Are Lokpal members entitled to BMWs?

Reports indicated that the October 16 tender invited bids for seven BMW 3 series 330Li cars.
BMW
BMW
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The Lokpal of India has courted controversy by reportedly floating a tender for the procurement of seven BMW cars for its members.

The anti-corruption body is currently headed by former Supreme Court Justice AM Khanwilkar and comprises former Himachal Pradesh High Court Chief Justice L Narayana Swamy, former Allahabad High Court Chief Justice Sanjay Yadav and former Karnataka High Court Chief Justice Ritu Raj Awasthi as judicial members.

The other members include former Chief Election Commissioner Sushil Chandra, former Chief Secretary to the Government of Gujarat Pankaj Kumar and former Director/Joint Secretary, Ministry of Defence Ajay Tirkey.

Justice AM Khanwilkar, Justice L Narayana Swamy, Justice Sanjay Yadav, Justice Ritu Raj Awasthi, Sushil Chandra, Pankaj Kumar and Ajay Tirkey
Justice AM Khanwilkar, Justice L Narayana Swamy, Justice Sanjay Yadav, Justice Ritu Raj Awasthi, Sushil Chandra, Pankaj Kumar and Ajay Tirkey

As per the October 16 tender, the Lokpal of India seeks to procure seven BMW 330Li M Sport (Long Wheel Base) cars in white colour. The tender is non-transferable and forms part of the Lokpal’s official procurement process for the specified vehicles.

Lokpal tender October 16
Lokpal tender October 16

While social media users are up in arms over the seemingly excessive move, a few lawyers argue otherwise. The question remains - are Lokpal members entitled to the same luxury cars Supreme Court judges use?

Section 7 of the Lokpal Act, 2013 states that members of the anti-corruption ombudsman are entitled to the same salaries, allowances and conditions of service as Supreme Court judges.

Section 7 of Lokpal Act
Section 7 of Lokpal Act

While there is no official rule or government notification that specifies any particular make or brand of vehicle for the Chief Justice of India and the judges of the Supreme Court, they are currently ferried in Mercedes and BMW cars, respectively.

Although the tender appears to be in line with standard practice, it is the optics of an anti-corruption body demanding luxury cars for its members that appears to have caused the furore.

Bar and Bench tried to get in touch with Justices AM Khanwilkar and Ritu Raj Awasthi but they did not respond.

This piece will be updated as and when a response is received from Lokpal.

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