Opposition says government wants to replace governor as competent authority
Opposition says government wants to replace governor as competent authority
The Kerala Lokayukta (Amendment) Bill, 2022 has raised the political temperature in the state.
This has brought several issues to the fore of public debate, including the opposition’s allegation that the proposed law seeks to give executive appellate powers over damaging decisions by the anti-corruption ombudsman.
Read also | Kerala Assembly sent Lokayukta Amendment Bill to the subject committee
The bill could open a new legal and political battleground between the ruling Left Democratic Front (LDF) and the Congress-led United Democratic Front (UDF) opposition. Much is conjecture about the proposed law, although the UDF has strongly opposed the law.
The official bill is expected to bring more clarity in the matter. The Bill will take its final shape only after it is reviewed by the Subject Committee.
The opposition says it has reasons to believe that the Bill replaces the Governor as the competent authority to accept any adverse decision against the chief by the Lokayukta (under section 14(5) of the Kerala Lokayukta Act, 1999). or wishes to reject. state Minister.
In case ministers are found guilty of corruption or nepotism by the Lokayukta, the proposed law reportedly gives appellate powers to the chief minister (competent authority).
The UDF called the bill a violation of the core principle of natural justice, saying that “no one should be a judge in his own case”. It argues that the Bill violates the fundamental right to equality before the law.
The Bill confers executive appellate jurisdiction over the judiciary. The amendment aspires to vest unqualified judicial power in the executive.
Criticizing the bill, the opposition said it has put the Kerala Assembly to shame, which has passed several landmark bills. Describing the bill as a colored law, he accused the government of entering an area where it had no authority to pass the law.
However, the government sees the Lokayukta as an investigative mechanism and not a quasi-judicial body. It is of the view that the existing law is against the preamble of the Act and clearly lacks the provision for appeal.
The LDF notes that the Lok Pal Act allowed states to pass and amend their respective Lokayuktas laws. It argues that Article 164 of the Constitution mandates that the Governor appoint or dismiss the Council of Ministers. However, as per current law, the Lokayukta can “destroy” a constitutionally elected government by an adverse decision. The state also could not appeal against the declaration under section 14 of the Lokayukta, which was final and binding.
Read also | Lokayukta has no power to inquire into complaints against employees of local bodies: Kerala High Court
Social and mainstream media are full of questions about the purpose of the bill. The UDF sees this as a Machiavellian move to stop the ongoing anti-corruption probe against Chief Minister Pinarayi Vijayan.
The government had initially pushed the bill through the cabinet as an ordinance, reportedly blinding the Communist Party of India (CPI), the second major ally in the LDF alliance. It introduced the amendment as a bill after the governor refused to reintroduce the executive order.
The CPI has objected to the bill, leading to widespread speculation that the government seeks to break a proven law and perhaps the only remaining railing against corruption and nepotism.
The bill comes at a time when amendments to the Prevention of Corruption Act have made it mandatory for the Directorate of Vigilance and Anti-Corruption to seek prior permission of the government for investigation of government officials or filing of charge sheets. The legal and political tussle over the bill is unlikely to end soon.
anand.g@thehindu.co.in