Thursday, May 30, 2024

Supreme Court dismisses plea seeking inclusion of Chief Minister’s Office in UP under the ambit of Lokayukta Act

The Supreme Court on Monday dismissed a Public Interest Litigation that sought directions to the Uttar Pradesh government to amend the Lokayukta Act, in order to bring the Chief Minister’s Office of Uttar Pradesh within the purview of the Act.

The Bench led by Chief Justice of India (CJI) D.Y. Chandrachud asked petitioner-in-person and Advocate Shiv Kumar Tripathi, “How can a Chief Minister be brought in under the purview of an Act by an amendment? Will the act have to be amended?”

After the petitioner replied in affirmative, the Bench asked him, “Who should the Supreme Court direct to amend the State Act?”

The Counsel, while stating that people were suffering and this was an administrative act, requested the Apex Court to direct the State Legislature for amending the Lokayukta Act.

The CJI then expressed dismay over the Counsel’s statement that amending a State Act fell under the category of an administrative act and said in a lighter vein that at this rate, he may ‘forget’ his (understanding of) law.

On a serious note, the Bench observed that it could only give such directions in case of an administrative action, but not to the Legislative. The petition was accordingly dismissed. UP Additional Advocate General Sharan Dev Singh Thakur appeared for the State of UP in the matter.

The Apex Court, while noting that a mandamus could not be issued to the Legislature to enact a law, disposed of the plea.

(Case title: Shiv Kumar Tripathi vs State of Uttar Pradesh)


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