Let Lok Ayukta in Kerala remain a watchdog with teeth
Kerala’s Left government is in a hurry to curtail the powers of its corruption watchdog Lok Ayukta. A draft ordinance to amend the Kerala Lok Ayukta Act of 1999 was hurriedly discussed by the state Cabinet on January 19, and forwarded to the Governor for his clearance. The amendment would transform Lok Ayukta from a proper judicial forum that has the power to expel a public servant to a mere advisory body. It also proposes to downgrade the status of Lok Ayukta by allowing a retired High Court judge to head the body, instead of a retired chief justice of the high court or a former SC judge as mandated by the original act. It was another Left government—led by E K Nayanar—that initiated the formation of Lok Ayukta in 1998. Eminent jurist P Subramanyan Potti, who was tasked with drafting the act, picked strong provisions from the Karnataka Lok Ayukta Act to equip the anti-corruption body with enough powers.
During the national debates on Lokpal Bill, the CPM leadership had often cited the Kerala model and wanted the Lokpal to be entrusted with quasi-judicial powers and autonomy to fulfil its role in an independent, accountable, transparent and time-bound manner. A few years ago, Chief Minister Pinarayi Vijayan had proudly claimed that Kerala had a Lok Ayukta that not only barked but bit too. Today, the CPM and the government led by it seem adamant on weakening the very institution that they were once proud of. The logic is that the present set-up lacks an appeal provision.
The amendment would make the chief minister the appeal authority for a verdict against a minister and the Governor for a verdict against the chief minister. The fact is that a minister’s action might be the result of a collective Cabinet decision and the Governor is bound by the Cabinet’s recommendation. Hence, this provision is in blatant variance with the principle Nemo judex in causa sua (no one should be a judge in their own cause) that guides modern jurisprudence. And even if a change is required to fix a loophole, the right way to do it is to bring a bill before the Assembly. Let the collective wisdom of the Assembly help in formulating a reasonable amendment. The larger interest lies in allowing Lok Ayukta to keep its teeth.