Wrong Route- Relevance for UPSC Exam
- GS Paper 2: Indian Constitution- Statutory, regulatory and various quasi-judicial bodies.
Wrong Route- Context
- 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.
Jurisdiction of Lok Adalat
Kerala Lok Ayukta Act: Present Provision and Proposed Amendment
- 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.
Wrong Route- Key Issues
- 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.
Wrong Route- Government’s Argument
- 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.
Wrong Route- Conclusion
- 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.
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