Eyewash? Lokayukta bill has provisions to hold inquiry against CM, ministers but with riders

As per the provisions, the approval of the two-third members of the Assembly will be required for conducting inquiry against chief minister, while in case of any minister, the approval from the governor is mandatory

Mumbai Although the state government had announced that the new Lokayukta law will have stringent provisions to prosecute chief minister and ministers, the devil lies in the details. The actual bill being presented before the state legislature has provisions that would make the Lokayukta difficult to investigate allegations against the chief minister or ministers. Besides, an inquiry against the chief minister would have to be held in-camera which means the details of the same won’t be available in public domain.

Eyewash? Lokayukta bill has provisions to hold inquiry against CM, ministers but with riders

As per the provisions, the approval of the two-third members of the Assembly will be required for conducting inquiry against chief minister, while in case of any minister, the approval from the governor is mandatory. According to experts, such approvals in the Assembly or by the governor seem to make the law ‘difficult to implement’.

The bill has the provision of inquiry against chief minister, cabinet ministers, corporators, members and heads of local bodies, state and central government employees, including All India services officers for the graft charges against them.

The complaints against these public servants need the approval by the higher authorities, a rider that seems to be difficult to comply with. Besides the approval by Assembly for the inquiry against chief minister and by the governor for ministers, the Lokayukta will have to have the approval from presiding officers of the state legislature to probe a lawmaker. The approval of the minister concerned is mandatory for the inquiry of the elected representative of the urban and local bodies and the inquiry against IAS, IPS officers will need the nod from chief minister in consultation with state chief secretary.

Further, the inquiry against chief minister will be held in-camera and sharing of the information related to it has been banned to the public or media, according to the bill. The investigation against the CM needs to be held only by the full bench of five-member bench of Lokayukta.

According to officials from Mantralaya, such approvals for inquiry against top constitutional positions like ministers and IAS/IPS officers are difficult. “Why would members of ruling party\parties in majority vote against their own chief minister. Similarly, governor is unlikely to give nod to prosecute a minister as he acts on advice of the council of ministers. Unless the government at the state is of the different party that in the local bodies, the nod to prosecute elected representatives is also unlikely,” said the officer.

One of 10 members of the drafting committee said, “We discussed all aspects before coming to a conclusion. We felt the possibility of frivolous complaints if the powers to admit the complaints were given to Lokayukta. Though the approval to the incumbent CM is unlikely, the provision can be effectively used once he vacates the chair,” he said.

He said that there was a room for amendment in the future or even during the discussion in the legislature when it is tabled in the houses.

The bill, which was scheduled to be tabled on Friday, is likely to be tabled now on Monday.

The bill has the provision of the fine of up to ₹2 lakh and imprisonment of up to one year for false complaint.

The appointment of 5-member bench of Lokayukta is proposed to be done by seven-member committee headed by chief minister, comprising deputy chief minister, leaders of opposition from assembly and council, chairman of council, speaker of Assembly and chief justice of high court.

The Lokayukta will consist of a chairperson who is retired chief justice of high court or a retired judge of Supreme Court and four other members.