A Division Bench of the Kerala High Court on February 10 declined to stay the operation of an amendment brought to Section 14 of the Kerala Lokayukta Act through the Lokayukta (Amendment) Ordinance which allows the Government to take a call on a declaration made by the Lokayukta for removal of a public servant found guilty of corruption or maladministration.
The Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chali , however, made it clear that any decisions to be taken by the Government on the orders passed by the Lokayukta under Section 14 would be subject to the outcome of the writ petition.The court also admitted the petition filed by R.S. Sasikumar of Thiruvananthapuram.
According to him, the amendment to Section 14 had interfered with the administration of justice and conferred a mode of appeal on the State, which “is far more dangerous than abolishing the Lokayukta itself”. He pointed out that the amendment had delegated the power to the Government to consider the merit of the orders by the Lokayukta. It was nothing but legislation interfering with the functioning of a judicial body. In fact, the executive was now allowed to function as an appellate authority which indicated the unconstitutionality of the ordinance. Besides, the amendment had granted protection to a delinquent public servant.
The petitioner also contended that the amendment was inconsistent with the provisions of Lokpal Act, a Central Act. Therefore, it was obligatory on the part of the Governor to reserve the ordinance for the assent of the President as per the mandate of the Constitution of India. Instead, the Governor gave his assent to the ordinance. Therefore, the assent of the Governor was invalid and opposed to the constitutional scheme.
The Ordinance has also amended the requirement of appointing retired Supreme Court judges or former Chief Justice as LokAyukta and allowed the appointment of retired High Court judges to the post.
