THIRUVANANTHAPURAM: Avoiding another stand-off with the Pinarayi Vijayan government, Governor Arif Mohammed Khan on Monday promulgated the Kerala Lok Ayukta Act (Amendment) Ordinance that curtails the power of the anti-corruption watchdog and converts it into an advisory body. Khan, who had sat over the cabinet-approved draft ordinance for three weeks, signed it after Pinarayi called on him on Sunday night and made a strong case for the governor’s nod.
The CM explained the circumstances under which the government came out with an ordinance mainly for amending Section 14 of the Kerala Lok Ayukta Act, 1999. Section 14 empowers the Lok Ayukta to remove a corrupt public official from office and deter him/her from holding the post again.
The government is of the view that the provision is ‘constitutionally untenable’ and should be amended. As per the amendment, the recommendation for action against a minister will be reviewed by the CM and that against the CM will be reviewed by the governor after conducting a hearing within three months of the date of recommendation. They can either accept or reject the recommendation.
Another major amendment is to enable retired high court judges, too, to hold the post of Lok Ayukta. As per the original act passed by the E K Nayanar government, only a retired chief justice of a high court or a retired judge of the Supreme Court is eligible to become Lok Ayukta. The Opposition UDF and BJP have accused the government of trying to weaken the Lok Ayukta through the ordinance.
Rift widens further in ruling Left front
A delegatio n led by Leader of Opposition V D Satheesan had met the governor and urged him not to give assent to the ordinance. The Opposition sought presidential assent as the original act had it. The governor, however, went by advocate general's reasoning that no presidential assent is required as Parliament passed Lokpal Act in 2013 and the Act suggests all states to pass Lok Ayukta Act.
States like Karnataka and Punjab which had passed Lok Ayukta acts, like Kerala, years before the Lokpal Act, later amended the acts. However, the promulgation of the ordinance has further widened the rift within the ruling LDF, with the CPI making its displeasure public soon.
CPI state secretary Kanam Rajendran, who questioned the urgency in bringing in the ordinance, said decisions should be taken in the LDF after consensus of opinion. "The CPI is not convinced about such an urgent scenario.
The governor might have signed the ordinance as he is convinced about the same. However, no discussion was held in the LDF," said Kanam. The CPM, however, does not take the criticism seriously as four CPI ministers had attended the cabinet meeting which approved the draft ordinance unanimously.
CPI not happy