Pressnote

Dt. 15-4-2013

PUCL DELEGATION MEETS H.E. THE GOVERNOR

REGARDING
THE LOK AYUKTA BILL WHICH SEEKS TO DESTROY SPIRIT OF CONSTITUTION
AND DEMOCRATIC VALUES

Her Excellency the Governor of Gujarat,
Gandhinagar

Sub : Lok Ayukta Bill

Honorable Kamala Ji,

We, the undersigned,

1. People’s Union for Civil Liberties,

2. Gujarat Sarvodaya Mandal,

3. Paryavaran Mitra,

4. Lok Andolan, Gujarat, and

5. Gujarat Lok Samiti

address to you this memorandum with following requests.

Recently, the 13th Gujarat Legislative Assembly has forwarded Lok Ayukta Bill 2013

based on the numerical majority on the very last day of its session for your signature and

concurrence. When this Bill has been sent to you for your signature and after which it will be

enacted as a Law, we wish to draw your kind attention to the following points with a request

not to your nod or concurrence to the same.

This Bill to be enacted as a Law has come to you at such a stage when this Lok

Ayukta Act vetted from all legal sieves and duly passed has been pending at the last stage

before the Hon’ble Supreme Court at the scrutiny stage of the Curative Petition.

Hence, at this point of time, we earnestly insist upon your kindself to please go

through the points presented herein below for your kind attention.

No rationale or deficiency/defect of the Law has been brought out no where as to why

the present law is being rescinded, which is very much essential. No rationale has been

pointed out as to why the extant law deserves to be set aside or what are its shortcomings.

This is very much essential. Otherwise, no new Law can be enacted without rescinding that

law. The objects and the rationale that are mentioned do not in any way match with the draft

of the Bill. The present Law could have been modified for bringing in amendments to it and

the deficiencies, if any, could have been made good or supplemented and complemented.

Law cannot be rescinded in this manner. This Bill is self-contradictory in itself as it seeks to

destroy the very principles, objects or the reasons aimed at bringing into enactment.

It is unconstitutional.

It is not, strong, transparent or credible which aspects are fundamentally required for

the Law of the Lok Ayukta.

The way and the speed with which and the method or the mindset with which it has

been introduced, clearly show that the Bill does not have pure objects or bona fides in it. It

advocates in actually passing all statutory powers with the C. M. which defeats its own

purpose. It gives the judicial powers to the criminal himself to deal with and pronounce the

justice.

When this point is under the consideration or subjudice matter or in the stage of

hearing before the Hon’ble Supreme Court it does not maintain or uphold the propriety of

these constitutional bodies. It has been passed very hastily and without application of mind

of the legislative assembly members and is dispensed very unrealistically.

It is an awkward Bill which forestalls any discussion in the House. It cannot seize or

grab the constitutional rights of discussion in the Assembly or the House.

It cannot change the definition of the Governor in contrast to the spirit of the

constitution. It is a Bill putting the Chief Justice in an embarrassing position while quoting

references of the select Committee. It cannot make itself meaningless by refuting the Lok

Ayukta’s report by giving discretionary powers to the Council of Ministers that is the C. M.

Law cannot give to the C. M. the powers to take any Class beyond the purview by

using the delegated powers.

In the definition of the allegation, the word ‘specific’ has been used purposefully and

selectively.

On examining the Articles 3; 10; 14; 15; 17 and 19 of the Bill, same individually and

collectively renders the Bill as unconstitutional.

The provision to table the Report of the Lok Ayukta before the House, is rather

strange and awkward.

Annaul Report cannot be tabled before the House for information only in any specific

format. House cannot thus be made ineffective.

Unless the point of constitutional consistency is verified in its entirety, this Bill cannot

be enacted as a Law.

As per the Article 4 (1) of the R.T.I. Act, 2005, it is inevitable to place all the

information and facts before the public prior to enacting any new law and the new policy can

be framed only on this basis. In accordance with this rule, Government should offer an

opportunity for listening to to the people’s views before framing any new policy.

Hence, it is requested to first scrutinize it with a quiet mind and without any hurry, and

to return it to the House for reconsideration and not to approve of it.

Yours,

Gautam Thaker

PUCL

Dwarikanath Rath

Lok Andolan Gujarat

Mahesh Pandya

Paryavaran Mitra

Rajni Dave

Gujarat Sarvoday Mandal

Sagar Rabari

Gujarat Lok Samiti

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