The Editorial Analysis- Wrong Route

Table of Contents

Wrong Route- Relevance for UPSC Exam

GS Paper 2: Indian Constitution- Statutory, regulatory and various quasi-judicial bodies.

Recently Kerala government proposed to amend its Lok Ayukta Act through an ordinance. The decision to amend Lok Ayukta Act is being criticized as it appears questionable and hasty.
Both the Congress-led United Democratic Front and the BJP have appealed to the Governor not to promulgate the ordinance cleared by the Cabinet.

Present Provision: Lok Ayukta Act makes it binding on a public servant to discontinue the public office, against whom an allegation is substantiated by the Lok Ayukta.
Proposed Amendments: It amends section 14 of the Lok Ayukta Act that allows the Lok Ayukta to direct a public servant to vacate office if an allegation is substantiated. Key Amendments are listed below-
- The Governor, the government or the authority may decide on the Lok Ayukta’s finding within three months.
- It also seeks to provide for an appeal mechanism against Lok Ayukta’s decisions.

Hasty Decision: Kerala Government’s proposed amendments give an impression that it is in an unseemly hurry.
- For example, amending a provision that allows the anti-corruption judicial body (Lok Ayukta) to direct a public servant to vacate office, if an allegation is substantiated.
Dilution of Lok Ayukta Law: the change may dilute section 14 of the Lok Ayukta law which is its most stringent provision.
Promoting Favoritism and Nepotism: Critics also blame that the proposal may be linked to ongoing inquiries by the Lok Ayukta against members of the Cabinet.
- In April 2021, Minister for Higher Education and Minority Welfare K.T. Jaleel had to resign after the Lok Ayukta found him guilty of nepotism.

Unconstitutional Provision: Kerala Government says section 14 of the Lo Ayukta Act is unconstitutional.
- The Government said that section amounts to the removal of a Minister duly appointed by the Governor on the advice of the Chief Minister and violates Articles 163 and 164 of the Constitution.
Lack of Appeal Mechanism: The Kerala Government says that in the present act, there is no provision for appeal for the alleged individual.

A regime truly disposed towards corruption-free governance should not normally be worried about a law that allows an independent judicial forum to direct a public servant to leave office.
If it has well-founded reservations about the process, it should not be chary of introducing relevant amendments in the Assembly.