Modi bill to dilute Gujarat Lokayukta powers


Gandhinagar, Apr 2 (PTI): The Narendra Modi government today introduced a bill in the Gujarat Assembly which curtails the 'primacy' of the Chief Justice of the state High Court and the Governor in the matter of appointment of the Lokayukta.

The Lokayukta Aayog Bill, 2013 proposes to give all the powers of the appointment to a selection committee headed by Chief Minister and wants state Governor to act on the recommendations of this committee.

The new Bill comes after the state government lost a bitter fight legally and politically when Governor Kamla Beniwal, bypassing the state government, appointed Justice R A Mehta as the state Lokayukta which was upheld by the High Court as well as Supreme Court in January this year.

Supreme Court had ruled that primacy of the opinion of Chief Justice of the High Court in the Lokayukta Act was final.

The Gujarat government on the one hand filed curative petition against the Supreme Court order and on the other, has brought this Bill in the Assembly today.

"For the purpose of conducting investigations and inquiries in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal and, on the recommendations of a Selection Committee as provided below, appoint a person to be known as the Lokayukta and not more than four other persons each to be known as Up-Lokayuktas," reads the proposed section 3 of the Bill.

Whereas in the existing Gujarat Lokayukta Act, 1986, power of selection and consequent appointment of new Lokayukta has been vested with the High Court Chief Justice and the Governor.

Section 3(1) of the 1986 Act says, "For the purpose of conducting investigation in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal appoint a person to be known as Lokayukta."

"...Provided that the Lokayukta shall be appointed after consultation with the Chief Justice of High Court," it further adds.

The new Bill also proposed a special provision which gives pivotal power to the state government in excluding any 'public functionaries' from the jurisdiction of the Lokayukta.

As per another significant provision (Sec 12(8)), whoever discloses to the public or to the press any information or publishes such information in contravention of the provisions of this section should invite two years' imprisonment and also a fine of Rs two lakhs.

  

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Comment on this article

  • Bulsam, Mangalore

    Wed, Apr 03 2013

    You think such authoritarian person is fit to be our future prime minster. If he comes to power, India will go into chaos and civil war. The economy will go for dogs.
    This is a straight indicator to the world leaders that he can do anything to safeguard his dictatorship.
    Their own radical leader Uma Bharati said in a recent speech that the Hindus of Gujarat are scared of the dictator Modi and the Poole look gloomy. Each year, to fulfill his authoritarian way of developmental goal and please the industrialists, to hire mega film-stars, he took huge borrowings and the state is in big debt trap.
    India is looking ahead for a vibrant democracy and not a communal dictator.
    Jai Hind!

    DisAgree [1] Agree [11] Reply Report Abuse

  • Don D Siva, Kudupu, Abu Dhabi

    Wed, Apr 03 2013

    Just imagine what will happen to India if BJP will come to power at the Centre in 2014 and Modi will become the PM? He will be like President Mursi of Egypt who has become an Dictator. Please Indians, do not make the mistake by electing wrong people. Congress is still better. Long live our secular democracy.

    DisAgree [1] Agree [5] Reply Report Abuse

  • Vishal, Mangalore/Bangalore

    Wed, Apr 03 2013

    It is a open secret that Congress leaves no stone unturned to destroy Modi's popularity. Appointment of Congress Agent as Lokayuktha is not acceptable. Modi has every right to build counter strategy. Congress should learn to govern India with political ethics.

    DisAgree [7] Agree [2] Reply Report Abuse

  • Pramod, Udupi

    Tue, Apr 02 2013

    How does anyone know that the bill has been diluted? Just because the Governor and Cheif Justice were yanked out does not mean the Lokayutka will be a political nominee. The new bill says that "The bill envisages setting up of a broader commission whose appointment will be done by a ion committee comprising of the chief minister, a minister, the Assembly speaker, the leader of the opposition, a High Court judge and the state vigilance commissioner." I feel this is fair since it includes everyone in the ion committee.

    DisAgree [3] Agree [3] Reply Report Abuse

  • Jossey Saldanha, Mangalore/Mapusa/Mumbai

    Tue, Apr 02 2013

    Sardar Modi has now become COWARD Modi......

    DisAgree [7] Agree [28] Reply Report Abuse

  • jeevan, mangalore

    Tue, Apr 02 2013

    What about italy lady who is afraid to enact janlokpal ? is she super coward...

