In a move that has drawn criticism from the opposition, the Kerala government has decided to bring in an ordinance to amend the Kerala Lokayukta Act. According to the proposed amendments, the Governor, the Chief Minister or the government can accept or reject the announcement of the Lokayukta. The existing Act states that the government should accept the declaration.
The opposition criticized the move, saying it was aimed at curtailing the powers of the Lokayukta. Leader of the Opposition VD Satishan wrote a letter to the Governor asking him not to give his assent to the ordinance.
In his letter, Satishan said, “It is credibly learned that the ordinance proposed before you provides for curtailment of the powers of the Lokayukta to mere advisory nature in order to dilute the qualifications of the Lokayukta. I fear that these changes Anti-corruption will destroy the very existence of the establishment.”
The minister said that there are two orders of the High Court which say that the Lokayukta has recommendatory jurisdiction and not mandatory jurisdiction. He said that it is not there in any other state of India.
The opposition has also alleged that the ordinance has come at a time when cases against Chief Minister Pinarayi Vijayan and Higher Education Minister R Bidhu are pending before the Lokayukta.
Law Minister P Rajeev said the amendment was under consideration of the government since last April.
Rajiv said that he has got a legal opinion from the AG that Article 14 is contrary to Articles 163 and 164 of the Constitution.
Amendment of section 14 of the Kerala Lokayukta Act, 1999 says: “Where the competent authority is the Governor, or the Chief Minister, or the Government of Kerala, he may either accept or reject the declaration, after giving an opportunity of being heard. Other matters.” the competent authority shall send a copy of such report to the Government which may, after giving an opportunity of being heard, accept or reject the declaration if it receives the report or copy of the report, as the case may be, within a period of three months is not rejected within the said period, it shall be deemed to have been accepted on the date of expiry of the said period of three months.”
Satishan said in the letter that “the proposed ordinance would limit the powers of the Lokayukta to only advisory nature. This is against the basic principle of the Lokayukta.”
Former opposition leader and MLA Ramesh Chennithala termed the move as a serious attempt to shield the chief minister and other ministers in the corruption case. Chennithala had filed a complaint with the Lokayukta against Higher Education Minister Bindu in connection with the appointment of the Vice-Chancellor of Kannur University.
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