COMMON CAUSE : A REGISTERED SOCIETY v. UNION OF INDIA

Judgment

3 S.C.R. 291 COMMON CAUSE : A REGISTERED SOCIETY A v. UNION OF INDIA (Writ Petition (Civil) No. 245of2014) APRIL 27, 2017 B [RANJAN GOGOi AND NAVIN SINHA, JJ.] 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 291 H 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 C 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 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. [Para 22)[311-B] E 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 INDIA 293 c Member of the Search Committee or the proceedings of the said A Committee will not be invalid by reason of either the absence of a Member of the Search Committee or a vacancy in the Selection Committee. The other provisions of the Act relate to certain incidental matters under the Act, like, rank of Secretary to the Lokpal; rank of Director of Inquiry and Director of Prosecution B of Lokpal; disclosure of assets and liabilities by public servants; seat of Lokpal; eligibility criteria for appointment of Director of Prosecution; and the provisions relating to resolution of difference(s) of opinion between the Directors. [Para 14][306-A D] · Vipulbhai M Choudhary vs. Gujarat Coop. Milk Mktg. Federation Ltd. (2015] 3 SCR 997 : 2015 (8) SCC 1 - referred to· 1.3 While the Parliamentary Standing Committee had made various recommendations in respect of the proposed amendments, so far as the amendment relating to substitution of D the LOP by the Leader of the sin~le largest opposition party in the Lok Sabha is concerned, the Parliamentary Standing Committee had approved the proposed amendment. Insofar as the discharge of functions by the Search/Selection Committee in a situation where there exits a vacancy, the Parliamentary Standing E Committee is of the view that the Sean:h/Selection Committee should not take any decision unless the vacancy in the Search/ Selection Committee is filled up. Rather, it is suggested that provisions should be made in the Amendment Bill for filling up sut:h vacancy/vacancies at the earliest. The rest of the rec; ommendations of the Committee would not be very material F ·to .decide the question arising in view of the very nature of the subjects to which the same relate, which would be evident from a cursory glance of the subjects delineated in the Chart extracted from the Parliamentary Standing Committee report. [Para 151 [306- E-G] Common Cause vs. Union of India & Ors. [2003] 4 Suppl. SCR 471: 2003 (8) SCC 250 - referred to. 1.4 There can be no manner of doubt that the Parliamentary , wisdom of seeking changes in an existing law by means of an amendment lies within the exclusive domain of the legislature G H 294 SUPREME COURT REPORTS [2017) 3 S.C.R. B A and it is not the province of the Court to express any opinion on the exercise of the legislative prerogative in this regard. The framing of the Amendment Bill; reference of the same to the Parliamentary Standing Committee; the consideration thereof by the said Committee; the report prepared alongwith further steps that are required to be taken and the time frame thereof are essential legislative functions which should not be ordinarily subjected to interference or intervention of the Court. The constitutional doctrine of separation of powers and the demarcation of the respective jurisdiction of the Executive, the Legislature and the Judiciary under the constitutional framework C would lead the Court to the conclusion that the exercise of the amendment of the Act, which is presently underway, must be allowed to be completed without any intervention of the Court. Any other view and any interference, at this juncture, would negate the basic constitutional principle that the Legislature is supreme in the sphere of law making. Reading down a statute to make it workable in a situation where an exercise of amendment of the law is pending will not be justified either. A perception, however, strong of the imminent need of the law en-grafted in the Act and its beneficial effects on the citizenry of a democratic country, by itself, will not permit the Court to overstep its jurisdiction. Judicial E discipline must caution the Court against such approach. [Para D 17)(307-C-GI

1.5 If the Act, as it exists, is otherwise workable and the amendment sought to be introduced by the Legislature is aimed at a more efficient working of some of the provisions of the Act, the wholesome principle that a law duly enacted and 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. [Para 18] [308-B-C]