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Plea Challenges Amendment To S.14 Of Kerala Lok Ayukta Act In High Court, Says It Empowers Executive To Nullify Judicial Order
Tellmy Jolly
20 March 2024 11:24 AM IST
A plea has been moved before the Kerala High Court challenging the Kerala Lok Ayukta (Amendment) Act, 2022 insofar as it amends Section 14 of the principal Act. The Amendment was passed by the Kerala Legislative Assembly and the President gave assent to it on February 09, 2024. The plea states that the newly substituted section 14 violates the doctrine of separation of powers by granting...
A plea has been moved before the Kerala High Court challenging the Kerala Lok Ayukta (Amendment) Act, 2022 insofar as it amends Section 14 of the principal Act. The Amendment was passed by the Kerala Legislative Assembly and the President gave assent to it on February 09, 2024.
The plea states that the newly substituted section 14 violates the doctrine of separation of powers by granting the executive authority with appellate powers and takes away the power of the Lok Ayukta.
The Division Bench comprising Chief Justice A J Desai and Justice V G Arun is hearing the matter and has directed the Advocate General to file a reply statement. The matter has been posted to June 06, 2024.
The plea states that The Kerala Lok Ayukta Act, 1999 has been formed for eradicating corruption in the State. The plea stated that section 14 of the Act was substituted rendering it unconstitutional and void for it takes away the power of the Lok Auykta. The unamended 'Section 14- Public Servant to Vacate Office if Directed By Lok Ayukta etc' provided that if a finding was returned by the Lok Ayukta or Upa Lok Ayukta against a public servant, then that public servant was required to vacate his office.
The plea stated that now 'Section 14-Recommendations of the Lok Ayukta or Upa-Lok Ayukta and action thereon' makes the executive (Government/Chief Minister) the appellate authority against a report or declaration passed by the Lok Ayukta.
The plea alleged that the newly amended section 14 is violative of the doctrine of separation of powers provided in the Constitution. It is alleged that the executive authority will now function as an appellate body having the power of review or appeal over the findings of the Lok Ayukta. The plea alleged: “Because of the amendment, it be right to construe a scenario wherein, even when a public servant has been found guilty based on tangible evidence, and a declaration is being made to the competent authority/government/chief minister, as an appellate body, it has been granted with the right to reject the finding of the judicial body. The amendment will grant protection to the delinquent public servant in the future and injustice will have prominence and the public will be helpless.”
The plea alleged that the newly introduced Section 14 was a direct encroachment of the executive into the independence of the judicial and quasi-judicial orders. “Such a placing of appellate position with the Executive will render the very Lok Ayukta Act otiose” stated the plea.
The petitioner, N Prakash appeared party in person.
Case Title: WP(C) 11107/ 2024
Case Number: N Prakash Vs State Of Kerala
