Re: [IAC#RG] Why is NaMO scared of an independent Lokayukta ?

Tuesday, April 2, 2013

Re: [IAC#RG] Why is NaMO scared of an independent Lokayukta ?

How can you blame Modi when the Lokayukta had not been appointed in consultation with him, as the CM of the State? Isn't that the norm, we being a Union of States? And like Harendra Singh rightly said we know the role of Congress govts in the Centre and their hatchet men- the Govs-in the states. Incidentaly why is it only the Lokayuktas of Karnataka and Gujarat are being heard. Aren't there Lokayuktas in other states? We do have one in Kerala but I have not heard of a single case being pursued by him in the last 15 years of my stay here! And except for him I have tried all the quasi judicial appointments in the state and can vouch for the fact that they are just rehab centres for those judges and bureaucrats who had served the politicians well during their days in office!

Just to highlight another aspect of how the citizens are being taken for a ride. Take the case of the committee for the appointment of information commissioners under the RTI Act. It is constituted by the PM/CM(for state ICs), one cabinet minister and the leader of the opposition! Now look at the role of the Leader of the Opposition. When the PM/CM and the cabinet minister will decide who will be the IC isn't the Leader of the Opposition just reduced to a red herring- to give the public a false impression of objectivity in the appointment of ICs? We have seen how a similar team appointed a tainted bureaucrat as the CVC inspite of written objections by the Leader of the Opposition and how the apex court had to invalidate the appointment when a controversy arose later! If it had to be meaningful shouldn't it have been mandated that the decision should be unanimous? Or the other option would have been to have the CJI or another judge of the apex court/high court (for the states) nominated by him as the third member in the place of the cabinet minister.

Isn't it time we really thought the pros and cons of issues ourselves rather than merely taking a position and justifying it?

regards n bw

ravi

On Tue, Apr 2, 2013 at 7:48 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

http://www.ndtv.com/article/india/narendra-modi-govt-gets-bill-that-dilutes-powers-of-lokayukta-passed-349302

Narendra Modi govt gets bill that dilutes powers of Lokayukta passed

Edited by Abhinav Bhatt | Updated: April 02, 2013 18:54 IST
The Gujarat Assembly today passed a bill introduced by the Narendra Modi government that attempts to overhaul the process of appointing the Lokayukta, virtually giving the full control to the state. As the government pushed through the bill, the opposition, Congress, staged a walkout.

According to the bill, the Lokayukta will have to seek the government's permission before acting on a complaint. Also, the Lokayukta's report will not be binding on the state government.

If a complaint is found to be frivolous, the complainant will have to deposit Rs. 2000 to Rs. 25,000 as fine and may serve six months in jail, according to the bill.

It also says that the selection panel for the Lokayukta would include the chief minister, the assembly speaker, a minister and the leader of the opposition; thus, eliminating the role of the Governor and Chief justice of the Gujarat High Court from the appointment process.

Arjun Modhwadia, president of the Gujarat Congress says, "The government wants to create a model, which aims at promoting corruption. It doesn't want any interference from the Supreme Court or High Court."

Mr Modi has been at loggerheads with Gujarat Governor Kamala Beniwal over the appointment of Justice RA Mehta as the Gujarat Lokayuta in August 2011. Mr Modi's government had challenged Justice Mehta's appointment in the Gujarat High Court, terming it illegal and accusing the Governor of not consulting the government.

In January 2012, the Gujarat High Court upheld the Lokayukta's appointment and slammed Mr Modi, saying, "The Chief Minister acted under a false impression that he could turn down the superiority and primacy of the opinion of the Chief Justice, which was binding. The spiteful and challenging action demonstrates the false sense of invincibility."

Mr Modi's government had challenged the order in the Supreme Court, which too upheld the verdict, saying Justice Mehta's appointment was legal.

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