90-day time frame for probe into pleas for Lokayukta's removal

The State government proposes to fix a time frame for investigations that could lead to the removal of the Lokayukta on charges of misconduct.

The government has brought in amendments to the Karnataka Lokayukta Act, 1984, which among other things provides a time frame of 90 days to the Chief Justice of the High Court of Karnataka to submit a report to the presiding officers of the legislature after investigating into the grounds for the removal of the Lokayukta.
 
According to the provisions of the Karnataka Lokayukta (Amendment) Bill, 2015, the  legislature can take up the issue of the removal of the Lokayukta if one third of the MLAs or MLCs want it. They will have to submit a petition to the Speaker in case of the Assembly or the Chairman in case of the Council. The presiding officers can then refer the matter to the Chief Justice of the Karnataka High Court for making an investigation into the grounds on which the removal of the Lokayukta is sought by the legislators.

The chief justice or a judge nominated by him will have to prepare a report and submit the same to the presiding officers within 90 days.

If the report of the CJ or the judge nominated finds the Lokayukta guilty of misconduct or incapacity, then both Houses can pass a motion with majority that the head of the anti-corruption watchdog should be removed. The motion will have to be sent to the Governor. Once the Governor gives assent to the motion, the Lokayukta shall be deemed to have been removed as per law.

The process for removal of a Upalokayukta is on the same lines. The government has revisited the 1984 legislation in the wake of the public outcry that the present Lokayukta Y Bhaskar Rao should quit in the wake of accusations of corruption against his son Y Ashwin.

The proposed amendments also do away with the role of the Governor as the competent authority for sanctioning prosecution proceedings against the chief minister and legislators.

The provisions of the bill makes the consent of the Assembly mandatory to initiate prosecution proceedings against the chief minister as it identifies the Assembly as the competent authority. It identifies the Speaker of the Assembly and the Chairman of the Council as competent authorities to initiate prosecution proceedings against MLAs and MLCs, respectively.

The 1984 Act makes the judge of the Supreme Court or Chief Justice of the High Court eligible to be appointed as the Lokayukta. As per the proposed amendments, a judge who has served not less than 10 years as an High Court judge can be considered for the post of Lokayukta.

A bill making it mandatory for the anti-corruption watchdog to submit annual performance report by October end every year which was introduced last month was withdrawn by the government on Thursday.