SC orders on Gujarat, Karnataka Lokayuktas contradictory: Jaitley
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Contrasting the Supreme Court's judgment in the Karnataka Upa Lokayukta case delivered last week with another order by the apex court in the case of the appointment of Gujarat Lokayukta earlier this month, BJP leader Arun Jaitley on Monday sought to suggest that both the judgments have created ambiguity and stressed the need to clarify this difference.
Referring to primacy to the opinion of the Chief Justice of the High Court accorded by the apex court in its ruling in the Gujarat case, Jaitley said the latest ruling by the SC has given primacy to the advice of the Chief Minister to the Governor.
"The judgment of the SC in the Karnataka case while upholding that there must be meaningful consultation with various consultees, including the Chief Justice, gives primacy to the CM and not the Chief Justice of the HC. In the Gujarat Lokayukta case the opinion of the SC is completely at variance," Jaitley has written in a signed article.
Jaitley, who had criticised the apex court's verdict in Gujarat Lokayukta case, appeared to praise the verdict in the Karnataka case, saying "the Karnataka judgment restores the balance between the executive and the judiciary. It follows the golden rule of interpretation i.e. the literal interpretation which clearly expresses the intention of the legislature".
In this backdrop, the Leader of Opposition in the Rajya Sabha has stressed on the need to iron out this ambiguity for restoring the balance between the political executive and the judiciary for the future.