Gauhati High Court Stays Nagaland Lokayukta Act Amendments Altering Search Committee To Select Lokayukta, Broadening Eligibility Criteria

The Gauhati High Court at Kohima on Wednesday (January 22) granted an interim stay on the operation of the two amendments to the Nagaland Lokayukta Act, 2017 which provided for the Search Committee consisting of the Chief Secretary or Additional Chief Secretary and the Advocate General of Nagaland for the selection of Lokayukta and broadened eligibility criteria for the appointment of a Lokayukta.

The petitioners contended that the Nagaland Lokayukta Act, 2017, as amended by the First Amendment Act, 2019, under Section 3(2)(ii), provides that the Selection Committee, for the purpose of selecting the Lokayukta and preparing a panel of persons for such appointments, shall be guided by a Search Committee consisting of the Chief Secretary or Additional Chief Secretary and the Advocate General of Nagaland. It was argued that the said provision is repugnant to the Central Act (Lokpal and Lokayukta Act, 2013) as it deviates from the statutory framework and safeguards laid down under Section 4(3) of the Central Act.

Section 4(3) of the Lokpal and Lokayukta Act, 2013, provides for the constitution of a Search Committee comprising at least seven persons of eminence, possessing special knowledge and expertise in matters relating to anti-corruption policy, public administration, vigilance, policy-making, finance including insurance and banking, law, management, or any other matter which, in the opinion of the Selection Committee, may be deemed useful.

It further mandates that not less than fifty percent of the members of the Search Committee shall be from persons belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, and women.

It was further contended that Section 3(4) of the Nagaland Lokayukta Act, 2017, as amended by the Nagaland Lokayukta (2nd Amendment) Act, 2022, significantly broadens the eligibility criteria for the appointment of a Lokayukta. The amended provision unambiguously includes a wider range of individuals eligible for appointment, departing from the stricter framework laid down in the central legislation. As per the amended Section 3(4), a Lokayukta can now be a person who has been a Judge of the Supreme Court, the Chief Justice of a High Court, a Judge of a High Court, a person qualified to be appointed as a Judge of a High Court, or a person with vast knowledge of law and experience in judicial matters.

It further includes individuals of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty years in matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law, and management. This expanded scope undermines the uniformity of standards set by Section 3 of the Lokpal and Lokayukta Act, 2013, and creates a conflict in the statutory framework.

It was submitted that the doctrine of repugnancy, as enshrined under Article 254 of the Constitution of India, mandates that if any provision of a law made by the legislature of a state is repugnant to a provision of a law made by Parliament with respect to a matter enumerated in the Concurrent List, then the law made by Parliament shall prevail. To the extent of such repugnancy, the law enacted by the state legislature shall be deemed void.

Thus, it was prayed before the Court to hold that the Nagaland Lokayukta (1st Amendment) Act, 2019 vide which Section 3(2)(ii) has been inserted and Nagaland Lokayukta (2nd Amendment) Act, 2022 vide which new sub section (4) inserted in Section 3 of the Nagaland Lokayukta Act, 2017 are void as it is hit by repugnancy under Article 254(2) of the Constitution of India read with Lokpal and Lokayukta Act, 2013 enacted by the Parliament as unconstitutional and null & void.

The division bench comprising Justice Parthivjyoti Saikia and Justice Budi Habung issued notice to the State respondents and ordered an interim stay on the above-mentioned two amendments to the Nagaland Lokayukta Act, 2017.

The matter is to be listed after four weeks.

Case Title: Shri Vikato Shikhu & Anr. v. State of Nagaland & Anr.

Case No.: PIL/1/2025

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