JOIN USCouncil too passes bill to pave way for Lokayukta's ouster
Both Houses of the State legislature have passed an amendment bill that simplifies the procedure and fixes a time frame for removing the Lokayukta.
The Legislative Council passed the Lokayukta (Amendment) Bill, 2015, by voice vote on Friday while Law Minister T B Jayachandra announced a special legislature session this September to adopt major amendments to the Karnataka Lokayukta Act,1984.
The Legislative Assembly passed the Bill confined only to the removal of the Lokayukta, on Thursday. Official sources said the bill would be sent to Governor Vajubhai Vala for assent in a day or two. The bill specifies a three-month time limit for completion of investigation that could lead to the removal of the Lokayukta on charges of misconduct.
This provision was not present in the 1984 legislation.
Once the bill gets the Governor’s approval, one-third of the MLAs or MLCs may petition the Speaker of the Legislative Assembly or the Chairman of the Legislative Council against the Lokayukta.
The presiding officers may refer the matter to the Chief Justice of the Karnataka High Court to investigate the grounds cited by the legislators for removal of the Lokayukta. The Chief Justice or a judge nominated by him would have to submit a report to the presiding officers within three months.
If the CJ or his nominee indict the Lokayukta, then both the Houses may pass a motion with two-thirds majority that the anti-corruption watchdog should be removed.
The motion will then have to be sent to the Governor for his assent. Thereafter, the Lokayukta shall be deemed to have been removed as per law.
Debate on the bill
Replying to a debate on the bill in the Council, Jayachandra said that the special session to incorporate amendments to strengthen the Lokayukta institution would be convened after the Bruhat Bengaluru Mahanagara Palike (BBMP) elections.
The minister said that a consultative committee of elected representatives would be constituted to discuss the changes necessary to the present Lokayukta legislation.
Leader of the Opposition K S Eshwarappa said that the incumbent Lokayukta, Y Bhaskar Rao, had shamed the entire state by refusing to quit despite extortion charges being levelled against his office.
Comprehensive amendments were required to cleanse the institution of the Lokayukta and a detailed discussion was also necessary.
Siddaramanna of the BJP said the 1984 Act was being amended keeping Justice Rao in focus.
“We should bring in legislative provisions to ensure that persons such as Justice Rao do not head the Lokayukta institution in the future”, he demanded.