Gujarat: Five years later, new Lokayukta act yet to be notified

The then Gujarat government, led by former CM Narendra Modi, fought a big battle in court against the then governor of state Dr Kamla on the issue of appointment of Lokayukta. But his successor Vijay Rupani's government seems to lack interest in the appointment of an ombudsman in the state government. Although five years have passed after the new act on Lokayukta was formed, rules for the same have not been notified yet.

The term of the current Lokayukta, Justice DP Buch, is coming to an end on December 31 and the government has not initiated any process on the appointment of a new Lokayukta. A very senior official of the state government, on condition of anonymity, said, "There is no movement on appointment of new Lokayukta. Since no rules have been framed for the new act Gujarat Lokayukta Commission Act 2013, appointment of the new Lokayukta has to be made following the old 1986 act until the rules for the new act are notified."

"In fact, the process, as per the old act also requires a long process including consultation with chief justice of Gujarat high court for proposal of names for the position. Therefore, it is also possible that the post may remain vacant after retirement of the current Lokayukta," the officer further added.

The official also informed that the new act of Lokayukta suggests forming a commission of Lokayukta. This act provides the appointment of Lokayukta and Up-Lokayukta and a huge staff beneath them and that would require hiring a huge number of staff members to run the office.

The Modi-led government had moved a bill on Gujarat Lokayukta Commission in April 2013 and that was passed by the house. The council of ministers and leader of opposition finalised a name for Lokayukta and then it was forwarded to the governor for final approval. But the governor had returned the same with suggestions of several amendments. The government again moved the bill in October with amendments suggested by the governor and it was sent to the President for assent. The President gave approval to the same bill in 2014 and the Gujarat government had published the gazette for the Gujarat Lokayukta Commission Act 2013. The new act has the provision to run probes against all government-appointed office bearers and officials including the CM and his cabinet members, officers, members in government boards, universities, local bodies such as civic authorities, panchayats.

Tussle on Lokayukta

The position of Lokayukta had remained vacant for the period of almost ten years from 2003 to 2013. The then governor Dr Kamla had appointed Justice RA Mehta as Lokayukta by issuing a warrant without consultation with the state government. The then CM Narendra Modi-led government had challenged the same order in the Gujarat high court.