THE Kerala cabinet recently recommended to the governor to issue an ordinance to amend the Kerala Lokayukta Act, 1999. This would give it the power to dismiss any report of the anti-corruption body. This amendment seeks to empower the government as the Lokayukta would have only powers to make recommendations or send reports to it, effectively reducing it to an advisory role.
The government's move comes at a time when there are complaints against Kerala Chief Minister Pinarayi Vijayan and Higher Education Minister R Bindu at the Lokayukta. There are three complaints against the chief minister for allegedly misappropriating money from the Disaster Relief Fund, while it was alleged that R Bindu had written to the governor recommending the reappointment of the Kannur University V-C. Following this, a case was filed against the minister.
Earlier, the Lokayukta had passed a verdict against KT Jaleel, a minister in the first Vijayan government, for nepotism. The Lokayukta observed that Jaleel had misused his power and was not eligible to continue as a minister. Subsequently, Jaleel resigned from the ministry.
State Law Minister P Rajeev, justifying the latest move of the government, told reporters that the ordinance was as per the advice of the advocate-general. He said that the amendments were aimed at bringing the anti-corruption body on par with those in other states. He said that the existing Act denies natural justice as there was no provision for even an appeal. Rajeev said the proposed amendment has nothing to do with pending complaints against the CM and Bindu.
There have been two High Court verdicts which said the Lokayukta has only recommendatory jurisdiction and not mandatory one. There was legal advice that Section 14 of the Lokayukta Act is against Articles 163 and 164 of the Constitution. The Lokayukta infringes upon the rights of a cabinet.
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