Nagaland Governor RN Ravi has returned the Nagaland Lokayukta (Amendment No. 2) Bill, 2021 to Nagaland Legislative Assembly speaker Sharingain Longkumer for reconsideration.
In his note, the governor observed that the institution of Lokayukta was the hub driving the anti-corruption wheel in the State and ensured transparency in governance, coupled with probity in public life, thereby ensuring justice for all as enshrined in Preamble to Indian constitution.
Noting that pursuant to several directions of Supreme Court in WP(C) 684 of 2016 (Ashwini Kumar Upadhyay Vs Union of India &Others) the Government of Nagaland had enacted the Nagaland Lokayukta Act, 2017, he pointed out that considering the importance of the role the Lokayukta would play, the Act mandated peremptorily to fill up the vacancies of Lokayukta or Upa Lokayukta as soon as possible and certainly within six months of the vacancy arising.
Consequent to the vacancy of Lokayukta arising on February 5, 2021 upon the incumbent resigning from the post, Ravi said three reminders were sent from this office for filling up the vacancy on April 7, 2021, June 8, 2021 and July 23, 2021, which the government should have acted upon.
Considering the pivotal role that the Lokayukta plays under the Act, including in appointments of deputy lokayuktas under section 3(3) of the Act, he stressed that it would not be in the interest of transparent governance to amend the section and extend the period by one year.
He asserted that vigilance machinery cannot remain paralysed, particularly when State Vigilance Commission had been wounded up vide section 36(1) of the Act.
Exercising powers conferred under Article 200 of the Constitution of India, the governor said he was returning the Bill with observation for reconsideration, adding that Nagaland Legislative Assemble may deliberate upon the issues raised and reconsider the proposed Bill.
The State government had proposed to extend the deadline of filling up the vacancy of Nagaland Lokayukta or Upa-Lokayukta from not later than six months to one year.
It may be recalled that chief minister Neiphiu Rio had moved the Nagaland Lokayukta (Amendment No.2) Bill, 2021 on August 3, the first day of the Monsoon Session of the Assembly.
Besides, proposing to decrease the term of office of the Nagaland Lokayukta or UpaLokayukta from five years to three years and adding another section for extension of Lokayukta’s term for two more years, the state government had also sought to amend Section 3 (9) of the Nagaland Lokayukta Act, 2017. According to this section the vacancy in the office of Lokayukta or Upa-Lokayukta is to be filled within six months from the date of vacancy.
However, the state government sought to amend the word in Sec. 3 (9) that is– instead of six months to be made one year.