Article 142 and Uttar Pradesh Lokayukta Appointment Issue
On December 16, Supreme Court appointed Justice (Retd) Virendra Singh as new Lokayukta of Uttar Pradesh. In first of its kind order, SC invoked its constitutional power and appointed retired HC judge as UP Lokayukta after state failed to appoint someone to this office. The order was given as per Article 142 of Constitution.
Background
Uttar Pradesh Government had appointed N K Mehrotra as Lokayukta in 2006 during tenure of Mulayam Singh Yadav as Chief Minister. The tenure ended on 15 March 2012, the day on which Akhilesh Yadav was sworn in as Chief Minister of the State. On the same day, the state government issued an ordinance to extend tenure of N K Mehrotra by two years. These two years ended in 2014 but Mehrotra continued to remain in office because in 2012, the state government had amended the state act with a provision that: Lokayukta shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
This amendment was challenged in the court (Mohd Saeed Siddiqui vs State of UP case), however, the Supreme Court ruled that this extension of term was a matter of legislative policy. The Court directed the state government to select new Lokayukta as soon as possible and permeably within six months from the date of that verdict.
The above order was not followed by state. In July 2015, Supreme Court took note contempt of its order and directed the state to do the needful in 30 days. On December 14, the UP government was given two days time but when state failed then also; court selected name of Virendra Singh as Lokayukta from the list of five names, which were under consideration of the Selection Committee. The state’s select committee is made of Chief Minister, High Court Chief Justice and Leader of Opposition. This committee could not reach a consensus on name of new Lokayukta. Prior to this, the state government had recommended name of Justice Ravindra Singh (retired from Allahabad High Court) but the Governor Ram Naik did not clear his name because that name was suggested without going through the selection committee.
Meanwhile, the state government again brought an amendment bill to remove the requirement to consult the HC Chief Justice on in selection of Lokayukta. This bill is pending with the Governor.
Supreme Court Initiative
When the CM, LOp and Chief Justice of High Court of the state did not reach a consensus, the Supreme Court invoked article 142.
Article 142 says: “The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.” We note here that Article 142, especially the phrase “complete justice” has given the judiciary a virtual license to intervene in any matter whatsoever. These are the extra-ordinary powers of Supreme Court, which it invokes when all “hopes and expectations” of it have gone in vain.
Current Position
After the Supreme Court Order, Virendra Singh was supposed take oath, however, the supreme court admitted hearing a petition against it.
