Kerala HC seeks state govt's response on Lokayukta Act amendment ordinance
Feb 10, 2022
Kochi (Kerala) [India], February 10 : Kerala High Court on Thursday issued a notice to the state government for its response on a plea challenging the amendment to Section 14 of the Lokayukta Act.
The amendment ordinance which was first introduced in the cabinet on January 19 was approved by the Kerala Governor Arif Mohammad Khan on February 7.
The court has issued a notice to the state government on a plea filed by RS Sasikumar, a social worker seeking to declare the amendment which is conferring the 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.
In the plea, the petitioner pointed out 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 Lokayukta itself.
"Taking away the Lokayukta'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," the pleas read.
"Any attempt by the executive or the legislature to transgress into the jurisdiction and powers of the judiciary is described as constitutional poach. When the field is already occupied by the central Legislation, in spite of 16 Section 63 of the Central Act, a law made by the State shall not be inconsistent with the provisions of the Central Act and any law so made which is inconsistent with the Central Act will be void to that extent as provided under Article 254(2) of the Constitution of India," the plea further read.
Further, it submitted that it was obligatory to reserve the ordinance for the assent of the President which is the mandate of the Constitution.
"Since the ordinance does not satisfy the constitutional mandate under Article 254(2), it was liable to be declared as unconstitutional. Once a law is enacted the constitutional validity of the provision can only be considered by the constitutional courts and not by anyone else," the petitioner said in the plea.
