The face-off between the Samajwadi Party government and the Raj Bhavan over the appointment of the Lokayukta reached the next stage with the passage in the Assembly on Thursday of the Uttar Pradesh Lokayukta and Up-Lokayuktas (Amendment) Bill, 2015, which drops the Chief Justice of the High Court from the selection committee. The Bill was passed by voice vote even as members of the Bahujan Samaj Party, the Bharatiya Janata Party and the Congress walked out in protest, insisting that the Speaker refer the Bill to a Select Committee. Their demand was rejected by voice vote.
On Tuesday, Governor Ram Naik returned the file, for the fifth time, to the government, expressing his inability to approve the appointment of Justice (retd.) Ravindra Singh, put up by the government. To back his stand, he pointed to the view of the Chief Justice of the Allahabad High Court: “It would not be advisable to propose Justice Ravindra Singh’s name on account of his closeness to the ruling party.”
A supplementary agenda was introduced in the Assembly on Thursday, the last day of the monsoon session. It included the introduction and passage of the Bill meant to further amend the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975. The Bill provides for the appointment of the Lokayukta on the recommendation of a four-member selection committee, comprising the Chief Minister (chairperson), the Assembly Speaker, the Leader of the Opposition, and a retired judge of the Supreme Court or a High Court, to be nominated by the chairperson in consultation with the Speaker.
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It says the appointment of a Lokayukta shall not be invalid merely because of any vacancy on the selection committee. It has done away with the mandatory consultations with the Chief Justice of the Allahabad High Court after the name is finalised by the Chief Minister and the Leader of the Opposition.
It also empowers the Lokayukta or an Up-Lokayukta to cease investigation and impose Rs. 1 lakh in costs on those who file false complaints to defame a public servant. The Lokayukta can award compensation to a public servant who has suffered “injustice and defamation.”
In the statement of objects, Chief Minister Akhilesh Yadav said the selection committee was modelled on the system of appointment in Kerala, Manipur and a few other States.
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Parliamentary Affairs Minister Mohammad Azam Khan said the Bill would not have easy clearance as “it will be sent to the Raj Bhavan.”
Governor Ram Naik returned the appointment file for the fifth time to the government
“Not advisable to propose Ravindra Singh’s name on account of his closeness to the ruling party”