Narendra Modi's Gujarat government has moved the Supreme Court against a High Court order upholding the appointment of retired judge RA Mehta as the Lokayukta or ombudsman of the state.
Justice Mehta was appointed by the Gujarat Governor Kamla Beniwal in August 2011 and CM Modi had moved the Gujarat HC against the appointment saying the Governor had acted unconstitutionally in selecting the Lokayukta without consulting the state government. The HC gave its order on Jan 18,2012 upholding the appointment as valid and constitutional and harshly reprimanding Mr Modi.
Note: Gujarat Governor Kamla Beniwal appointed Justice Mehta as the Lokayukta, after over seven years of the position lying vacant.Gujarat last had a Lokayukta in 2003, when SM Soni retired. The Governor has said she appointed Justice Mehta using her discretionary powers last year after repeatedly asking the state government to fill the vacant post.Existing rules say that the Governor appoints the Lokayukta in consultation with the Chief Justice of the High Court. The state government has been arguing that instead, the Governor must consult a committee that includes the CM, 3 Ministers, the Leader of the Opposition Congress party, and the State's Chief Justice. The Governor had rejected that proposal.
Narendra Modi was reprimanded harshly by Gujarat High Court judge.Justice VM Sahai said, "The Chief Minister acted under a false impression that he could turn down the superiority and primacy of the opinion of the Chief Justice which was binding. The spiteful and challenging action demonstrates the false sense of invincibility." Justice Sahai also said that the Chief Minister's recent attempts to amend how the Lokayukta is chosen were "depraved and truculent actions."
The BJP referred to Article 163 of the Constitution which states that the Governor of a state must act on the advice of the Council of Ministers. "It raises issues of concern with relation to the federal polity. The Governor is a nominee of the central government. It means giving preference to the central nominee over the elected state government in the matter of appointing the Lokayukta," said senior BJP leader Arun Jaitley.
SC Upholds Lok Ayukuta Appointment - Jan 02,2013
The Narendra Modi government suffered a setback on Wednesday Jan 02,2013 with the SC upholding the appointment of Justice R.A. Mehta as Lokayukta by the Governor, saying it was done in consultation with the Chief Justice of the Gujarat High Court.
“The facts make it clear that the process of consultation by the Governor with the then Chief Justice stood complete, and in such a situation, the appointment of Justice Mehta cannot be held illegal,” a Bench of Justices B.S. Chauhan and Ibhrahim Kalifulla said, dismissing the State government’s appeal against a 2:1 majority verdict of the High Court.
Writing the judgment, Justice Chauhan said the case revealed a very sorry state of affairs. The post of Lokayukta had been lying vacant for more than nine years since November 24, 2003 after the resignation of Justice S.M. Soni.
The Bench also criticised Governor Kamla Beniwal who, it said, “has misjudged her role and has insisted that under the Lokayukta Act, the Council of Ministers has no role to play in the appointment of the Lokayukta and she could therefore fill it in consultation with the Chief Justice of the High Court and the Leader of the Opposition. Such an attitude is not in conformity or in consonance with the democratic set-up of government envisaged in our Constitution
The Bench said: “The appointment of the Lokayukta can be made by the Governor, as head of the State, only with the aid and advice of the Council of Ministers, and not independently as a statutory authority.”
Justice Mehta was appointed by the Gujarat Governor Kamla Beniwal in August 2011 and CM Modi had moved the Gujarat HC against the appointment saying the Governor had acted unconstitutionally in selecting the Lokayukta without consulting the state government. The HC gave its order on Jan 18,2012 upholding the appointment as valid and constitutional and harshly reprimanding Mr Modi.
Note: Gujarat Governor Kamla Beniwal appointed Justice Mehta as the Lokayukta, after over seven years of the position lying vacant.Gujarat last had a Lokayukta in 2003, when SM Soni retired. The Governor has said she appointed Justice Mehta using her discretionary powers last year after repeatedly asking the state government to fill the vacant post.Existing rules say that the Governor appoints the Lokayukta in consultation with the Chief Justice of the High Court. The state government has been arguing that instead, the Governor must consult a committee that includes the CM, 3 Ministers, the Leader of the Opposition Congress party, and the State's Chief Justice. The Governor had rejected that proposal.
The BJP referred to Article 163 of the Constitution which states that the Governor of a state must act on the advice of the Council of Ministers. "It raises issues of concern with relation to the federal polity. The Governor is a nominee of the central government. It means giving preference to the central nominee over the elected state government in the matter of appointing the Lokayukta," said senior BJP leader Arun Jaitley.
The Narendra Modi government suffered a setback on Wednesday Jan 02,2013 with the SC upholding the appointment of Justice R.A. Mehta as Lokayukta by the Governor, saying it was done in consultation with the Chief Justice of the Gujarat High Court.
“The facts make it clear that the process of consultation by the Governor with the then Chief Justice stood complete, and in such a situation, the appointment of Justice Mehta cannot be held illegal,” a Bench of Justices B.S. Chauhan and Ibhrahim Kalifulla said, dismissing the State government’s appeal against a 2:1 majority verdict of the High Court.
Writing the judgment, Justice Chauhan said the case revealed a very sorry state of affairs. The post of Lokayukta had been lying vacant for more than nine years since November 24, 2003 after the resignation of Justice S.M. Soni.
The Bench also criticised Governor Kamla Beniwal who, it said, “has misjudged her role and has insisted that under the Lokayukta Act, the Council of Ministers has no role to play in the appointment of the Lokayukta and she could therefore fill it in consultation with the Chief Justice of the High Court and the Leader of the Opposition. Such an attitude is not in conformity or in consonance with the democratic set-up of government envisaged in our Constitution
The Bench said: “The appointment of the Lokayukta can be made by the Governor, as head of the State, only with the aid and advice of the Council of Ministers, and not independently as a statutory authority.”
No comments:
Post a Comment