The Kerala government has proposed to amend its Lok Ayukta Act 1999 through an ordinance, which has been criticized by the state’s opposition parties.
Proposed amendments
- The ordinance has proposed amendment in the Section 14 of the Lok Ayukta Act as is its most stringent provision. As per the section, the Lok Ayukta’s ‘declaration’ that a public servant, against whom an allegation is substantiated, should not continue to hold office. This is binding in nature. Further, there is no provision for appeal.
- The ordinance proposes to amend it to the effect that the Governor, the government or authority may decide on the Lok Ayukta’s finding within three months. It also seeks to provide for an appeal.
- According to the proposed amendment, the Lokayukta would have only powers to make recommendations or send reports to the government, effectively reducing its powers to advisory in nature.
Background and Government’s logic
- In the previous LDF government, Higher Education Minister K T Jaleel was forced to step down after the Lokayukta found that he had abused his office. Jaleel had faced a case pertaining to illegal appointment of his relative in the state minorities development corporation.
- The Kerala Government says that the section 14 amounts to removal of a Minister duly appointed by the Governor on the advice of the Chief Minister, and violates Articles 163 and 164 of the Constitution.
Criticism
- The provision is now considered unconstitutional when it was an earlier LDF regime headed by E.K. Nayanar enacted the law in 1999.
- The ordinance comes at a time when complaints are pending before Lokayukta against Chief Minister Vijayan and Higher Education Minister R Bindu.
- A regime truly disposed towards corruption-free governance should not normally be worried about a law that allows an independent judicial forum to direct a public servant to leave office.
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