Assembly passes bill for amending Lokayukta Act

The Legislative Assembly on Thursday took its first step towards removing Lokayukta Bhaskar Rao by passing a bill to amend a legislation in this regard.

The Karnataka Lokayukta (Amendment) Bill was passed by a voice vote with a change that once the Chief Justice of the Karnataka High Court or the judge nominated finds the Lokayukta guilty of misconduct or incapacity, then both the Houses of the legislature can pass a motion with two-third majority stating that the Lokayukta should be removed. The previous amendment bill had provided that such a motion could be passed if half of the members voted for it.

Other provisions like legislature taking up the issue of the removal of Lokayukta if one-third of the MLAs or MLCs want it has been retained. The bill will be taken up for discussion in the Legislative Council on Friday.

The bill was passed after nearly five hours of discussion in the Assembly and at one point of time the mood of the House was that amendments be brought in for the immediate removal of the Lokayukta. The government even indicated that it was ready to repeal the Karnataka Lokayukta Act, 1984 thereby dissolving the institution of the anti-corruption watchdog.

Only solution
Law Minister T B Jayachandra said former chief justice of India S Rajendra Babu had suggested that the only solution to remove the present Lokayukta was to repeal the whole Act. “We seek your response”, Jayachandra asked the Opposition. Ramesh Kumar (Congress) said the House utilise its legislative powers and repeal the Act immediately.

However, BJP leaders said repealing the entire legislation would create a vacuum giving rise to various complications. “The problem is with the present Lokayukta and not the institution. By dislodging the entire Lokayukta institution we will be defeating the aspiration of the civil society”, Suresh Kumar (BJP)  said.

Basavaraj Rayareddy (Cong) said a wrong message would be sent by repealing the law as the Lokayukta legislation had been considered one of the best in the country. Suresh Kumar said Section 6 of the Act can be amended by inserting a clause that the present Lokayukta following charges of misconduct be removed with immediate effect.

He said both the Houses pass the bill with the said amendment and send it to the Governor for assent. The Lokayukta should be prevented from discharging his duties till the Governor gives his assent. Once the assent is received, the amendment clause can be repealed, he said.

Sensing the mood of the House, Speaker Kagodu Thimmappa convened a meeting of floor leaders in his chambers. At the meeting, it was felt that taking any step like immediate removal of Lokayukta could result in Justice Rao approaching the courts claiming that he had been denied an opportunity of presenting his version.

Leader of the Opposition Jagadish Shettar said the provision to pass a motion to remove the Lokayukta had been changed from a simple majority to two-third to send a message that the entire House including the Opposition had its consent to remove the Lokayukta.
DH News Service