment Bill-Lokpal and Lokayuktas and ·Other Related Law (Amendment) Bill, 2014 seeks the inclusion of Leader of the largest Opposition Party in Lok Sabha in the Selection Committee, in lieu of Leader of Opposition in the present House of People/Lok Sabha-LOP. The proposed amendments also seek to limit the tenure of the eminent jurist, G as a Member of the Selection Committee. There is also an explicit recital of the fact that the absence of any Member of the Selection Committee (or a vacancy in the post of any Member) will not invalidate the recommendations of the Selection· Committee for appointment of the Chairperson or Member of the Lokpal or the H appointment of the eminent jurist. Similarly, appointment of a COMMON CAUSE : A REGISTERED SOCIETY v. UNION OF 293 INDIA Member of the Search Committee or the proceedings of
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