Some legal experts reckon that reservation in the Lokpal is not in conformity with provisions of the Constitution, and is politically motivated.
The former Attorney-General, Soli Sorabjee, and jurist Rajeev Dhavan maintain that it will go against the very principle of reservation, besides leading to litigation, putting a question mark over the efficacy of the legislation.
The former Chief Justice of India, V.N. Khare, who welcomed broader representation reflecting the plurality of Indian society, wondered how far reservation in the Lokpal would stand legal scrutiny.
Mr. Sorabjee said reservation was meant to empower disadvantaged sections and create a level playing field in employment and education. On the other hand, the Lokpal was meant to check corruption, and reservation in it would not serve any purpose. Such a provision was constitutionally questionable.
He maintained that the manner in which the government had provided reservation for the minorities suggested that it was an “election gimmick.”
Mr. Dhavan said the inclusion of the minorities was unconstitutional and in a violation of Article 14 of the Constitution, which says there shall be no discrimination on grounds of religion.
“It is a political concession, without [any] constitutional basis, motivated by a political class that is unable to cope with stresses and strains of the system. The measure makes no sense from the standpoint of the Constitution or common sense. It is unprecedented and should not have been made.”
Justice Khare, who supported the idea, felt that the manner in which the government had phrased it raised doubts about the provision's ability to stand legal scrutiny. “I can't say what would happen if it is challenged. At the same time, I believe that the minorities do deserve a place in bodies like the Lokpal on the criteria of economic, educational and social backwardness.”
He maintained that the wording in the Bill should have merely said there would be representation to the backward classes, irrespective of their religion, as provided in the subordinate legislation or rule.
