Sikkim Lokayukta Bill receives Presidential assent

GANGTOK, 27 Aug: The Sikkim Lokayukta Bill is now an Act. For the past nearly two years [20 months] since it was passed by the State Legislative Assembly, the Bill had been languishing and awaiting President’s assent. This nod has finally arrived and the State government can now establish its own Lokayukta. With the entire Lokpal/ Lokayukta issue in controversy for the past 2 years the Governor had forwarded the Bill to the President of India soon after it had been passed by the Sikkim Assembly in December, 2010. While the controversy over Lokpal raged on in other parts of India, Sikkim’s Lokayukta Bill was kept pending by the President. However, on 16 July, 2012, in what must be among her final orders of business, still the President of India Pratibha Devi Patil Singh cleared the Bill allowing it to become an Act.
The Sikkim Lokayukta Bill, Bill No. 21 of 2010, was passed by the Legislative Assembly on 29 December, 2010 and sent for the Governor’s assent the same day. The Governor, in turn, forwarded the Bill to the Union government on 13 January, 2011 where it was pending with the Public Affairs Department since.
The Bill deals with subject matters which come under the Concurrent List and that the approval of the Union government was thus felt necessary. Normally, if there are any inconsistencies noticed in a State Bill the Centre forwards its comments and suggestions to be accommodated in the Bill. However, no such comments were received in connection with the Lokayukta Bill.
Earlier, it had been informed that the long pendency of the Bill with the centre was due to the fact that the Central government was also in the process of formulating and passing a central Lokpal Bill. Had the Parliament passed such a Bill it might have required the Sikkim Assembly to reframe its Bill according to the provisions of the central Act. While the Lokpal Bill had been placed in Parliament last December, it could not be passed.
The opposition parties in the state will not be too happy with the President according approval to the Sikkim Lokayukta Act as both the State Congress and the State BJP had opposed the Bill. In fact, SPCC president Nar Bahadur Bhandari had petitioned the Governor not to accord his assent to the Bill. Mr Bhandari claimed that the bill had been motivated by wrong reasons. The state BJP had claimed that the bill was intended at erasing all evidence of corruption in the government departments.
The Sikkim Lokayukta Bill, now an Act, seeks to subscribe accountability on public authorities and check corruption. The primary motive of the Act is to take up and redress citizens’ grievances, especially those related to corruption in the functioning of public bodies or authorities including that of favouritism.
As per the Act the Lokayukta is to be appointed by the Governor and be given the responsibility to conduct enquiry and investigations after consultations with the Chief Justice of the Sikkim High Court, the Speaker of the Assembly and the Leader of Opposition. It also provides that the Lokayukta initiate enquiry on the receipt of complaints and after the approval of a Minister, Chief Secretary or Secretary.