Setback for Governor; President gives assent to Lokayukta Amendment Bill

THIRUVANANTHAPURAM: The President on Wednesday approved the bill amending Section 14, which allows the Lokayukta to declare public servants unfit to hold official positions if their corruption is proven. The President's decision is a setback for the Governor and a huge win for the Kerala government.

Although the bill was passed by the legislature on August 30, 2022, it was withheld by the Governor for a long time. In November last year, the Governor sent it for the President's assent. At that time, it was criticized that the state government introduced the amendment to overturn the relief fund misappropriation case against the Chief Minister and the ministers of the previous government. Former minister KT Jaleel had to resign as a minister in connection with the case of the appointment of his relative because of the order issued by the Lokayukta under Section 14.

Minister P Rajeev, who introduced the bill in the Kerala Assembly, had said that the Lokayukta was not a judiciary body and the investigation agency itself should not pass judgment. The minister also pointed out that there was no other place where investigation, discovery and judgment come in one system.

With the President giving assent to the amendment, even if the Lokayukta adjudges someone corrupt, the Chief Minister, the Legislative Assembly and the appointing authority can decide otherwise. The appellate power of the Governor will also cease to exist. If there is a Lokayukta verdict against the Chief Minister, the appellate authority will be the Legislative Assembly and not the Governor. The Chief Minister will be the appellate authority in judgments against ministers and the Speaker in judgments against MLAs.

The Governor had declined to sign the bill as he felt that if it were to become law, the government would be able to issue a verdict in its own case. He also pointed out that it will be used as a weapon to hunt down the opposition.

Orders will become recommendations

1. With the orders of the Lokayukta becoming recommendations, the government can opt not to take action against the offenders. It can also dismiss the Lokayukta's recommendation for action.
2. If the Government rejects the orders issued by the Lokayukta after conducting the inquiry, trial and collecting evidence, the order will be of no relevance.
3. The investigation and findings made by the Lokayukta's investigation agency headed by the IG will become a farce.

Lokayukta- a mechanism depended on by common people

• Lokayukta is a mechanism for common people to complain about the corruption of public servants, officials and administrators and fight legal battles without spending money.
• It is a system with quasi-judicial powers with a former Chief Justice of the Supreme Court / High Court as its head, two former judges of the High Court as Upalokayuktas, District Judge as Registrar and Sub Judge as Deputy Registrar.
• Lokayukta is the only system which can register cases on complaints such as corruption, maladministration, denial of justice, abuse of office and lack of character by public servants without the permission of the government.

Rs 4.08 crores- annual expenditure on the functioning of Lokayukta's office

Rs 56.68 lakhs- annual salary of Lokayukta and Upalokayuktas