The State government will now move an amendment to the Karnataka Lokayukta Act, 1984, as confusion over its provisions made it impossible for the State legislature to even admit a petition seeking removal of Lokayukta Y. Bhaskar Rao, as demanded by the Opposition.
Law and Parliamentary Affairs Minister T.B. Jayachandra told the Assembly that a comprehensive Bill would be introduced in a week’s time in the House in Bengaluru. The new Bill will have provisions to regulate the functioning of the anti-corruption agency, including the removal of the Lokayukta.
Lack of clarity
The lack of clarity begins even with the number of legislators required to move a petition seeking the removal of the Lokayukta as there is confusion over how the Judges (Inquiry) Act, 1968, shall apply ‘mutatis mutandis’ as Section 6 (2) of the Karnataka Lokayukta Act provides
While the Judges (Inquiry) Act stipulates that at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha are required to move a petition for removal of a High Court or Supreme Court judge, how those required numbers would be adapted and applied to the Assembly is not stipulated in the Karnataka Lokayukta Act.
A section of legal experts and Opposition parties argued that this number can be scaled down proportionately.
However, Advocate-General Ravivarma Kumar said it cannot be, and hence the impasse.
Provisions of the Act for the removal of a Lokayukta is open for interpretation. The matter is likely to be up for judicial interpretation and review.
Uday Holla
former Advocate-General
When our Council has 75 members and Assembly 225, the numbers have to be scaled down proportionately. We have now ended up in a deadlock. In its present form, the Act makes the removal impractical.
N. Santosh Hegde
Former Lokayukta
It is an error by the writers of the Act to have not laid down the exact procedure for the removal of Lokayukta.The Act should be amended immediately.
M. Rama Jois
Former Chief Justice of Punjab and Haryana High Courts
