New Lokayukta bill passed again in Gujarat assembl

Gandhinagar, 1 October 2013

The Gujarat Assembly on Tuesday passed for the second time the Gujarat Lokayukta Aayog Bill, 2013, which was returned by Governor Dr. Kamla Beniwal — who had called it a travesty of the institution of the ombudsman — for reconsideration.

The new Bill seeks to replace the existing Gujarat Lokayukta Act, 1986 and empowers the State government with regard to the appointment of the Lokayukta by doing away with the role of the High Court Chief Justice.

In September, Dr. Beniwal had returned the Bill, which was passed by the State Assembly on April 2.

Unlike the act in force at present, the Gujarat Lokayukta Aayog Bill,the new bill empowers a selection committee chaired by the Chief Minister to appoint the Lokayukta. The panel comprises the Speaker of the Assembly, a Minister, the Leader of Opposition, a High Court Judge to be nominated by the Chief Justice, and the State Vigilance Commissioner.

The bill provides for four ‘Up-Lokayuktas’, unlike the current Act, and has provisions for retirement of the Lokayukta and the ‘Up-Lokayukta’.

The ombudsmen will hold office for the term of five years or till attaining 72 years of age, whichever is earlier. As against the present act that qualifies a retired High Court Judge to assume the office of Lokayukta, the new bill says that “the Lokayukta shall be a person who is or has been a Judge of the Supreme Court of India or Chief Justice of a High Court in a substantive capacity, while the retired High Court Judges will qualify for the position of Up-Lokayukta.”