A Judge of High Court can be Lokayukta in Himachal Pradesh, bill passed in Vidhan sabha
The Himachal Pradesh Assembly passed an amendment in Himachal Pradesh Lokayukta Act 2014 making provision to appoint a Judge of High court to be Member of Lokayukta.
Parliamentary affairs minister Suresh Bhardwaj said that Lokayukta Legislation was brought by Virbhadra Singh government for the first time.
However, one person is holding posts of Lokayukta and State Human Right Commission being the small state.
He said that due to non availability of proper qualified persons, posts remained vacant of Lokayukta. He said that since high court judges are not ordinarily appointed persons as such it was decided to appoint them as the members
The minister said that we have increased the scope of the bill and didn’t downgrade its ambit. Even the Chief Ministers keep on appearing before the Session Court and it did not downgrade the level of Chief Minister Posts at all.
He said that sitting and former judges could be appointed as Members of Lokayukta.
Himachal Pradesh Government came up with Legislation in the state assembly to amend HPLA, 2014 making the provision to appoint a High court Judge as Chairman and Member of Lokayukta.
He said that under present provisions of section 3 of HP Lokayukta Act 2014 it is necessary for a person to be a Judge of the Supreme Court or a Chief Justice of a High Court to be eligible for appointment to the post of Lokayukta.
“Presently it has become impossible to fill up the post of Lokayukta, because as per the existing provisions only very few persons fulfil the eligibility criteria.” Mr. Bhardwaj said
There is a hurdle in filling up the post of Lokayukta and with the intention of expanding the scope of eligible persons; it has been proposed to make the Judge of the High Court eligible for consideration for appointment as Lokayukta.
With the proposed provisions, more options would be available to fill up the said post, he added.
Himachal Pradesh Lokayukta Act, 2014 was enacted to appoint a Lokayukta for the State of Himachal Pradesh to inquire into allegations of corruption against certain public functionaries and for matters connected therewith.
Earlier, taking part in the discussion and opposing the bill, Jagat Singh Negi alleged that the BJP government came up with the amendment in the bill to reduce the sanctity of the constitutional body.
He said that not a single person was ever prosecuted since the inception of this body and it is white elephant.
He alleged that the Government came up with an amendment to facilitate someone whom they wanted to be Member and chairman of Lokayukta.
Harsh Vardhan Chauhan also opposed the bill stating that the government was trying to muzzle the constitutional body by proposing to increase the qualification of its members which put a question mark on the capability of judges.
He said that there are several Retired chief justices of Himachal Pradesh retired Supreme Court judges as the objective of Legislation that dearth of qualified candidates for elevation is absurd.
Congress Member Asha Kumari pointed out that by making provision of appointment of Judge of high court as Member of Lokayukta would also downgrade the status of Chief minister as under the act Chief minister so cover under the act.
BJP Member Narendra Thakur(Hamirpur) supporting the objective of Legislation said that it would not downgrade the post of person who would be probed by the Lokayukta as Chief Minister and cabinet minister also some time also appeared before the session and trial court judges.
CPI (M) member, Rakesh Singha who came up with amendment on the Legislation said that High court Chief Justice and Justice of Supreme Court were provided in the parent act as it would lower the status of leader of the house and the bill should be withdrawn rather than passing in the house.
The house later passed the bill by voice- vote but opposition staged a walk-out from the house terming the bill passed as black law.
However, later the opposition took part in the rest of proceedings.
