After hours-long heated arguments between the ruling and opposition benches, the Kerala Assembly on Tuesday, August 30, passed the controversial Lok Ayukta (Amendment) Bill, which seeks to make the executive the appellate authority over reports by the Lok Ayukta, even as Congress-UDF boycotted the proceedings before the voting.
Announcing their boycott, Leader of Opposition in the Assembly VD Satheesan said it was a "black day" in the history of the state Assembly and the UDF did not want to witness the "killing" of the anti-corruption agency using the majority in the Assembly. "The opposition cannot support the attempt made by the government to eliminate and weaken an anti-corruption agency. We are registering our stern opposition against passing this bill...we will fight it tooth and nail," he said.
The opposition also asked if the Bill was passed, how could the Assembly take a decision on a verdict pronounced by the Lokayukta against the Chief Minister in a case. Earlier, Congress legislators Ramesh Chennithala and P C Vishnunath raised a point of order saying that adding new amendments in the Bill, which was sent to the subject committee last week, was in violation of the rules but Speaker M B Rajesh rejected it and gave a ruling in this regard.
Law Minister P Rajeeve rubbished claims of the Opposition, saying that the subject committee had the power to make changes in the Bill. Though the opposition, had last week vigorously argued against the introduction of the Bill or it being sent to the Subject Committee, both were approved by the House.
It was in the Cabinet meeting held on January 19 this year that the Left government promulgated an ordinance to make certain amendments to the Kerala Lokayukta Act, 1999.The amendment will make the competent authority the Chief Minister or the government with the power to overrule the Lokayukta. It was feared this would dilute the powers of the body.
The amendment will make Lokayukta a body for just making recommendations or sending reports to the government. The move to amend the Lokayukta Act has created a storm in the state as the Congress-led Opposition is opposed to it.
The Opposition's accusation is that the government fears that it would face adverse verdicts from the body on the complaints pending against the Chief Minister The complaint against the CM pertains to the anomalies in the distribution of financial aid from the Chief Minister's Disaster Relief Fund. There was also a complaint against Higher Education Minister R Bindu regarding her alleged illegal interference in the re-appointment of the Vice-Chancellor of the Kannur University. The Lokayukta, however, had dismissed the plea filed by senior Congress leader Ramesh Chennithala.
The Left Democratic Front government earlier had submitted before the High Court that the Lokayukta's functions are only investigative in nature and therefore the ordinance amending the Lokayukta Act has not made the executive an appellate authority and that it would encroach into the judiciary's domain. KT Jaleel, Higher Education Minister of the previous Pinarayi Vijayan government was forced to resign days after the Lokayukta found that he was guilty of nepotism and had given a government job to a relative.
Opposition leader VD Satheesan termed the day as a black day in history. Former opposition leader Ramesh Chennithala has alleged that more amendments have been added in the bill.
Section 14 of the principal Act has been substituted namely recommendation of the Lok Ayukta or Upa-Lokayukta and action thereon
where after investigation into a complaint, the Lok Ayukta or an Upa Lok Ayukta is satisfied that the complaint involving an allegation against the public servant is substantiated and the public servants is not fit to hold the posts as such, the Lok Ayukta or Upa-Loka Ayukta, as the case may be, shall be make a recommendation to the competent authority to that effect in its report under sub-section (3) of section 12, report on the subject committee reads.