The Kerala High Court on Tuesday upheld the amendments made in 2024 to the Kerala Lok Ayukta Act, 1999.
Chief Justice Soumen Sen and Justice VM Syam Kumar delivered the judgment after hearing a number of petitions, including those from Haripada MLA and Congress leader Ramesh Chennithala, challenging the amendment to the law.
The petitioners challenged the amendment in the definition of ‘competent authority’ and Section 14 of the Act where the ‘declaration’ of the Lok Ayukta or the Upa Lok Ayukta was made as a ‘recommendation’.
The object of the Act remains defeated by substituting “recommendation” for “proclamation” whereby the executive will now have to review a decision given by a retired Supreme Court judge or a retired Chief Justice. The amendment effectively constitutes an administrative review of a decision taken by a judicial or quasi-judicial body, they argued.
Other objections were that the unamended provision attaches due importance and enforcement to the declaration made by the Lok Ayukta in respect of the Chief Minister, Minister and Member of the Kerala State Legislature.
However, the same has now been reduced and watered down to virtually nothing as the State Legislature is now required to consider and treat the report of the Lok Ayukta as a ‘recommendation’ of the Lok Ayukta. This was not intended when the law was passed.
The Act was enacted to improve the level of public administration, including cases of corruption, favoritism and official indiscipline in the administrative machinery. But the amendments are against its aims and objectives. By amending Section 14 of the Act, the orders passed by the Lok Ayukta or Upa Lok Ayukta were revoked, giving power to the Assembly and the Speaker to review their recommendations, they argued.
The State Government contended that the State Legislature had the legislative power to enact the impugned amendments. Besides, the Lok Ayukta is a creature of law and it is within the legislative domain to alter, amend or vary its powers by means of impugned amendments.
Moreover, the report or declaration of the Lok Ayukta is thus not in the nature of a court order, he added.
After hearing the pleas, the court noted that the statute does not preclude judicial review of adopted or proposed measures or rejection of recommendations by the state legislature. The said unamended provision is also likely to cause serious injury to the person against whom the action is brought.
The Karnataka Lokayukta Act actually gives the power to the competent authority to either accept or reject after giving it an opportunity to be heard. In addition, the amended provision in Section 14(2) envisages that the state legislature will state a reason that will make the state legislature responsible for its decisions, the court added, while maintaining the amended law, the court said.
Published – 31 March 2026 21:08 IST
