The Communist Party of India (CPI) has reportedly expressed its reservations about amending the Kerala Lok Ayukta Act, 1999 in the format proposed by the government.
A meeting of the Cabinet on Tuesday fuelled speculation that CPI Ministers had objected to the amendment provision that accorded the Governor or the Chief Minister in their capacity as the “competent authority”, as the case may be, to accept or reject a ruling by the Lok Ayukta in cases of corruption, nepotism and maladministration.
Instead, the CPI has reportedly proposed a five-member independent committee to weigh Lok Ayukta rulings. It was apparently against vesting the political executive with the power to accept or reject Lok Ayukta’s orders.
By some accounts, the CPI(M) felt that redrafting the amendment Bill could entail legal complexities. Hence, it purportedly invited the CPI to move its proposal as an amendment when legislating the Bill in the Assembly.
Moreover, the CPI was reportedly reluctant to rock the ruling alliance despite its variance with the Communist Party of India (Marxist) [CPI(M)] on the Bill.
Law Minister P. Rajeeve rejected reports that the Cabinet was divided. However, United Democratic Front (UDF) convenor M. M. Hassan alleged that the Cabinet had lost its collective responsibility. He also welcomed the CPI’s stance on the Bill.
The government had issued an amendment ordinance to curb the powers accorded to the Ombudsman under Section 14 of the Act. The original provision empowered the Lok Ayukta to eject an “errant” public official from office. It could also ban the person from holding public office for perpetuity.
The CPI(M) objection was that a “declaration” under the section was binding with no scope for appeal. In its current form, the law granted the Ombudsman absolute power.
The ordinance had lapsed last week after Governor Arif Mohammed Khan asked the government to explain the rationale for repromulgating the executive order. It propelled the government to recommend that Mr. Khan convene the Assembly on August 22.
Meanwhile, the Congress-led UDF Opposition perceived an unlikely ally in the CPI when opposing the Bill in the Assembly. The Opposition has interpreted the amendment as a Machiavellian attempt to defang the Ombudsman and relegate the forum to a nominal advisory role to insulate the government from anti-corruption investigations.
