The Himachal Pradesh assembly on Tuesday passed HP Lokayukta (Amendment) Bill, 2021 in which provision has been made for the appointment of a High Court Judge as Lokayukta amid a walkout by Congress members.

Responding to objections made by opposition members on amendments in Lokayukta Bill, State Parliamentary Affairs Minister Suresh Bhardwaj said the legislation was first brought by former Chief Minister Virbhadra Singh led the government in 1985.

Being a small state, one person was posted as Lokayukta as well as the chairman of the State Human Rights Commission.
Besides, the eligibility criteria fixed for the appointment of Lokayukta in the Act had limited scope and it was tough to find a person who fulfilled the criteria.

As per Section 3 of the Lokayukta Act, it is necessary for a person to be a Judge of the Supreme Court or a Chief Justice of a High Court to be eligible for appointment to the post of Lokayukta, he informed the assembly.

He stated that due to the scope of eligibility criteria, the post remained vacant and the amendments have been brought to make the institution of Lokayukta functional.

Clarifying that there was no ulterior motive in bringing such amendment, Bhardwaj said this will not lower the stature of the CM as had been alleged by the Theog MLA Rakesh Singha.

In addition, a High Court Judge is an important person who is appointed through by the collegium system and he also holds judicial powers equivalent to the Chief Justice of the High Court except for the administrative powers.

The CMs even appear before the court of Session judges in some cases and there is no protocol in the judicial system.

Earlier Jagat Singh Negi alleged that the BJP government had brought an amendment in the Act to diminish the sanctity of the constitutional body.

Not a single person ever was prosecuted by the Lokayukta since the inception of the institution and the state government seemed to have come up with an amendment to facilitate someone whom they wanted to appoint as Lokayukta.
Shillai MLA Harshvardhan Chauhan said the reason cited by the government that it was tough to find an eligible person to hold the post was absurd.

Dalhousie MLA Asha Kumari stated that making the provision of appointment of a Judge of High Court as Lokayukta will lower the status of Chief Minister.

Theog MLA Rakesh Singha also agreed with Asha Kumari and said the Bill should be withdrawn.

The assembly, however, passed the bill with a voice vote while rejecting the amendment moved by Rakesh Singha and Congress members amid a walkout by the opposition.