Kerala HC seeking state Govt answer to Lokayukta Act Amendment Ordinance

KOCHI: The Kerala High Court issued a notice to the state government on Thursday, requesting a response to a petition contesting the alteration to Section 14 of the Lokayukta Act.

Kerala Governor Arif Mohammad Khan approved the amended ordinance on February 7 after it was initially introduced in the cabinet on January 19.

The court has issued a notice to the state government in response to a petition filed by RS Sasikumar, a social worker, seeking a declaration that the amendment conferring the power of appeal on the executive is in violation of the concept of judicial independence as envisioned in the constitution, and thus is void and violates Article 254(2) of the Indian Constitution.

The petitioner said that the modification has far-reaching implications, including interfering with the administration of justice and imparting a mode of appeal to the State's executive, which is even more harmful than removing the Lokayukta.

"Removing the Lokayukta's power over the finality of its orders except through judicial review is a nullity in the eyes of law, and as such the ordinance to that degree is liable to be set down," the petition stated.

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