Ahmedabad, Apr 3: The controversial new Gujarat Lokayukta bill, which curtails the primacy of the Governor and Chief Justice of the High Court in appointment of the anti- corruption ombudsman, was on Tuesday passed by the Assembly amid protests from the opposition Congress.
Congress dubbed the the Gujarat Lokayukta Aayog Bill, 2013 as a ploy by the Narendra Modi government to keep corruption under wraps. The legislation was passed by majority vote after Congress walked out of the House.
Apart from curtailing the power of the Governor and the Chief Justice, the bill's character has remained same as the existing Lokayukta Act 1986, which has been held as a "toothless piece of legislation" by some legal experts.
The Bill passed two years after Governor Kamala Beniwal returned a Lokayukta amendment bill, proposes to give all the powers of the appointment to a selection committee headed by Chief Minister and wants the Governor to act on its recommendations. The Chief Justice virtually has no role under the new bill.
Under the existing Lokayukta Act, the power of selection of Lokayukta rests with Governor and the Chief Justice of the state High Court.
The new Bill came after the state government lost a bitter fight legally and politically when Governor Kamala Beniwal, bypassing the state government, appointed Justice R A Mehta as the state Lokayukta which was upheld by the High Court as well as Supreme Court in January this year.
The apex court had ruled that "primacy" of the opinion of the Chief Justice in the Lokayukta Act was final.
The existing Lokayukta Act and the Lokayukta Aayog Bill both have given power to Lokayukta to merely report their findings to competent authorities, but they have no power to take penal actions.
Leader of Opposition Shankarsinh Vaghela opposed the Bill, saying "the state government is afraid that Lokayukta Justice Mehta will expose the corruption of the government". Vaghela alleged the bill is just a delaying tactic so that they do not have to appoint Justice R A Mehta as Lokayukta.
As per the provision (Sec 12(8)), whoever discloses to the public or to the press any information or publishes such information in contravention of the provisions of this section should invite two years' imprisonment and also the fine of Rs 2 lakh.
The bill was introduced in the Assembly by Finance Minister Nitin Patel.
After a five-hour debate, when the minister began his reply, Congress MLAs started shouting slogans for withdrawal of the bill and later staged a walk out.
The Modi government brought the Bill despite filing a curative petition challenging the Supreme Court order.
"For the purpose of conducting investigations and inquiries in accordance with the provisions of the Act, the Governor shall .... Appoint a person to be known as the Lokayukta and not more than four other persons each to be known as Up-Lokayuktas," the Bill said, adding, "...Provided that the Lokayukta shall be appointed after consultation with the Chief Justice of High Court."
The Bill says the selection committee comprises six members. The chief minister would be its Chairperson, while Speaker of the Assembly, a minister nominated by the chief minister, Leader of the Opposition and Vigilance Commissioner of the state would be the members.
For inclusion of a member from the judicial side, the Bill proposes that the selection committee shall also comprise "one judge of the High Court of Gujarat, to be nominated by the Chief Justice of the HC in consultation with the collegiums of five senior judges."
The Bill proposes to make the Lokayukta Aayog a multi-member body as it will have up to four up-Lokayuktas apart from one Lokayukta.
Apart from the council of ministers, the Bill proposes to bring all public functionaries and office bearers of all local self-government bodies, including municipal corporations, municipalities, and boards and corporations of the state government under its ambit.
The Bill also proposes a special provision which gives pivotal power to the state government in excluding any 'public functionaries' from the jurisdiction of the Lokayukta.
As per the provision (Sec 12(8)), whoever discloses to the public or to the press any information or publishes such information in contravention of the provisions of this section would invite two years' imprisonment and a fine of Rs 2 lakh.
Finance Minister Patel said the new Lokayukta Aayog Bill was being introduced to meet the requirements of the 13th Finance Commission which has linked the annual grant of Rs 300 crore to the state with setting up of an effective anti-corruption watchdog.
"The 13th Finance Commission has recommended that the state government should appoint a corruption watchdog that will probe allegations against locally-elected representatives and officials involved in administrative work and suggest actions against them", Patel told the House.
"Governor Beniwal, while returning the amendment in the present Lokayukta Bill earlier, had asked the state to have more than one-member body to probe corruption charges against state functionaries", he said.
The minister said the state government followed the proposals of the draft Lokpal Bill which the Centre intends to bring in Parliament while nominating the selection committee to choose Lokayukta.
"The selection committee proposed in the draft Lokpal Bill is headed by prime minister and it also has the vigilance commissioner, leader of opposition and one judge from the Supreme Court as its members...We have also followed the same model," Patel said.
Condemning the Bill, Vaghela said that the inclusion of so many officials under the ambit of Lokayukta will unnecessarily increase the burden on the ombudsmen.
"Congress will take its protest against the Bill to common people. This is just a delaying tactic so that they do not have to appoint Justice R A Mehta as Lokayukta. We will take up the issue with the Governor also," Vaghela told reporters outside the House.