    DisAgree [9] Agree [3] Reply Report Abuse

  • pinto, kudla

    Wed, Apr 03 2013

    when you remove your saffron glasses you will see that the JANLOKPAL is dragged in rajya sabha where BJP is majority. They are not allowing the discussion giving silly reasons like phone tapping because of compulsion of clause on LOKAYUKT at state which certain states do not want. You know which state from this article

    DisAgree Agree [2] Reply Report Abuse

  • jeevan, mangalore

    Tue, Apr 02 2013

    Sardar Modiji dont enact lokayukta till congi enact the janlokpal bill.....

    DisAgree [9] Agree [1] Reply Report Abuse

  • pinto, kudla

    Tue, Apr 02 2013

    he just MODIfied the bill. He is working towards a MODIfied constitution for a MODIfied democracy of a MODIfied secular country...

    DisAgree [2] Agree [39] Reply Report Abuse

  • peace lover, india

    Tue, Apr 02 2013

    Vow! What a modification!

    DisAgree [1] Agree [19] Reply Report Abuse

  • ansar , jeddah

    Tue, Apr 02 2013

    Appoint Santhosh Hegde.. fir dekho kaise hota hi doodh ka doodh pani ka paani...

    DisAgree [2] Agree [32] Reply Report Abuse

  • jeevan, mangalore

    Tue, Apr 02 2013

    Sure Santhosh hegde must head for janlokpal but congi hesitate to enact bill..

    DisAgree [8] Agree [7] Reply Report Abuse

  • Huduga, udipi

    Tue, Apr 02 2013

    Politics ka nasha pyare
    Nasha sabse nasheela hai
    Jise dekhon yahan woh
    corruption ki barish mein geela hai
    Lok pal ke namm pe karte
    sabhi ab raas leela hai
    Main karoon toh saala
    Character dheela hai

    DisAgree [1] Agree [11] Reply Report Abuse

  • Indian, Mangalore

    Tue, Apr 02 2013

    Modi learned these things from corrupt congress..... But Lokayukta power should not be redused.

    DisAgree [23] Agree [4] Reply Report Abuse

  • Dr S kamath , Mumbai

    Tue, Apr 02 2013

    Media is Crazy the Heading would havebeen Modi is Gujarat Govt passes New Lokayukta Bill that Prevents the Opposition Political parties from using Lokayukta for Political Vandetta by putting their own man

    DisAgree [29] Agree [10] Reply Report Abuse

  • jeevan, mangalore

    Tue, Apr 02 2013

    I too agree.. Governor should not have any say in lokayukta.. let chief Justice appoint lokayukta cheif.

    DisAgree [24] Agree [4] Reply Report Abuse

  • Stany D'sa, Balehonnur/Dubai

    Tue, Apr 02 2013

    This proves the true colour of Modi.At any cost he doesn't want to expose corruption and just imagine if he become prime Minister what brighter plans he has in his bag for democratic India? God save such crooks.

    DisAgree [8] Agree [28] Reply Report Abuse

  • Simon Lobo, Mangalore

    Tue, Apr 02 2013

    These leaders like Modi do not practice what they speak or teach others. Did Modi and other BJP leaders shared the dias with Anna, I do not remember, just to FOOL people.

    Like Santosh Hegde challanged Modi and BJP will make sure very diluted Lokpal or with no need for Lokpal in India or in their respective states ruled.

    And with this leadership and attitude, Modi wants to be the PM... Ha. Haa.. Haaa..

    DisAgree [6] Agree [24] Reply Report Abuse

  • ISMAIL.K.PERINJE, PERINJE-YANBU/KSA

    Tue, Apr 02 2013

    "NEW BILL PROPOSED SPECIAL PROVISION WHICH GIVES PIVOTAL POWER TO THE STATE GOVT IN EXCLUDING ANY PUBLIC FUNCTIONARIES FROM THE JURISDICTION OF LOKAYUKTA"..This para enough how MODI uses his power and virtually Lokayukta will become toothless tiger.BJP and it's leaders are the most corrupt politicians it showed in Karnataka and there are several corruption cases which kept under the wrap and when he will appointed as would be PM, sections of BJP group will use that 'BRAMASTRA' against him.He is a dictator in guise of democracy and he is in a postilion to dictate terms to BJP and RSS as well. BJPwalas on one hand sheds crocodile tears and on the other hand doing as they like to make fast buck with in a shortest possible time!!!!

    DisAgree [6] Agree [32] Reply Report Abuse

  • Declan, Mumbai

    Tue, Apr 02 2013

    I believe that Narendra Modi is the incarnation of Adolf Hitler.

    He is the only person who has the capability of ensuring that India will be divided.

