Kerala Governor Arif Mohammad Khan has signed an Ordinance seeking to amend the Kerala Lok Ayukta Act, 1999.
- The amended act made it non-binding on the “competent authority” to mandatorily eject, sans appeal, any public official found guilty by the Ombudsman (Lok Ayukta).
What are the amendments?
- Competent authority: The Lok Ayukta Act specifies the Governor as the “competent authority” if the Chief Minister is the public official at fault. In the case of a Minister, the Chief Minister is the competent authority. The Act applies at various tiers of the administration, from the Cabinet level and downward.
- Review the “declaration of guilt”: The amended Act makes it obligatory for the competent authority to review the “declaration of guilt” by the Lok Ayukta under Section 14 of the Act before acting against the culpable official. Within three months, the competent authority could accept or reject the ombudsman’s finding.
- Qualification for Lok Ayukta: The Ordinance also repealed the regulation that only retired Supreme Court justices or former Chief Justices of High Courts could assume the office of Lok Ayukta. Instead, the amendment gives the State government the authority to appoint any retired judge as the Ombudsman.
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