The Kerala High Court upheld the 2024 amendments to the Kerala Lok Ayukta Act, ruling that recommendations shall be deemed accepted if not decided within 90 days, while dismissing the challenge by Ramesh Chennithala.
KERALA: The Kerala High Court upheld the 2024 amendments to the Kerala Lok Ayukta Act. A bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM delivered the ruling on a petition filed by Congress MLA and former State Home Minister Ramesh Chennithala, who had challenged the constitutional validity of the changes.
Chief Justice Sen said,
“We have upheld the constitutionality of the amendments but we have said that having regard to Section 12, the provision which has been amended, should be read as deemed acceptance if it is not considered within 90 days,”
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Section 12 concerns Lok Ayukta reports: once a report is complete, it is sent to the competent authority for action.
The Lok Ayukta established under the Kerala Lok Ayukta Act is tasked with probing allegations of corruption and maladministration by public servants and with facilitating speedy grievance redressal. Chennithala’s petition attacked several 2024 amendments. He argued that changes to Sections 2, 3 and 14 undermine the Lok Ayukta’s independence.
Previously, the Governor was to decide the final action on Lok Ayukta or Upa Lok Ayukta recommendations against the Chief Minister, an MLA or state-level party office-bearers, and to act on recommendations against Ministers or Secretaries based on the Chief Minister’s decision.
Under the amended Section 2, however, the State Legislative Assembly is designated the competent authority for recommendations against the Chief Minister, and the Speaker of the Assembly is the competent authority for recommendations against MLAs.
Chennithala submitted this effectively vests appellate power in the ruling party and could have wide-ranging consequences for the administration of justice. He also challenged the amendment to Section 3, which replaces the requirement that the Lok Ayukta be a former Supreme Court judge or a former Chief Justice of a High Court with a requirement that the post be held by a former High Court judge.
Chennithala argued this lowers the office’s stature, because a judge with only a few years on the bench could now be appointed instead of someone who had served as Chief Justice.
Regarding Section 14, Chennithala pointed out that earlier the competent authority was required to consider Lok Ayukta recommendations and communicate the action to be taken.
The amendment, he contended, permits the competent authority to decline to act on recommendations altogether, amounting to improper interference with a forum akin to a court or tribunal and therefore open to constitutional challenge.
He argued that the amendments dilute the Act’s protections, weaken institutional independence, and infringe the separation of powers an essential feature of the Constitution.
Chennithala was represented by Senior Advocate George Poonthottam along with advocates Nisha George, AL Navaneeth Krishnan, Ann Maria Francis, Reginald Valsalan, Anshin KK, Namita Philson, Kavya Varma MM and Sidharth R Wariyar.
Case Title: Ramesh Chennithala MLA v. State of Kerala
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