SHILLONG: A Lokayukta Bill with many loopholes got the assent of Meghalaya Governor Dr KK Paul, following which it has been notified by the Law department.
The Governor, on November 6, gave his assent to the Meghalaya Lokayukta (Amendment) Bill, 2013 which was passed by the Assembly without any discussion during a short session in October.
Though Chief Minister Dr Mukul Sangma had assured that the Bill would be taken up for further discussion in the House, no time was allotted to the legislators to raise pertinent points during the short session.
GNC member Clifford Marak had raised a Point of Order demanding discussion on the Bill in the Assembly, but in vain, as he was not given a chance to deliberate on the matter.
An official said that after the Governor’s assent to the Bill, the Law department has notified it on Gazette on November 11.
With the Meghalaya Lokayukta (Amendment) Bill, 2013, now becoming an Act, the Political Affairs department will have to form a search committee to finalise the members of the Meghalaya Lokayukta which will be approved by a Selection Committee.
Despite the Bill being amended twice since December, 2012, it falls short of becoming a powerful tool to check corruption.
Though the Bill is aimed at ensuring transparency and accountability in governance by reducing corruption of Government servants, many persons are exempted from the purview of the Bill.
Moreover, the media is not allowed to get the proceedings of the Lokayukta and criticizing the functioning of Lokayukta has also been made punishable as per the Bill.
Another concern is that the Bill, in its present form, will discourage whistle blowers from registering their complaints due to red tape.
If anyone wants to lodge a complaint to the Lokayukta, he or she should go to the First Class Judicial Magistrate to file an affidavit of the complaint. Moreover, the scope for suo moto action by the Lokayukta has also been limited.
Defects of Meghalaya Lokayukta (Amendment) Bill, 2013
Too many exemptions:
Any matter related to the policy formulation by the State Government.
Any action taken in pursuance of policies so framed by the Government.
Grade IV employees and employees below grade IV.
Speaker and Deputy Speaker of State Assembly with respect to their actions inside the House.
Chief Justice, any Judge of the High Court, officers and staff of the High Court and members of Meghalaya Judicial service. Chairman or any member of Meghalaya Public Service Commission.
Complicated procedure:
Complainants should file affidavits before the First Class Judicial Magistrate.
Every affidavit should be verified as per Code of Civil Procedure, 1908.
Complainant will be punished with imprisonment for maximum term of three years and fine for a false complaint.
Government servants should not lodge any complaints to Lokayukta.
Autonomy curtailed:
Lokayukta and members can be removed by a simple majority of the State Legislature.
The complainant can approach any other court of law if the matter can be solved in that way.
Aggrieved public servants can appeal to High Court against the order of Lokayukta within a period of one month.
Lokayukta is barred from making any inquiry into the corruption cases which are more than ten years old.
Above criticism:
Section 19 (2) of the Lokayukta Bill reveals that “whoever, by words spoken or intended to be read, makes or publishes any statement or does any act, which is calculated to bring the Lokayukta or members into disrepute shall on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both”.