SATURDAY, AUGUST 02, 2025
High Court stays amendments to Nagaland Lokayukta Act
Published on Jan 23, 2025
By EMN
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- DIMAPUR — The Kohima Bench of Gauhati High Court has issued an interim order staying the operation of two amendments made to the Nagaland Lokayukta Act, 2017, which had provided for a search committee—consisting of the chief secretary or additional chief secretary and the advocate general of Nagaland—for the selection of a Lokayukta and broadened the eligibility criteria for the appointment of a Lokayukta.
- A bench comprising Justice Parthivjyoti Saikia and Justice Budi Habung issued the order while hearing a Public Interest Litigation (PIL) on January 22. According to court records, the PIL was filed by Vikato Shikhu and Lhikhro Kreo.
- According to the petitioners, the Nagaland Lokayukta Act, 2017, as amended by the First Amendment Act, 2019, under Section 3 (2) (ii), provides that the selection committee, for the purpose of selecting the Lokayukta and preparing a panel of persons for such appointments, shall be guided by a search committee consisting of the chief secretary or additional chief secretary and the advocate general of Nagaland.
- They argued that this provision is “repugnant” to the Central Act (Lokpal and Lokayukta Act, 2013) as it deviates from the statutory framework and safeguards laid down under Section 4 (3) of the Central Act.
- According to Section 4 (3) of the Lokpal and Lokayukta Act, 2013, the Search Committee should comprise at least seven persons of eminence, possessing special knowledge and expertise in matters relating to anti-corruption policy, public administration, vigilance, policy-making, finance including insurance and banking, law, management, or any other matter which, in the opinion of the Selection Committee, may be deemed useful.
- It further mandates that not less than 50% of the members of the Search Committee should be from persons belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, and women.
- The petitioners further argued that Section 3 (4) of the Nagaland Lokayukta Act, 2017, as amended by the Nagaland Lokayukta (2nd Amendment) Act, 2022, significantly broadens the eligibility criteria for the appointment of a Lokayukta.
- They contended that the amended provision unambiguously includes a wider range of individuals eligible for appointment, departing from the stricter framework laid down in the central legislation.
- As per the amended Section 3 (4), a Lokayukta can now be a person who has been a judge of the Supreme Court, the chief justice of a high court, a judge of a high court, a person qualified to be appointed as a judge of a high court, or a person with vast knowledge of law and experience in judicial matters.
- It further includes individuals of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty years in matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law, and management. This expanded scope undermines the uniformity of standards set by Section 3 of the Lokpal and Lokayukta Act, 2013, and creates a conflict in the statutory framework, they submitted in the argument.
- According to the petitioners, the doctrine of repugnancy, as enshrined under Article 254 of the Constitution of India, mandates that if any provision of a law made by the legislature of a state is repugnant to a provision of a law made by Parliament with respect to a matter enumerated in the Concurrent List, then the law made by Parliament shall prevail. To the extent of such repugnancy, the law enacted by the state legislature shall be deemed void.
- Therefore, the petitioners submitted a prayer to the court to hold that the Nagaland Lokayukta (1st Amendment) Act, 2019, vide which Section 3 (2) (ii) has been inserted, and the Nagaland Lokayukta (2nd Amendment) Act, 2022, vide which new subsection (4) has been inserted in Section 3 of the Nagaland Lokayukta Act, 2017, are void as they are hit by repugnancy under Article 254(2) of the Constitution of India read with the Lokpal and Lokayukta Act, 2013.
- The division bench issued notice to the state respondents and ordered an interim stay on two amendments to the Nagaland Lokayukta Act, 2017. The matter has been listed to be heard again after four weeks.
Nagaland Districts