    DisAgree [5] Agree [42] Reply Report Abuse

  • Johnel D'Souza, Mangalore

    Tue, Apr 02 2013

    Who are the 'public functioneries'? the Govt servants. Most of them are corrupt with the blessings of politicians like Modi.If politicians do not protect their corrupt boys, then who should? It is like this: "you take and share with me". Like the Hindi song, "what is yours, is mine!" I have only contempt for Modi and such politicians, who have no conscience. Corruption, Jai Ho!!

    DisAgree [3] Agree [18] Reply Report Abuse

  • Benn Dsouza, Mnagalore

    Tue, Apr 02 2013

    Example for De-Mockery-cy in Gujarat.

    DisAgree [6] Agree [26] Reply Report Abuse

  • Mohan Salins, Mumbai - Dubai

    Tue, Apr 02 2013

    Keeping Lokayukta alive in DELHI / Rajasthan / Harayana still the CM after corruption scam still running the SHOW AS CM.

    DisAgree [12] Agree [7] Reply Report Abuse

  • Tony Pinto, Manglore

    Tue, Apr 02 2013

    As long as Governers function as spies of Ruling party at the centre,MODI is right. Hereafter , the allies of coalation for centre will also press for some governer posts for their party members.

    DisAgree [19] Agree [10] Reply Report Abuse

  • peace lover, india

    Tue, Apr 02 2013

    True face of corruption of Modi and BJP in Gujarat. This is the best way to hide the corruption they have done so far. In one side he is blaming congress for not bringing in Lokpal bill, on the otherside curtailing the powers of lokayukta. One can imagine Modi becoming prime Minister of India.. then there will be no lokayukta throughout country. Signs of a true dictator.
    Modi supporters please see the real face of your hero!

    DisAgree [12] Agree [30] Reply Report Abuse

  • Kanta, udupi

    Tue, Apr 02 2013

    Kallara rajya swami kallara rajya.... taaooo maadidde sari.

    DisAgree [10] Agree [33] Reply Report Abuse

  • anas, Duabi

    Tue, Apr 02 2013

    The bill will kill modi's dream to be a PM

    Thanks God

    DisAgree [12] Agree [29] Reply Report Abuse

  • Jude, Mangalore Dubai

    Tue, Apr 02 2013

    Don't worry that dream killed itself 2 days ago with the announcement of the new team........Hahahaha. Uma Bharati, Vinay Katiyar, Amit Shah and gang have assured the defeat of That dream. Just sit back and think from where the BJP will get seats in 2014. Maybe Gujarat a few in MP and a few in Rajasthan and Delhi. Will these cross 120?. yet these fools are harping and dreaming.The greatest rout is awaiting them in Karnataka.

    DisAgree [7] Agree [23] Reply Report Abuse

  • Peter, Bangalore

    Tue, Apr 02 2013

    This technique Modi learnt from Karnataka BJP Govt.

    DisAgree [9] Agree [36] Reply Report Abuse

  • jeevan, mangalore

    Tue, Apr 02 2013

    No No No.. learnt from congi.. Janlokpal in cupboard since 45 yrs...

    DisAgree [27] Agree [12] Reply Report Abuse

  • M H Rashid, saudi arabia

    Tue, Apr 02 2013

    BJP too ruled for 6 years, why they did not pass lokpal bill

    DisAgree [3] Agree [9] Reply Report Abuse

  • Krishna, mangalore

    Tue, Apr 02 2013

    ALL are naked in the bathroom. Even BJP did not bother to give justice to the victims of 1984 Sikh riots during their rule of 6 years. All are giving LIP service only.

    DisAgree [2] Agree [9] Report Abuse

  • jeevan, mangalore

    Tue, Apr 02 2013

    since 1947 congi ruled and failed to enact... what you expect from 6 yrs BJP rule...

    DisAgree [11] Agree [3] Report Abuse

  • haris, dubai

    Tue, Apr 02 2013

    Where is Anna Hazare, Arawind Kejariwal, Kiran Bedi, Baba..??????????.

    DisAgree [13] Agree [38] Reply Report Abuse

  • SRIDHAR SHETTY, DOHA /BARKUR

    Tue, Apr 02 2013

    yes Anna Hazare, Arawind Kejariwal, Kiran Bedi all are just getting ready for 2014, before 4-6 month of general election they will start there hunger strike and by that they will put last nail in UPA coffin.

    every one have they are won time it is politics just wait and watch.

    DisAgree [27] Agree [15] Reply Report Abuse

  • Bollu, Mangalore

    Tue, Apr 02 2013

    Sridharanna..
    I liked it...Hahahahaha....
    ' that they will put last nail in UPA coffin'..it means..it won't be removed ever..right..!!

    moghlga dekh bod eethanda..
    puraglga gothundu...congress burundu ee saree...

    DisAgree [33] Agree [9] Reply Report Abuse


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