Opposition cries foul over Kerala government’s haste to amend Lok Ayukta Act

Kerala government’s haste to amend the Kerala Lok Ayukta Act to empower the state to review all Lok Ayukta orders prompted allegations that Chief Minister Pinarayi Vijayan wanted to control the judiciary, as several cases against him were pending orders.

The government presented the bill to amend the Lok Ayukta Act in the special session of the Kerala Assembly on Tuesday. The ordinance in place that enabled the government to review Lok Ayukta orders was one of the 11 that Governor Arif Mohammed Khan had refused to repromulgate.

The Left Democratic Front government planned to get the bill passed during this brief session, which ends next week.

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At present, the Lok Ayukta Act states that the orders issued by the Lok Ayukta, which directs public servants to vacate office once found corrupt, was binding on the government. However, the bill introduced will allow a provision in the Act where the state government could review Lok Ayukta orders, another provision to either form a panel to review, or be reviewed by the state Assembly could be also included before the bill is passed in the house.

The timing of the amendment bill was suspect—there were three cases pending in the Lok Ayukta against the Chief Minister over allocation of funds from the Chief Minister’s Distress Relief Fund during his previous term. While the case trials were over, they were reserved for orders.

Due to Lok Ayukta orders, K T Jaleel had to quit as state’s higher education minister in the previous LDF government.

Hence, the Opposition coalition of Congress-led United Democratic Front accused the state government of trying to protect the chief minister in case the Lok Ayukta ruled against him.

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While the state law minister P Rajeeve claimed only the “unconstitutional provisions” in the Lok Ayukta Act were being amended, Congress leader V D Satheesan said the Lok Ayukta was being turned into a powerless body.

The amendment bill, apart from introducing provisions to empower the government to review orders, also seeks to relax the eligibility to become Lok Ayuktas—the present eligibility is retired Supreme Court judge or High Court chief justices, and the amendment wants retired High Court judges to be included as well.

Officials, however, said that the Governor’s nod to the bill was crucial, in the face of the rift between him and the state government.