New Delhi, Jan 4 ():Not happy with the Supreme Court’s decision to uphold the appointment of R.A. Mehta as Lokayukta in Gujarat, Leader of Opposition in the Rajya Sabha Arun Jaitley has cautioned the judgement saying that the courts might now use this as an example in case of Lokpal’s selection.
Expressing concern, the BJP leader said that he is opposing seriously to the decision of the Supreme Court. Jaitely also added that the act framed by the legislature does not expose any supremacy to the judgement of the chief justice.
Even after the appointment of retired justice RA Mehta as the Gujarat Lokayukta was opposed by the state Chief Minister Narendra Modi and his council of ministers, the Supreme Court had encouraged the appointment, said Jaitley.
Jaitely quoted that it is true that Chief Justice is an independent constitutional authority, but that does not mean that the chief minister has no constitutional or legal role, since it is an executive function and not a judicial one.
Taking hold of executive powers of an elected government by force, Mr Arun Jaitley admitted that the state of Gujarat will now posses a Lokayukta that was not suggested by the council of ministers.
Lokayukta laws were approved by a number of states in 1986. Based on a draft law, the state legislation was distributed by the government. In most of the States, it was more or less the same appointment of the Lokayukta, observed the BJP senior leader.
According to our law, with the assistance and guidance of the council of ministers the governor takes decision. The governor’s role is supposed to be non-activist. As a result the discussion is made in the name of the governor by the Council of Ministers through the Chief Minister.
The Chief Minister of the state is the one to consult the Chief Justice of the High Court as well as the Opposition party leader in the Legislative Assembly. Terming the Governor’s act to be unconstitutional, Jaitley said there was no suggestion given by the Council of Ministers with regard to the appointment of a particular person as the Lokayukta.