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Lok Ayukta Act amendment: Opposition UDF meets Ker Governor

Lok Ayukta Act amendment: Opposition UDF meets Ker Governor

Published:27 January 2022

A delegation of the opposition UDF on Thursday met Governor Arif Mohammed Khan at the Raj Bhavan here and submitted a memorandum requesting him not to give assent to the proposed ordinance amending the state Lok Ayukta Act by the Left government in Kerala.

Thiruvananthapuram | A delegation of the opposition UDF on Thursday met Governor Arif Mohammed Khan at the Raj Bhavan here and submitted a memorandum requesting him not to give assent to the proposed ordinance amending the state Lok Ayukta Act by the Left government in Kerala.
The front leaders, led by Leader of Opposition in the state Assembly V D Satheesan, appraised him about the concerns regarding the amendment and pointed out the legal aspects against it.
They also wanted the Governor to send the ordinance for the assent of the President of India even as the state Law Minister P Rajeev made it clear later that the presidential scrutiny was not needed in this connection.
In the memorandum, Satheesan alleged that the justifications by the government to bring the amendment appeared to be "frivolous, politically driven, and in stark contravention of the established laws in this country." "In this ordinance, the executive is openly proclaiming a statute that has been in effect for 22 years to be unconstitutional and is proposing an ordinance to change the provision. This is ultra vires and goes against the fundamental tenets of the Indian constitution," the UDF representation pointed out.
With the legislative assembly session slated for next month, there seems to be no compelling reason to change the law, which has been in existence for over 22 years, it alleged.
It further charged that the only immediate reason that could be perceived is that the Lok Ayukta is about to take up cases against the Chief Minister in the relief fund misappropriation and the Higher Education Minister in the university issue.
It should be understood that the government is expecting an unfavourable verdict in these cases and this ordinance is a shield to guard against any unsavoury decisions from the Lok Ayukta.
Moreover, the proposed amendment would serve as a catalyst for rampant corruption and nepotism, it said.
"In these compelling circumstances, taking into consideration the interest of the State and public at large, I request your good self to abstain from providing your assent to the Kerala Lok Ayukta (amendment) ordinance 2021," Satheesan added.
He later told reporters outside the Raj Bhavan that the memorandum was given as a continuation of his earlier letter to the Governor requesting the same and the present one has detailed references about legal aspects against passing such an ordinance.
He also said the contested provision in the ordinance was part of the original bill of the Lok Ayukta Act, 1999 when it was first introduced in the legislative assembly during the tenure of the Marxist party veteran E K Nayanar as Chief Minister.
However, due to widespread objections from members of both the opposition and the ruling party during the debate on February 22, 1999, this was withdrawn, he recalled.
"Actually, this government is pushing through legislation that the Kerala Legislative Assembly debated and rejected." Besides Satheesan, former Chief Minister Oommen Chandy, Ramesh Chennithala (both Congress), C P John (CMP), Mons Joseph (Kerala Congress), G Devarajan (Forward Bloc) and others were part of the delegation.
However, Rajeev rejected the charges and said Lok Ayukta laws including its amendments are completely under the legislative power of the state. The situation is the same in other states also, he told reporters when his reaction was sought on the matter.
The CPI(M)-led LDF government in Kerala on Tuesday justified its decision to amend the Lok Ayukta Act, saying the move was to ensure natural justice and make it more in accordance with the Constitution, Lokpal and similar legislations in other states.
State Minister for Law, P Rajeev had said the move to promulgate an ordinance was not a sudden decision as alleged by the opposition but the process began last April during the tenure of the previous government.
He also said the government considered the suggestion for a new legislation in view of two High Court verdicts saying the Lok Ayukta does not have mandatory jurisdiction but only recommendatory jurisdiction.
The Advocate General (AG) also gave legal opinion that Section 14 of the Act was in violation of the Constitutional articles 163,164 and suggested to amend it to make it more in accordance with the existing laws in the country, he added.
During the tenure of the previous LDF government, the then Higher Education Minister K T Jaleel had to resign from the cabinet, days after the state Lokayukta's finding that he had abused his position as a public servant to favour a relative. 


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