Kerala Legislative Assembly introduced the Bill to amend the Lokayukta Act on Tuesday, August 23. Minister for Law P Rajeev presented the Bill to vehement objection from the Opposition. With the amendment the state government will get the power to either accept or reject the verdict of the anti-corruption body, after giving an opportunity to be heard. The Bill was sent to the Assembly Subject Committee.
Opposition leader VD Satheesan intervened during the presentation of the Bill saying that it was unconstitutional and a violation of the Constitution. He also termed the Bill unfortunate as it gives the power to the Executive to reject the decision of a judicial body. P Rajeev countered this argument saying that Lokayukta is not a judicial body. "Lokayukta is a body for enquiry/investigation and a body for investigation should not be the one pronouncing judgment too.”
Opposition leader also pointed out that the amendment is against several Supreme Court orders. N Shamusudheen MLA of the Indian Union Muslim League (IUML) said that the amendment is against natural justice as everyone would become their own judge. He also called it anti-constitutional. P Rajeev raised another argument that the term of judicial process is not there in the Lokayukta Act. The Law Minister justified the amendment by saying nowhere in the world the power is vested with a single agency for investigation, enquiry and judgement. The minister also said that section 14 of the Lokayukta is anti-constitutional.
The Opposition countered this citing that the Lokayukta Act was passed in the Assembly and how could the minister say that it was anti-constitutional. Rajeev said that section 14 of the Act was added later. The section 14 states that if the Lokayukta or an Upa-Lokayukta is satisfied that the public servant has committed any criminal offence and should be prosecuted in a court of law, then he may pass an order to that effect
Rajeev said that even in the Jan Lokpal Bill it's not stipulated that a competent authority should adhere to the Lokayukta verdict. Speaker MB Rajesh then swept aside the objections of the Opposition following which KK Shylaja spoke from the ruling front.
It was in the Cabinet meeting held on January 19 this year that the Left government promulgated an ordinance to make certain amendments to the Kerala Lokayukta Act, 1999.The amendment will make the competent authority the Chief Minister or the government with the power to overrule the Lokayukta. It was feared this would dilute the powers of the body.
The amendment will make Lokayukta a body for just making recommendations or sending reports to the government. The move to amend the Lokayukta Act has created a storm in the state as the Congress-led Opposition is opposed to it
The Opposition's accusation is that the government fears that it would face adverse verdicts from the body on the complaints pending against the Chief Minister The complaint against the CM pertains to the anomalies in the distribution of financial aid from the Chief Minister's Disaster Relief Fund. There was also a complaint against Higher Education Minister R Bindu regarding her alleged illegal interference in the re-appointment of the Vice-Chancellor of the Kannur University. The Lokayukta, however, had dismissed the plea filed by senior Congress leader Ramesh Chennithala.
The Left Democratic Front government earlier had submitted before the High Court that the Lokayukta's functions are only investigative in nature and therefore the ordinance amending the Lokayukta Act has not made the executive an appellate authority and that it would encroach into the judiciary's domain. KT Jaleel, Higher Education Minister of the previous Pinarayi Vijayan government was forced to resign days after the Lokayukta found that he was guilty of nepotism and had given a government job to a relative.