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LATEST NEWS UPDATES | Gujarat Bill ending role of Governor, CJ to choose ombudsman passed-Darshan Desai

Gujarat Bill ending role of Governor, CJ to choose ombudsman passed-Darshan Desai

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published Published on Apr 3, 2013   modified Modified on Apr 3, 2013
-The Hindu

Amid protests and a walkout by Opposition MLAs in the Assembly, the ruling Bharatiya Janata Party on Tuesday pushed through a new Gujarat Lokayukta Aayog Bill, 2013 that ostensibly seeks to end the role of the Governor and the Chief Justice of the High Court in appointing the ombudsman.

The Bill proposes a seven-member selection panel headed by the Chief Minister, which will recommend a candidate for the Lokayukta's post and the Governor only needs to ratify it. The other members will be a minister hand-picked by the Chief Minister, the Speaker, the Leader of the Opposition, a High Court judge nominated by the Chief Justice and the State Vigilance Commissioner.

The existing Gujarat Lokayukta Act, 1986, empowers the Governor to appoint the ombudsman in consultation with the Chief Justice and the Leader of Opposition. This has now been done away with.

The proposed law comes in the wake of a veritable slugfest between Governor Kamla Beniwal and Chief Minister Narendra Modi after the Raj Bhavan appointed retired judge R.A. Mehta in August 2011 in consultation with the Chief Justice and the Leader of the Opposition, ignoring the Council of Ministers.

The government lost this battle in the Supreme Court and after its review petition was also rejected, it moved a curative petition in the court challenging Justice Mehta's appointment.

Defending the government in the Assembly, Finance Minister Nitin Patel refuted the charge that the Bill sought to curtail the Governor's powers and that its sole purpose was to prevent Justice Mehta from taking charge. The BJP in an explanatory note, later, also stated that the Bill protects the right of Justice Mehta to take charge though he has passed the age of 72 years as prescribed by the new legislation.

Interestingly, the BJP's central leadership has strongly defended Gujarat, stating that the bill in fact diluted the powers of the Council of Ministers.

In a note distributed to the media, the BJP said: "Contrary to the misrepresentation, it is dilution of the powers of the Council of Ministers. Hon'ble Supreme Court while deciding in Gujarat Lokayukta matter has categorically held that irrespective of the language of the statute, the Governor is supposed to act as head of state on the aid and advice of Council of Ministers while deciding on appointment of Lokayukta."

The party pointed out that instead of the Council of Ministers, it was an elaborate panel that would now recommend the name of the Lokayukta. The legislation proposes to bring virtually the entire government machinery, as well as councillors and elected representatives of all local bodies, in its purview. The new Lokayukta Commission will have four up-lokayuktas, two of whom will be judicial members and two administrative.

The BJP says it is only because of Mr. Modi's "no-nonsense approach to corruption" that his government could bring in a multilayered bill that puts even the Chief Minister in its purview. Scoffing at this, Leader of the Opposition Shankersinh Vaghela said the Bill was an attempt by Mr. Modi to usurp the constitutional process and have a Lokayukta who could dance to his tune.


The Hindu, 3 April, 2013, http://www.thehindu.com/todays-paper/gujarat-bill-ending-role-of-governor-cj-to-choose-ombudsman-passed/article4575255.ece


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