Gauhati High Court Stays Amendments to Nagaland Lokayukta Act on Search Committee Structure and Eligibility Criteria Expansion
Kiran Raj
The Gauhati High Court, at Kohima in an interim order issued on January 20, 2025, stayed the implementation of the amendments to the Nagaland Lokayukta Act, 2017, introduced through the First Amendment Act, 2019, and the Second Amendment Act, 2022. The order was issued in response to a Public Interest Litigation (PIL) challenging the constitutional validity of the amendments. The court directed the amendments to remain non-operational pending further examination of their impact on the Lokayukta’s autonomy and effectiveness.
The PIL was filed by two residents of Nagaland, Vikato Shikhu and Lhikhro Kreo, who contended that the amendments diluted the original Act's provisions aimed at promoting accountability and combating corruption. According to the petitioners, the amendments were inconsistent with the objectives of the Nagaland Lokayukta Act, 2017, which was enacted to create an independent and robust anti-corruption body.
The petitioners argued that the amendments compromised the Lokayukta’s independence and hindered its ability to function as an impartial body. They alleged that provisions introduced by the First Amendment Act, 2019, and the Second Amendment Act, 2022, provided excessive administrative discretion to the executive, thereby undermining the Lokayukta’s autonomy.
Specific provisions cited in the petition include changes to the tenure, powers, and removal process of the Lokayukta. The petitioners argued that these amendments allowed unwarranted interference by the State Government, effectively weakening the institution’s capacity to address corruption allegations.
The respondents, represented by the Additional Advocate General for Nagaland, defended the amendments, asserting that they were enacted following due legislative process. It was contended that the amendments aimed to address administrative challenges and enhance the efficiency of the Lokayukta's operations. The respondents questioned the maintainability of the PIL, arguing that it did not meet the requirements for public interest litigation.
The court took note of the submissions made by both parties and determined that the issues raised warranted detailed judicial examination.
The Bench, comprising Justice Parthivjyoti Saikia and Justice Budi Habung, observed that the case raised significant legal and constitutional questions regarding the autonomy and independence of the Lokayukta. The court noted that the petitioners had established a prima facie case warranting interim relief to preserve the status quo until a detailed examination of the amendments could be conducted.
The court stated:“After hearing both sides, this Court is of the opinion that the petitioners deserve to be given interim order. Therefore, it is hereby directed that till the returnable date, the operation of the impugned amendment of the Nagaland Lokayukta Act, 2017, incorporated with the Nagaland Lokayukta (First Amendment) Act, 2019, and the Nagaland Lokayukta (Second Amendment) Act, 2022, shall remain stayed.”
The court recorded the need to maintain the Lokayukta’s independence as an anti-corruption body and stated that any interference undermining its functioning must be avoided. It further observed that legislative actions affecting statutory bodies should comply with constitutional principles and the objectives of the parent Act.
The Bench directed the petitioners to serve additional copies of the PIL to the respondents and allowed them time to submit detailed replies.
The Gauhati High Court issued the following directives as part of its interim order:
- Stay on Amendments: The court directed that the amendments introduced through the Nagaland Lokayukta (First Amendment) Act, 2019, and the Nagaland Lokayukta (Second Amendment) Act, 2022, remain stayed until further orders.
- Response from Respondents: The respondents, including the State of Nagaland, were directed to file their replies addressing the issues raised in the PIL.
- Service of Petition Copies: The petitioners were instructed to serve additional copies of the PIL and supporting documents to all respondents to facilitate the proceedings.
- Next Hearing Date: The matter was scheduled for further hearing after four weeks, allowing the respondents adequate time to prepare their submissions.
Case Title: Vikato Shikhu and Another v. State of Nagaland and Another
Case Number: PIL/1/2025
Bench: Justice Parthivjyoti Saikia and Justice Budi Habung
[Read/Download order]
