THIRUVANANTHAPURAM: In its letter to Governor Arif Mohammad Khan, the state government said that the court had no jurisdiction to terminate the term of office of the Minister appointed by the Governor. The government also questioned the rationale behind the claim that the Lokayukta should be given powers that the high court does not enjoy.

The government responded to the allegations raised by the Opposition Leader in this regard by pointing out the judgment of the High Court Full Bench in the 1986 KC Chandy-R Balakrishna Pillai case.

The Government explained that while the amendment to Section 14 of the Lokayukta Act has become controversial, the constitutional validity of that section has not yet been the subject of judicial review by the High Court and the Supreme Court. When the opposition alleged that the government was questioning the constitutionality of a provision that remained for the last 22 years, the government responded by stating that the period for which a provision remained in place was not the criterion for assessing its constitutional validity.

According to the government, the opposition's claim that the High Court has the power to demand a public servant to vacate his post by issuing a quo warranto writ was factually incorrect. The writ jurisdiction of the High Court is in accordance with Article 226 of the Constitution. However, it cannot be accepted that the impact of the legal provision becomes contrary to the essence of the Constitution. The quo warranto writ will not stand against a minister appointed in accordance with the Governor's favour and the Chief Minister's instructions.

The amendment is intended to prevent violations of natural justice. Since the Governor is exercising discretion under the Kerala Lokayukta Act, 1999 in the case of the CM, the claim that the Chief Minister is a judge in his own case is factually incorrect.

'The allegation that the proposed amendment is aimed at subverting the expected adverse judgments against the Chief Minister and the Minister of Higher Education is baseless. As long as the Lokayukta exists, the public will file a petition against the public servants. The government is not worried about this. The aims and reasons for the proposed amendment are legal and reasonable. The Kerala Lokayukta Bill of 1999 was submitted to the President for consideration on a limited subject,' the government clarified.