Dimapur, Nov. 1 (EMN): The Supreme Court of India has allotted a three-month window to the Nagaland government for amendments in the Lokayukta Act to include the state’s chief minister in the selection committee, according to the advocate general of Nagaland, KN Balgopal.
In a statement issued on Thursday, the senior advocate explained that the Nagaland Lokayukta Act, 2017 had received assent from the governor on Dec. 21, 2017. “Normally, after the Act receives the assent of the governor, the Act is notified for implementation. Curiously, the previous government notified the Act for information and not for implementation. The Act has been now notified for implementation on Oct. 16, 2018.”
The state government had informed the apex court that in section (3) of the current version of the Act, sub-section (1) states the governor as the appointing authority of the Lokayukta while sub-section (2) states that the state government will appoint the Lokayukta, ‘creating confusion in the mind of the people as to who really is the appointing authority.’
“According to the existing Act, the selection of the Lokayukta will be done by the state govt. after consultation with the chief justice of the Gauhati High Court, the speaker (of the assembly) and the Leader of the Opposition. Interestingly, the chief minister has been kept out of the selection process by the previous govt. Even in the Lokpal Act, the prime minister is the part of the selection committee. In the Lokayukta Act of the state of Kerala, Goa, Haryana and Gujarat, even the chief minister is involved in the process of selection.
“Including the chief minister in the selection process is a question of Naga pride and this is a privilege to be accorded to any chief minister of Nagaland. An affidavit was filed in the Supreme Court by the chief secretary which was finalised by the advocate general for including the chief minister in the selection panel for the Lokayukta. It was also mentioned in the affidavit that the proposed amendments are matters which will be considered by the legislature in its wisdom,” informed Balgopal.
After taking note of the reasons for the proposed amendments, the apex court left it to the authorities concerned “to effect necessary amendments” and appoint the Lokayukta within three months, he said.
