Kerala HC Upholds Amendments to Lok Ayukta Act: Preserving Constitutional Harmony

The Kerala High Court validated changes to the Kerala Lok Ayukta Act, asserting that they did not breach constitutional doctrines. The amendments alter Lok Ayukta's declarations to recommendations and assign the state assembly, instead of the Governor, as the deciding authority. These changes aim to align with constitutional mandates.

In a pivotal decision, the Kerala High Court upheld amendments to the Kerala Lok Ayukta Act 1999, stating that the changes maintain constitutional doctrines. The bench found no violation of the separation of powers or judicial independence.

The amendments change a Lok Ayukta declaration to a recommendation, transferring the acceptance authority from the Governor to the state legislative assembly. This preserves the Lok Ayukta's quasi-judicial powers and aligns the statutory framework with constitutional requirements, ensuring that ministers remain under the Governor's pleasure.

Moreover, the court clarified that any arbitrary decisions by the competent authority would be subject to judicial review, safeguarding fairness in the process. The state legislative assembly enacted these amendments in 2022 to harmonize the Lok Ayukta Act with constitutional mandates.

(With inputs from agencies.)