Amendments Will Make Lokayukta Toothless

With the state government planning to amend the Karnataka Lokayukta Act, 1984, following a crisis of confidence in the anti-corruption watchdog.

BENGALURU: With the state government planning to amend the Karnataka Lokayukta Act, 1984, following a crisis of confidence in the anti-corruption watchdog, activists and former judges have called for a judicious approach on the issue.

Amending the Act only to weather the current storm will not only weaken the Lokayukta but also rob it of its independence, they say.

Speaking to Express, former Supreme Court judge Justice Shivaraj Patil said any amendments to the Act should be enacted only to strengthen the Lokayukta, not to weaken it.  Maintaining that he was yet to go through the proposed changes, he said any amendments should only facilitate the institution to operate freely and independently.

“One should not think of amendments only to tackle the present situation. Laws should be framed in such a manner that they are applicable for the future,” he said.

S R Hiremath of the Samaj Parivartana Samudaya feels that the state should throw the issue open for public debate rather than introduce the Bill in secrecy.  “Prosecuting the Lokayukta or removing him from office is a different matter. Such situations call for innovative methods, which the legal experts should come out with,” he said.  Stating that the current issue is worrying, he said the manner in which the government plans to tackle it is inappropriate. “It is retrograde stuff,” he said.

The Lokayukta, which is an institution to check maladministration and curb corruption, will no longer remain so after the amendments, they say. It will be reduced to a mere paper tiger.

At present, the Lokayukta can prosecute even the chief minister with the approval of the Governor, but the amendments will require that it take the permission of the Assembly to do so. Similarly, the bar has been lowered for the appointment of the Upa Lokayukta.

Hiremath termed the new proposals as “ridiculous” and as “methods to control the independent anti-corruption watchdog.” Samuel Paul of the Public Affairs Centre said the amendments will make the Lokayukta politically vulnerable. “The government should proceed according to the existing laws rather than display haste to amend the Act.”

He said the controversy would ease if the incumbent Lokayukta steps down as a major scam had occurred “right under his nose.”

Former Justice K S Puttaswamy said if the government wants to remove the Lokayukta, Section 6(2) of the Act provides room for this by impeaching the judge.

He said the government could refer to the Justice Ramaswamy case reported in the 90s to initiate proceedings against any judge. Action can be taken even against the Lokayukta without amending any laws, he said.

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