THE Kerala cabinet recently recommended to the governor to issue an ordinance to amend the Kerala Lokayukta Act, 1999. This would give it the power to dismiss any report of the anti-corruption body. This amendment seeks to empower the government as the Lokayukta would have only powers to make recommendations or send reports to it, effectively reducing it to an advisory role.
The government's move comes at a time when there are complaints against Kerala Chief Minister Pinarayi Vijayan and Higher Education Minister R Bindu at the Lokayukta. There are three complaints against the chief minister for allegedly misappropriating money from the Disaster Relief Fund, while it was alleged that R Bindu had written to the governor recommending the reappointment of the Kannur University V-C. Following this, a case was filed against the minister.
Earlier, the Lokayukta had passed a verdict against KT Jaleel, a minister in the first Vijayan government, for nepotism. The Lokayukta observed that Jaleel had misused his power and was not eligible to continue as a minister. Subsequently, Jaleel resigned from the ministry.
State Law Minister P Rajeev, justifying the latest move of the government, told reporters that the ordinance was as per the advice of the advocate-general. He said that the amendments were aimed at bringing the anti-corruption body on par with those in other states. He said that the existing Act denies natural justice as there was no provision for even an appeal. Rajeev said the proposed amendment has nothing to do with pending complaints against the CM and Bindu.
There have been two High Court verdicts which said the Lokayukta has only recommendatory jurisdiction and not mandatory one. There was legal advice that Section 14 of the Lokayukta Act is against Articles 163 and 164 of the Constitution. The Lokayukta infringes upon the rights of a cabinet.
This story is from the February 14, 2022 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the February 14, 2022 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
