Karnataka passes Bill, paves way for Lokayukta removal

The government agreed to the BJP’s demand to make support of two-third of the members in both Houses of the legislature mandatory for removal of the Lokayukta. Initially, the Congress had mooted simple majority.

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Leader of the Opposition and BJP member Jagadish Shettar had argued that a simple majority for removal of the Lokayukta would make the institution a hand maiden of the government of the day. He had sought the modification in the law.

Under the new law the process of removal of the Lokayukta can be initiated if one-third of the legislators in either house sign a motion and present it to the heads of the Vidhan Parishad or the Vidhan Sabha. This is a modification of the Karnataka Lokayukta Act of 1984, in which a motion for removal of a Lokayukta can be kicked off only with the support of two-third of the legislators. However, like in the present law, the new law mandates support from two-third of legislators for removal of the Lokayukta after a probe by the Chief Justice of the Karnataka High Court.

The new law facilitates suspension of a judge from carrying out the duties of the Lokayukta as soon as a motion for removal is initiated.

“The Lokayukta or Upalokayukta… against whom a motion is moved before the House or Houses of the state legislature for his removal, is precluded from discharge of his duties during the pendency of motion for his removal,” the new law says.

This clause is expected to achieve the government’s goal of removing Lokayukta Justice Y Bhaskar Rao. He has refused to step down despite his son’s arrest in an alleged extortion scam.

The law now awaits the consent of the Governor.