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Kerala High Court Upholds Lokayukta Amendments, Sets 90-Day Deemed Acceptance

Elected bodies now face a firm 90-day clock with a reasons requirement for any rejection.

Overview

  • Kerala’s Division Bench of Chief Justice Soumen Sen and Justice V.M. Syam Kumar, which ruled Tuesday, upheld the 2024 changes and dismissed challenges led by Congress MLA Ramesh Chennithala.
  • If a competent authority does not act on a Lokayukta report within 90 days, the court said it will be deemed accepted, which pressures faster decisions.
  • The amendments recast Lokayukta orders as recommendations and move final decisions on findings against the Chief Minister to the Legislative Assembly, with the Speaker as the authority for cases involving MLAs.
  • The bench said the law keeps decisions subject to judicial review and now requires written reasons when the legislature rejects a recommendation.
  • The revised law also widens who can head the watchdog by allowing former High Court judges to serve as Lokayukta.