Kerala assembly passes contentious bill to ‘clip the wings’ of Lok Ayukta

In the earlier act, now superseded by the government, the Governor was the competent authority to deal with any complaints against the chief minister. However, this power will now vest with the assembly

The Kerala assembly on Tuesday passed the controversial Lok Ayukta (Amendment) Bill with an aim to allegedly reduce the power of the anti-corruption body and the Governor, who has lately been at loggerheads with the CPI (Marxist) government in the state over several matters.

Kerala chief minister Pinarayi Vijayan. (PTI File Photo)

In the earlier act, now superseded by the government, the Governor was the competent authority to deal with any complaints against the chief minister. However, this power will now vest with the assembly.

The House can discuss observations of Lok Ayukta and can either reject or accept its recommendations. Earlier, its observations were binding on authorities, which could not have been challenged in the court easily.

Introducing the bill, law minister P Rajeev said the amendment was aimed at making Lok Ayukta on par with the Union government’s Lok Pal Act. He said the observations of the Lok Ayukta can trigger a full-fledged debate when they are taken up by the assembly.

Rajeev also dismissed the opposition’s charges that the new act will clip the wings of the anti-corruption body.

Opposition leader VD Satheesan said the new amendment will turn Lok Ayukta a toothless body. “We are not talking in favour of the Governor or his powers. But how can legislators discuss observations against the CM in his presence in the house? This is an attempt to make the Lok Ayukta ineffective and redundant,” he said. Opposition members later staged a walkout.

Ruling party legislators backed the amendment and said the existing act negated natural justice by not giving a chance to the affected public servant to explain his position. During the first Pinarayi Vijayan government, minister KT Jaleel was forced to resign after the Lok Ayukta passed severe strictures against him for appointing one of his relatives in a key government post flouting all norms. Later, the high court refused to interfere with its observations.

But now all eyes are on Governor Arif Mohammad Khan whether he will give his assent to the bill curtailing his powers. He has reminded the government several times recently that his sign was necessary to make the bill a law. Last week, the Left government introduced another bill to curtail his powers in varsities as the chancellor.

Last month, Khan refused to sign 11 ordinances which forced the government to convene a 10-day assembly session from August 22 to enact several legislations.

The Governor said ordinances can be promulgated in emergency situations but the government should not make it a habit. Ties between the two deteriorated after the Governor stayed the appointment of CM’s secretary KK Ragesh’s wife Priya Varghese in Kannur University on allegations of nepotism.