Cont.Pet.(C) No. 714 / 2018
How the Contempt Petition Led to Lokpal Formation
Summary :
On 2 December 2019, the Supreme Court, acknowledged in its judgement that the Government of India had constituted the Lokpal body during the pendency of the contempt petition filed by Common Cause. Taking note of the development, the bench comprising Justice Navin Sinha and Krishna Murari observed that there was no further cause to proceed with the contempt matter and concluded the proceeding.
Notably, the appointment of India’s first Lokpal was a direct outcome of Common Cause’s persistent legal efforts, and not merely a procedural development. By, initiating both the original writ petition and the subsequent contempt proceeding, Common Cause exerted sustained pressure on the government to implement a long-delayed law. Its intervention was instrumental in converting the Lokapal and Lokayutas Act, 2013, from a dormant statute into a functioning institutional reality.
Background
On 27 April 2017, the Supreme Court delivered a landmark judgment in W.P. (C) No. 245 of 2014 (Common Cause v. Union of India), holding that the Lokpal and Lokayuktas Act, 2013, was a "perfectly workable piece of legislation". The Court ruled that its implementation should not be delayed on the pretext of pending amendments and directed the government to act without further delay.
Grounds for Contempt
Despite the Court’s clear directives, nearly 10 months had passed without any substantial progress in constituting the Lokpal body. Therefore, in January 2018, Common Cause filed a Contempt Petition (C) No. 714/2018 against Mr. Ajay Mittal, the then Secretary of the Department of Personnel and Training (DoPT), under Section 12 of the Contempt of Courts Act, 1971.
- The petition alleged wilful disobedience of the Court’s 2017 order, citing:
- Continued inaction in appointing the Chairperson and Members of Lokpal,
- Failure to constitute the Selection and Search Committees under the Act,
- Government’s reliance on the pending amendment bill (2014) despite the Court’s rejection of that reasoning,
RTI replies and parliamentary questions revealed no progress and vague justifications for the delay.
Prayer in the Petition
- Initiation of contempt proceedings against the Respondent for non-compliance with the 2017 judgment.
- Any further directions as deemed fit by the Court.
Government Response
The government claimed that efforts were made to constitute the Lokpal, including Search Committee meetings in 2014 and legislative steps to amend the Act to address the absence of a formal Leader of Opposition. However, these steps did not translate into actual appointments or operationalization.
Download :
Order 07.03.2019
IA 11.01.2019
Notification 27.09.2018 Search Committee for appointment of Lokpal_Department of Personnel and Training
Order 24.07.2018
Order 17.07.2018
Cont. Pet. 714/2018
Judgement Order
