Narendra Modi Shows Governor Who's The Boss
~~Sumit Khanna
~~Sumit Khanna
Gujarat House passes bill giving chief minister lead role in appointment of lokayukta
The Gujarat Lokayukta Aayog Bill, which aims to curtail the primacy of the governor and gives a big say to the chief minister in the selection of the lokayukta, was passed by the assembly on Tuesday, amid a walkout by the opposition.
The bill was moved in the assembly on Tuesday, the last day of the budget session of the assembly, amid a bitter legal battle between the Narendra Modi government and governor Dr Kamla.
Incidentally, the state government has also filed a curative petition in the Supreme Court, which comes close on the heels of the apex court rejecting its review petition and upholding retired justice RA Mehta’s appointment as lokayukta.
The bill was passed two years after governor Dr Kamala returned a lokayukta amendment bill. In the existing Gujarat Lokayukta Act, 1986, the power of selecting the lokayukta is vested in the governor.
However, in the new bill, the governor has no say in the selection. The governor’s role has been reduced to appointing the lokayukta as recommended by the selection committee headed by the chief minister. Other members of the selection committee will include the leader of opposition, speaker of the assembly, one minister, a high court judge and the state vigilance commissioner.
The chief justice’s role in the selection of lokayukta has also been reduced to nominating a judge to the committee in consultation with a collegium of five high court judges.
Apart from curtailing the power of the governor and the chief justice, the bill’s character has remained the same as the existing Lokayukta Act, 1986, which has been held as a “toothless piece of legislation” by some legal experts.
The bill also replaces the existing lokayukta with a multi-member lokayukta commission, comprising one lokayukta and up to four uplokayuktas.
Leader of the opposition Shankarsinh Vaghela accused the government of running away from corruption charges, and described the bill as a face-saving exercise. He blamed the government for the post of lokayukta lying vacant since 2003.
If the government is honest, it should withdraw the curative petition and appoint RA Mehta as the Lokayukta. Even the Supreme Court has given its approval to his name,” Vaghela said in the assembly.
The bill was moved in the assembly on Tuesday, the last day of the budget session of the assembly, amid a bitter legal battle between the Narendra Modi government and governor Dr Kamla.
Incidentally, the state government has also filed a curative petition in the Supreme Court, which comes close on the heels of the apex court rejecting its review petition and upholding retired justice RA Mehta’s appointment as lokayukta.
The bill was passed two years after governor Dr Kamala returned a lokayukta amendment bill. In the existing Gujarat Lokayukta Act, 1986, the power of selecting the lokayukta is vested in the governor.
However, in the new bill, the governor has no say in the selection. The governor’s role has been reduced to appointing the lokayukta as recommended by the selection committee headed by the chief minister. Other members of the selection committee will include the leader of opposition, speaker of the assembly, one minister, a high court judge and the state vigilance commissioner.
Apart from curtailing the power of the governor and the chief justice, the bill’s character has remained the same as the existing Lokayukta Act, 1986, which has been held as a “toothless piece of legislation” by some legal experts.
The bill also replaces the existing lokayukta with a multi-member lokayukta commission, comprising one lokayukta and up to four uplokayuktas.
Leader of the opposition Shankarsinh Vaghela accused the government of running away from corruption charges, and described the bill as a face-saving exercise. He blamed the government for the post of lokayukta lying vacant since 2003.
If the government is honest, it should withdraw the curative petition and appoint RA Mehta as the Lokayukta. Even the Supreme Court has given its approval to his name,” Vaghela said in the assembly.
Courtesy: DNA India