With entire opposition suspended, Gujarat assembly passes Lokayukta bill

Gandhinagar: In the continuing tug of war between Narendra Modi government and the Governor Kamla Beniwal, the state assembly on Tuesday passed the Gujarat Lokayukta Ayog Bill, 2013 for a second time without incorporating any major changes sought by Raj Bhavan, setting the stage for a fresh confrontation. Almost the entire opposition was suspended from the house for two days with the lone member Keshubhai Patel sitting in the opposition.Congress leader Digvijay Singh tweeted: "This is what Democracy means to BJP's PM in waiting. Would Sushmaji and Jaitleyji like this to be followed in Parliament ?"He further tweeted: "GUJARAT ASSEMBLY - Whole Opposition suspended PRESS- Debarred from Reporting LOK AYUKT BILL to investigate corruption drafted by CM passed"The governor had on September 3 returned the bill, passed by the assembly on April 2, to the government for reconsideration, dubbing the legislation as "complete mockery of the judicial process and detrimental to the interests of public welfare". The contentious new Bill seeks to establish the primacy of the Chief Minister and the government in the appointment of anti-corruption watchdog. The Bill, piloted by Finance Minister Nitin Patel, was passed by the House amid protest by the lone Opposition MLA present, Keshubhai Patel of Gujarat Parivartan Party, who demanded it be sent to the Standing Committee. The MLAs of main Opposition Congress and NCP were on Monday suspended for two days for creating unruly scenes. In the existing Gujarat Lokayukta Act 1986, the power of selection of Lokayukta is vested in the governor and the chief justice of the high court. The new bill provides for appointment of the lokayukta by a six-member committee headed the chief minister. The Bill passed on Tuesday incorporated two minor changes from its earlier version including one pertaining to the definition of the governor. The other was deleting words 'substantive capacity' from section 3 sub section five of the bill. The sub-section five of section 3 of the previous Bill said, "The lokayukta shall be a person who is or has been a judge of Supreme Court of India or Chief Justice of a high court in a substantive capacity". The Modi government and Governor Beniwal have been at loggerheads on the issue of appointment of lokayukta ever since she appointed Justice (Retd) R A Mehta to the post on August 25, 2011 bypassing the government, triggering a prolonged legal battle. Though her decision was upheld by the high court and Supreme Court, the post is still lying vacant in the state as Mehta refused to take charge.The new bill empowers a selection committee chaired by the Chief Minister to appoint the Lokayukta. The panel comprises the Speaker of the Assembly, a Minister, the Leader of Opposition, a High Court Judge to be nominated by the Chief Justice, and the State Vigilance Commissioner.The bill provides for four ‘Up-Lokayuktas', unlike the current Act, and has provisions for retirement of the Lokayukta and the ‘Up-Lokayukta'.The ombudsmen will hold office for the term of five years or till attaining 72 years of age, whichever is earlier. As against the present act that qualifies a retired High Court Judge to assume the office of Lokayukta, the new bill says that “the Lokayukta shall be a person who is or has been a Judge of the Supreme Court of India or Chief Justice of a High Court in a substantive capacity, while the retired High Court Judges will qualify for the position of Up-Lokayukta.”