The Kerala High Court has upheld the constitutional validity of the 2024 amendments to the Kerala Lokayukta Act. This decision provides significant relief to the state government and introduces a safeguard on decision-making timelines. The Division Bench, led by Chief Justice Soumen Sen and Justice V.M. Syam Kumar, dismissed petitions challenging the amendments as unconstitutional.
The court’s ruling states that if the competent authority fails to act on a Lokayukta report within 90 days, it will be considered accepted. This interpretation applies to Section 12 of the Act, which addresses the submission of reports and subsequent actions. The amendments, brought in by the second Pinarayi Vijayan government, have sparked debates due to their impact on the Lokayukta’s powers.
Critics raised concerns that the changes limited the Lokayukta’s authority, especially in recommending the removal of corrupt public officials. The amendments altered key sections of the Act, including shifting the decision-making authority on recommendations against the Chief Minister and MLAs. The petitioner highlighted changes in Sections 2, 3, and 14, emphasizing the shift of appellate powers to the ruling establishment.
The amendments also modified the eligibility criteria for appointing Lokayukta members and empowered competent authorities to disregard recommendations without mandatory action. Despite arguments against encroachment on judicial powers, the court ruled in favor of the amendments. The state government defended the amendments, emphasizing that the Lokayukta is not a judicial body and investigative agencies should not have final adjudicatory authority.
The court’s decision follows past controversies, such as the resignation of Minister K.T. Jaleel after a 2021 Lokayukta order and scrutiny of the Chief Minister’s Distress Relief Fund. These events marked a shift in the government’s approach to the institution.
