The Kerala High Court on Tuesday upheld the constitutional validity of the 2024 amendments to the Kerala Lok Ayukta Act, while clarifying the manner in which amended provisions are to operate.

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM disposed a petition filed by Congress MLA and former State Home Minister Ramesh Chennithala challenging the amendments, directing the manner in which Section 14 has to be acted upon.

While upholding the amendments, the Court read down the operation of Section 12, which deals with reports submitted by the Lok Ayukta. The Bench clarified that if the competent authority fails to act on such a report within 90 days, it shall be treated as “deemed acceptance.” The introduction of deeming acceptance is in par with the Lok Ayukta Acts of other states, providing a deeming clause on failure of action by the competent authority. The said clause was omitted in the impugned provisions.

Section 12 provides that once a Lok Ayukta report is finalised, it is forwarded to the competent authority for implementation of its recommendations. The Court’s interpretation ensures that such reports are not left indefinitely unacted upon.

Accordingly, while sustaining the legislative amendments, the Court introduced a time-bound framework for consideration of Lok Ayukta reports, thereby addressing concerns regarding delay and inaction.

The Court also observed that Section 3(i) be revisited by the Legislature as to whether a person who has held office as the Chief Justice of a High Court is to be appointed as the Lok Ayukta.

Appearances

Chennithala was represented by Senior Advocate George Poonthottam and advocates Nisha George, AL Navaneeth Krishnan, Ann Maria Francis, Reginald Valsalan, Anshin KK, Namita Philson, Kavya Varma MM and Sidharth R Wariyar.