Opposition challenge fails: Kerala Lok Ayukta amendment upheld

Kochi: The Kerala High Court has upheld the Lok Ayukta (Amendment) Act, dismissing petitions filed by opposition leaders, including Ramesh Chennithala, challenging the legislation. The petitions had questioned the validity of the amendment, claiming it undermined judicial powers.

The High Court clarified that the constitutional amendment is valid, though it allowed for certain modifications. The court also ruled that if the Lok Ayukta submits recommendations and the state legislature fails to take action within three months, the recommendations will be deemed accepted. The bench was presided over by the Chief Justice Soumen Sen and Justice Syam Kumar VM.

The petitions had sought to declare the amendment unconstitutional, arguing it encroaches on judicial authority.

Earlier, the controversial Lok Ayukta amendment bill, which had sparked significant political debate, had already received presidential assent. The Kerala government had initially not sanctioned the bill, and Governor Arif Mohammad Khan forwarded it to the President for approval. The presidential assent marks a formal endorsement of the bill, although critics argue that the amendment reduces the Lok Ayukta’s powers.

Under the new amendment, even if the Lok Ayukta finds a public official guilty, they may continue in office until further action. The changes effectively curtail the authority of the anti-corruption ombudsman, a point that had been raised during debates.

The bill follows the framework of the Lokpal legislation. Post-amendment, the Governor will no longer have appellate powers. If a Lok Ayukta verdict is against the Chief Minister, the state legislature will act as the appellate authority. Similarly, in cases against ministers or MLAs, the Speaker will handle appeals. The 14th clause of the Lok Ayukta Act, which granted certain powers, is now effectively removed.