In February 2022 , which state government passed an ordinance to amend its Lokayukta Act 1999 , according to which the state government would have the power to "either accept or reject the verdict of the Lokayukta after an opportunity of being heard"?
The question asks about a state government that amended its Lokayukta Act in February 2022 via an ordinance, giving itself the power to either accept or reject the Lokayukta's verdict after a hearing.
In February 2022, the state government of Kerala passed an ordinance to amend the Kerala Lokayukta Act, 1999. This ordinance introduced a significant change regarding the power of the state government concerning the findings or recommendations of the Lokayukta. The key provision in the amendment stated that the competent authority (which includes the government) would have the power to "either accept or reject the verdict of the Lokayukta after an opportunity of being heard."
Prior to this amendment, there was a perception or interpretation that the recommendations or verdicts of the Lokayukta were more binding or required mandatory action by the competent authority. The 2022 amendment effectively gave the government discretionary power over the Lokayukta's decisions, allowing them to review and potentially disregard the Lokayukta's findings or directions.
This move by the Kerala government in February 2022 led to discussions and debates about the independence and effectiveness of the Lokayukta institution in the state, as the government gained the power to overrule the anti-corruption ombudsman's verdict.
The Lokayukta is an anti-corruption ombudsman institution present in Indian states. Its main role is to investigate allegations of corruption and maladministration against public servants within the state government. The institution is designed to provide a mechanism for citizens to report grievances against public officials and ensure accountability.
| Aspect | Kerala Lokayukta Act Before Feb 2022 (Generally Interpreted) | Kerala Lokayukta Act After Feb 2022 Ordinance |
|---|---|---|
| Government's power over verdict | Often considered binding or requiring mandatory action (interpretation varied) | Power to "either accept or reject the verdict" after a hearing |
| Authority of Lokayukta | Stronger (verdicts having significant weight) | Potentially weakened (verdict subject to government's final decision) |
| Feature | Details (Kerala 2022 Amendment) |
|---|---|
| State | Kerala |
| Year of Amendment Ordinance | February 2022 |
| Act Amended | Kerala Lokayukta Act, 1999 |
| Key Change | State government gains power to accept or reject Lokayukta's verdict |
| Condition for Action | After providing an opportunity of being heard |
The institution of Lokayukta was inspired by the Ombudsman concept in Scandinavian countries. Different states in India have their own Lokayukta Acts, which may vary in structure, powers, and scope. The primary objective across all states is to curb corruption and improve governance by holding public functionaries accountable. The Lokpal and Lokayuktas Act, 2013, provided a framework for establishing the Lokpal at the Centre and Lokayuktas at the state level, although state Acts existed before and continue to govern the state bodies.
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