Plea Against Lokayukta Ordinance: Kerala High Court Seeks State Response

The Kerala High Court on Thursday admitted a plea assailing the recent amendment to Section 14 of the Lokayukta Act for allegedly diluting the judicial powers of the Lokayukta introduced by way of an ordinance and sought a response from the State government. 

A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly also passed an interim order declaring that any decision taken by the authority constituted by way of the impugned ordinance during the proceedings will be subject to the outcome of the petition.

The petitioner, a social worker, had moved the Court through Senior Advocate George Poonthottam assisted by Advocate Arun Chandran.

The State Cabinet had come out with an Ordinance on January 19 mainly amending Section 14 along with amendments in other provisions. This was sent to the Governor for his assent on January 22 and the Governor signed it on February 7.

Before the amendment, Section 14 provided that public servants shall vacate their office if directed by the Lok Ayukta and the competent authority shall accept the declaration.

However, after the amendment, the 'shall' was replaced by 'may', giving the Chief Minister the liberty to either accept or reject the declaration made by Lokayukta.

The petitioner alleged that the amendment has far-reaching consequences resulting in the interference with the administration of justice and conferring a mode of appeal to the executive of the State, 'which is far more dangerous than abolishing the Lok Ayuktha itself'.

The petitioner also argued that taking away the Lok Ayukta's power over the finality of its orders except by judicial review is a nullity in the eye of law and as such the ordinance to that extent is liable to be struck down.

It has also pointed out that the doctrine of separation of powers between the executive, judiciary and legislature is the foundation of the Indian Constitution protecting the independence of each other.

On these grounds, it was prayed that a declaration be made that amendment to Section 14 of the Kerala Lok Ayuktha Act conferring power of appeal to the executive is violative of the concept of independence of the judiciary as envisaged in the constitution and therefore bad in law, is void and violative of Article 254(2) of the Constitution of India.

Advocate General Gopalakrishna Kurup K appeared for the State and Government Pleader V Manu accepted notice for the State.

Case Title: R.S. Sasikumar v. State of Kerala