The Advocate General’s (AG) legal opinion on Kerala Lok Ayukta Act amendment, which the State government used to promulgate an Ordinance to curtail the Lok Ayukta’s powers, says that Section 14 of the Act violated Articles 163 and 164 of the Constitution and hence the Section requires amendment.
Chief Minister Pinarayi Vijayan placed the legal opinion on the table of the Assembly on Wednesday.
According to the legal opinion given to the government in April 2021, an anomalous situation may arise if a declaration is made against a member of the Council of Ministers of the State by the Lok Ayukta in terms of Section 14, read with 12(3) of the Act. As per Section 14, if the Lok Ayukta or Upa Lok Ayukta is satisfied that the complaint involving an allegation against a public servant is substantiated, he or she should not continue to hold the post. It also says that the competent authority, be it the Governor or the Chief Minister or the government, shall accept the Lok Ayukta's declaration to this effect under Section 12(3).
