HC upholds amendments to Lok Ayukta Act, turns down challenge by Chennithala

The Kerala High Court has affirmed the constitutionality of recent amendments to the Lok Ayukta Act, dismissing a petition brought forth by Congress leader Ramesh Chennithala. Chennithala had argued that the amendments, enacted in 2024, undermined the independence of the Lok Ayukta by altering the authorities responsible for acting on its recommendations and lowering the qualifications for appointment to the body. Specifically, the amendments shifted the authority to review recommendations against the Chief Minister to the State Legislative Assembly and against MLAs to the Speaker, a change Chennithala claimed granted appellate power to the ruling party. Furthermore, the amendments replaced the requirement for a former Chief Justice of a High Court to be eligible for appointment as Lok Ayukta with a former High Court judge. The court, however, ruled that Section 12 of the act, dealing with reports, should be interpreted as implying acceptance if not addressed within 90 days. Chennithala’s petition also contended that the amendments allowed competent authorities to disregard Lok Ayukta recommendations without explanation, interfering with its judicial function and violating the separation of powers.

(Source：Malayala Manorama)