Kerala Governor signs Ordinance to amend Lok Ayukta Act

Kerala Governor Arif Mohammad Khan has signed the Ordinance to amend the Lok Ayukta Act amid protests from the Opposition. Governor's move comes a day after he had a meeting with Chief Minister Pinarayi Vijayan on his return from abroad. The Chief Minister apprised the Governor that Section 14 of the Lok Ayukta  Act was "constitutionally untenable" and the decision to amend it was not politically motivated.  Earlier, the Governor had refused to sign the Ordinance for almost two weeks and sought clarification from the CPI(M)-led Pinarayi Vijayan Government. Congress-led Opposition had urged the Governor not to sign the Ordinance alleging that several complaints of irregularities of the Government were pending.

Now, the state government would have the power to “either accept or reject the verdict of the Lokayukta after an opportunity of being heard”. Currently, under Section 14 of the Act, a public servant is required to vacate office if directed by the Lokayukta. The amendment has taken away this mandatory nature of the verdicts by the quasi-judicial anti-corruption body. Post-amendment, a Lokayukta verdict would have only recommendatory jurisdiction, not a mandatory one.The move of CPI(M), which at the national level had always advocated for “strong” and “effective” Lokpal and Lokayuktas, to clip the wings of the anti-corruption watchdog has caused a furore in the ruling LDF as well as the Opposition UDF. The decision to bring in an ordinance to dilute the powers of the Lokayukta was not discussed in the LDF.