English Article

Wrong Route

Kerala’s move to dilute the Lok Ayukta law through anordinance is questionable.

The Kerala government’s proposal to amend its Lok Ayukta Act through an ordinance appears questionable and hasty. Even though the Left Democratic Front (LDF) government is citing legal opinion to justify the proposed amendments, it does give an impression that it is in an unseemly hurry to remove the finality attached to a provision that allows the anti-corruption judicial body to direct a public servant to vacate office, if an allegation is substantiated. The criticism by the Opposition that the change may dilute the Lok Ayukta law appears valid, as Section 14 of the Lok Ayukta Act is its most stringent provision. Both the Congress-led United Democratic Front and the BJP have appealed to the Governor not to promulgate the ordinance cleared by the Cabinet. Opposition parties have suggested that the proposal may be linked to ongoing inquiries by the Lok Ayukta against members of the Cabinet. Also, the present regime has been adversely affected by this particular provision. 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. The present regime seems to have realised only after this episode the implications of the binding nature of the Lok Ayukta’s ‘declaration’ that a public servant, against whom an allegation is substantiated, should not continue to hold office. It is strange that the Government now says the section is unconstitutional when it could have been challenged by Mr. Jaleel himself.