The committee, which went through the Kerala Lok Ayukta (Amendment) Bill of 2022, made such a clause in the bill despite the governor's open declaration that he would not sign any bill passed by the legislature if it went against the spirit of the Constitution. As per the prevailing rules, the governor can sit on any bill for a long time without accepting or rejecting it. So, the final decision of the governor will turn crucial for the fate of the controversial amendment bill.
Published Aug 24, 2022 | 6:57 PM ⚊ Updated Aug 24, 2022 | 6:58 PM
The sign board to Kerala Lokayukta which functions in the state assembly building in Thiruvananthapuram (South First)
A subject committee of the Kerala legislature on Wednesday, 24 August, decided to take away the existing right of the Governor as the competent authority to comply or turn down unfavourable verdicts against the chief minister by the state’s anti-corruption ombudsman system, the Lokayukta.
The move is expected to further aggravate the ongoing rift between Governor Arif Muhammed Khan and Kerala’s ruling Left Democratic Front (LDF) government.
The committee, which went through the Kerala Lok Ayukta (Amendment) Bill of 2022, added such a clause in the bill despite the Governor’s open declaration that he would not sign any bill passed by the legislature if it went against the spirit of the Constitution.
As per prevailing rules, the Governor can sit on any bill for a long time without accepting or rejecting it. So, the final decision of the Governor will turn crucial for the fate of the controversial amendment bill.
The bill, introduced in the Assembly on Tuesday amidst stiff opposition from the United Democratic Front (UDF), will be subjected to a clause-by-clause discussion on 29 August after incorporating the subject committee’s modifications.
The committee, meanwhile, has proposed to give this right to the state legislature, where usually the chief minister and the ruling coalition will have an upper edge.
As a result, there would be fewer chances of the legislature complying with any adverse Lokayukta remarks on the chief minister.
In the case of ministers, the subject committee has made the chief minister an appellate authority, and in the case of Assembly members, the Speaker will play the role.
The committee will decide in the coming days who would be the appellate authority in the case of leaders and public workers, who are not holding any constitutional position.
It has accepted all these clauses as recommendations of the CPI, the second-largest constituent in the ruling front, which objected to converting the lapsed ordinance facilitating amendments in the Lok Ayukta Act in its original form.
Kerala Law Minister P Rajeev justified the move saying the government views the Lokayukta as an investigating mechanism rather than a judicial system. “No investigating agency can decide the punishment,” he told South First.
Meanwhile, Opposition leader VD Satheesan said the amendment went against Supreme Court orders on the issue, and could be viewed as a clear violation of the Constitution. The amendment was, in fact, an infringement on the judiciary, he said.
The ordinance amending the Lok Ayukta Act became defunct when Khan refused to re-promulgate it along with 10 others of similar character. A special assembly session is being held to convert all the lapsed ordinances into legislation.
Kerala, one of the first few states to enact laws on the Lokayukta, attempted to make it the most robust ombudsman system in the country to end high-level corruption, nepotism, and violation of administrative rules. That was in 1999.
No other state government in the country has provided such vast powers to the ombudsman system, and Lokayukta orders even culminated in state ministers losing their jobs.
Chief Minister Pinarayi Vijayan with Governor Arif Mohammad Khan. (South First)
Hardly a year after retaining power in the state for another five years, Chief Minister Pinarayi Vijayan now faces the allegation that he weakened the once-powerful Kerala Lok Ayukta Act, reducing the barking dog to a lame dog by taking away all its powers and converting it into an advisory agency.
Having made the amendments, the government is now facing charges of diluting the autonomy and independence of the agency, which has delivered a stellar performance so far in ending corruption in governance, critics have said.
According to them, the ordinance was promulgated when several complaints about government irregularities were pending before the Lokayukta, including allegations against even Vijayan and Higher Education Minister R Bindu.
While Vijayan faces allegations of misusing funds, Bindu stands accused of nepotism for recommending her kin as the vice-chancellor of Kannur University.
