Karnataka Government to call shots, to make removal of Lokayukta easy

BENGALURU: In a quick U-turn, the state government which had circulated a draft amendment bill to the Lokayukta Act with several measures to turn the institution into a weak and vulnerable entity, introduced one with new clauses limited only to appointment and removal of the Lokayukta and Upalokayukta, in the Assembly on Friday.

The proposed amendment would be discussed in both Houses on July 30 and 31 with the government restricting the changes in line with the demand of Opposition parties pertaining to appointment and removal of the Lokayukta and Upalokayukta. The government has retained all the other clauses of the original Act introduced by the late Chief Minister Mr Ramakrishna Hegde in 1984, and which was viewed as a model by other states.  

In the amendment, the government has scrapped the two-step procedure for removal of Lokayukta and Upalokayukta, including one related to Judges (Inquiry) Act, 1968, and reduced the number of legislators required to vote for their removal from two-thirds of members present and voting to one-third the strength of the House.

On passage of the motion seeking their removal, the Chief Justice of Karnataka High Court or a judge appointed by him would probe the charges and submit a report on the culpability of the Lokayukta or Upalokayukta. Based on this report, the two Houses would pass a motion to remove them or drop the move.

For appointment, the amendment has expanded the criteria with the addition of a high court judge with ten years experience for the post of Lokayukta, while for Upalokayukta, it could be a judge with five years experience in the high court.

New Act simplifies Ayukta ouster

A day after circulating a draft amendment which would have turned the Lokayukta into a toothless institution, the state government introduced an amendment to the Lokayukta Act in the Legislative Assembly on Friday, restricting the changes only to removal and appointment of Lokayukta and Upalokayukta. The amendment proposed facilitates certain simple procedures for ousting the Lokayukta and Upalokayukta.

First, one-third of the members of either the Legislative Assembly or Legislative Council should move the motion (as against two-thirds in the Act), and then the complaint would be referred to the Chief Justice of Karnataka High Court.

The Chief Justice could either investigate the charges or appoint a judge to probe them. If the charges are proved, then the recommendation would be sent to the Governor. The Governor would forward the report to presiding officer of the House so that the members could again move a motion for removal of Lokayukta or Upalokayukta.

With regard to the appointment of Lokayukta, the proposed amendment states that besides a retired judge of the Supreme Court or Chief Justice of the high court, any judge who has served in a high court for ten years could be considered for the post.

In case of Upalokayukta, any one who has served as high court judge for five years could be considered for the post. The amendment bill also makes it mandatory for Lokayukta to file an annual report about its performance.

Earlier, the government had tried to limit the functioning of Lokayukta only to investigation of cases coming under Prevention of Corruption Act and not instances of maladministration. It also intended to curtail the power of Lokayukta to register a case against the Chief Minister and legislators.

The government had also made provisions to reserve the right to accept or reject the recommendation of Lokayukta.