Dilution of Lokayukta Powers in Kerala

Context:

Recently, the Kerala Legislative Assembly passed the Kerala Lok Ayukta (Amendment) Bill, 2022 .

Relevance:

GS-II: Polity and Governance (Constitutional and Non-Constitutional Bodies, Policies and Interventions on Transparency and Accountability in governance)

Dimensions of the Article:

1. What are the Amendments?
2. About Lokayukta
3. About Lokpal
4. Other Important Points regarding the Lokpal
5. Exception for Prime Minister

What are the Amendments?

• The amending Bill weakens the Lokayukta order’s binding nature by permitting the competent authority to now accept or reject the ombudsman’s findings.
• The Lokayukta will become a body that only makes recommendations or sends reports to the government as a result of the amendment, allowing the state government the authority to accept or reject the anti-corruption body’s decision after being given a chance to be heard.
• It has also made the Legislative Assembly the competent authority to review an indicting report against the Chief Minister.
• If a Lokayukta report indicts a cabinet minister, the Bill vests the reviewing authority in the Chief Minister.
• And in the case of legislators, the competent authority will be the House Speaker.
• The Bill exempts political leaders from the purview of the Act.
• The Bill allows for retired High Court judges to be appointed Lokayukta.
• Section 14 of the Act which has now been amended said that if the Lokayukta is satisfied on the complaint against the public servant being substantiated that he should not continue to hold the post held by him, he shall make a declaration to that effect in his report to the competent authority who shall accept it and act upon it.
• In other words, if the public servant is the Chief Minister or a Minister, he shall forthwith resign his office. Such a provision does not exist in any of the State laws or the Lokpal Act of the Centre.

About Lokayukta

• The Lokayukta (also Lok Ayukta) (lokāyukta, “civil commissioner”) is an anti-corruption ombudsman organization in the Indian states.
• Once appointed, Lokayukta cannot be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion by the state assembly.
• The Lokayukta, along with the Income Tax Department and the Anti-Corruption Bureau, mainly helps people publicise corruption among the Politicians and Government Officials.
• Many acts of the Lokayukta have resulted in criminal or other consequences for those charged.
• Maharashtra was the first state to introduce the institution of Lokayukta (considered the weakest Lokayukta due to lack of powers, staff, funds and an independent investigating agency).
• On the other hand, the Karnataka Lokayukta is considered the most powerful Lokayukta in the country.
• Karnataka Lokayukta is considered the most powerful Lokayukta in the country.

About Lokpal

• The Lokpal and Lokayukta Act, 2013 establishes Lokpal for the Union and Lokayukta for States (Statutory Bodies) to inquire into allegations of corruption against certain public functionaries.
• Composition: Lokpal will consist of a chairperson and a maximum of eight members, of which 50% shall be judicial members and 50% shall be from SC/ST/OBCs, minorities and women.
• Appointment process: It is a two-stage process.
  • A search committee which recommends a panel of names to the high-power selection committee.
  • The selection committee comprises the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition, the Chief Justice of India (or his nominee) and an eminent jurist (nominated by President based on the recommendation of other members of the panel).
• President will appoint the recommended names.
• The jurisdiction of Lokpal extends to:
  • Anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as officials of the Union government under Groups A, B, C and D.
  • The chairpersons, members, officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament or wholly or partly funded by the Centre.
  • Any society or trust or body that receives foreign contribution above Rs. 10 lakhs.

Other Important Points regarding the Lokpal

• Salaries, allowances and service conditions: Salaries, allowances and other perks of the Lokpal chairperson will be the same as those for the Chief Justice of India; those for other members will be the same as those for a judge of the Supreme Court.
• Inquiry wing and prosecution wing: Inquiry Wing for conducting preliminary inquiry and Prosecution Wing for the purpose of prosecution of public servants in relation to any complaint by the Lokpal under this Act.
• Power with respect to CBI: Power of superintendence and direction over any investigation agency including CBI for cases referred to them by Lokpal. Transfer of officers of CBI investigating cases referred by Lokpal would need approval of Lokpal.
• Timelines for enquiry, investigation: Act specifies a time limit of 60 days for completion of inquiry and 6 months for completion of investigation by the CBI. This period of 6 months can be extended by the Lokpal on a written request from CBI.
• Suspension, removal of Chairperson and member of Lokpal: The Chairperson or any Member shall be removed from his office by order of the President on grounds of misbehaviour after the Supreme Court report. For that a petition has to be signed by at least one hundred Members of Parliament. Special Court shall be setup to hear and decide the cases referred by the Lokpal.

Exception for Prime Minister

• The Lokpal and Lokayukta Act, 2013 does not allow a Lokpal inquiry if the allegation against the PM relates to international relations, external and internal security, public order, atomic energy and space.
• Complaints against the PM are not to be probed unless the full Lokpal bench considers the initiation of inquiry and at least 2/3rds of the members approve it.
• Such an inquiry against the PM (if conducted) is to be held in camera and if the Lokpal comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry are not to be published or made available to anyone.

-Source: The Hindu