Making corrupt minister resign not unconstitutional: Justice Misra

GOANEWS DESK, PANAJI | 14 February 2013 23:11 IST

Chairman of Goa Human Rights Commission and former chief justice of Patna High Court Justice Prafulla Kumar Misra has said that making it compulsory for a corrupt minister or chief minister to resign is not at all unconstitutional.

He also feels that giving powers to the governor or the chief minister to reject Lokayukta's report on a corrupt public functionary would in fact lead to manipulation and corruption.

Goa Human Rights Commission chairman Justice (retd) Prafulla Kumar Misra is very much critical of the amendments made to the Lokayukta act.

Justice Misra said the provision that the minister or the chief minister, once proved corrupt by Lokayukta, ‘may resign’ is definitely not correct.

And it is not unconstitutional if you compel the corrupt minister or the chief minister to resign.

Chief minister Manohar Parrikar however has been consistently saying that forcing the corrupt minister to resign is unconstitutional. 

Regarding another controversial provision of giving powers to the competent authority like the governor or the chief minister to reject the Lokayukta report with "deemed rejection" clause, Justice Misra has reservation about the provision itself.

He feels it should be binding upon the competent authority to decide about the report within three months. Otherwise it would lead to manipulation and nepotism.

Justice Misra feels that imposing heavy fine of lakhs of rupees for a false and vaxatious complaint is not necessary since there is already a provision in the law to deal with such complaint.

He feels the fine is huge and it would lose the basic purpose of making the Lokayukta people-friendly.

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Previous Comments

By not expecting a Corrupt Minister to resign,Mr Parrikar hopes , they will serve him, and his aspirations well.

Mr Parrikar cannot operate, without Criminals.They are an essential part of his existence.

- N.Fernandes, London | 15 th February 2013 20:10

 

The problem with Mr Parrikar is he is trying to be unique.

Winning an award has inflated his already over inflated ego.

He is relying on his chosen Law experts,who are purley his "Yes Sir" people.

His Law experts are unlikely to say "No Sir" , from fear of being sent to a remote part of the Universe by Mr Parrikar.

Mr Parrikar is no Law Expert.

- N.Fernandes, London | 15 th February 2013 00:55

 

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