 "Gujarat Congress urges governor not to approve new Lokayukta bill")
Gujarat Congress on Tuesday submitted a memorandum to Governor Dr Kamla Beniwal, urging her not to approve the Gujarat Lokayukta Commission Bill, 2013, which proposes to give sweeping powers to Chief Minister in appointment of Lokayukta in the state.
The memorandum was submitted to the governor by leader of the opposition Shankarsinh Vaghela and Congress president Arjun Modhwadia. They have claimed that provisions of the new Lokayukta bill, which proposes to repeal the old Act, were unconstitutional and would dilute the powers of the anti-corruption watchdog.
The Gujarat Lokayukta Commission Bill, 2013, was approved on April 2 by majority voice vote by the state assembly amidst opposition by the Congress who did not participate in voting.
governor. Vaghela has explained in detail various provisions of the new legislation and how it would curtailing powers of the Governor and the chief justice of Gujarat High Court in appointment of lokayukta. He further pointed out that many provisions of the bill were in conflict with the provisions of Constitution of India. "We urge you not to give your approval to the Gujarat Lokayukta Commission Bill, 2013, as many of its provisions are unconstitutional and would not allow the lokayukta to function independently and impartially," Modhwadia said.
The Bill, proposes formation of a selection committee headed by the Chief Minister for the appointment of lokayukta, and the Governor can only appoint a person recommended by the selection committee as lokayukta, which is not the case in the existing Act. It also does not include chief justice of the Gujarat High Court in the selection committee. Instead, it includes a judge of the High Court who will be nominated by the HC chief justice.
The new bill widen the scope of lokayukta by including officials of local bodies, besides chief minister and council of minister. It proposes that if a complaint was filed against a minister, the lokayukta would submit its report with recommendations to the chief minister, who will take action after consulting the council of ministers.
The memorandum was submitted to the governor by leader of the opposition Shankarsinh Vaghela and Congress president Arjun Modhwadia. They have claimed that provisions of the new Lokayukta bill, which proposes to repeal the old Act, were unconstitutional and would dilute the powers of the anti-corruption watchdog.
The Gujarat Lokayukta Commission Bill, 2013, was approved on April 2 by majority voice vote by the state assembly amidst opposition by the Congress who did not participate in voting.
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"If this proposed bill becomes an Act, existence of Lokayukta would be merely reduced to be on paper. He will not have any independent powers and hence would not be able to function effectively," Vaghela said in the memorandum submitted to the
governor. Vaghela has explained in detail various provisions of the new legislation and how it would curtailing powers of the Governor and the chief justice of Gujarat High Court in appointment of lokayukta. He further pointed out that many provisions of the bill were in conflict with the provisions of Constitution of India. "We urge you not to give your approval to the Gujarat Lokayukta Commission Bill, 2013, as many of its provisions are unconstitutional and would not allow the lokayukta to function independently and impartially," Modhwadia said.
The Bill, proposes formation of a selection committee headed by the Chief Minister for the appointment of lokayukta, and the Governor can only appoint a person recommended by the selection committee as lokayukta, which is not the case in the existing Act. It also does not include chief justice of the Gujarat High Court in the selection committee. Instead, it includes a judge of the High Court who will be nominated by the HC chief justice.
The new bill widen the scope of lokayukta by including officials of local bodies, besides chief minister and council of minister. It proposes that if a complaint was filed against a minister, the lokayukta would submit its report with recommendations to the chief minister, who will take action after consulting the council of ministers.