Gujarat Governor Dr Kamla appointed R A Mehta as New Gujarat Lokayukta

Gujarat governor Dr Kamla on 26 August 2011 appointed former justice of the Gujarat High Court, R A Mehta, as the new Gujarat Lokayukta. The governor's order was based on the recommendation of the chief justice of Gujarat HC.

Section 3 of the Gujarat Lokayukta Act, 1986,provides for the appointment of a Lokyukta in the state. The position for Lokayukta in Gujarat lay vacant for seven years prior to the appointment of Mehta. The last Gujarat Lokayukta SM Soni had retired in 2003.

Narendra Modi’s government had sent a proposal to the  governor that a committee consisting of three ministers, the leader of opposition and chief justice should suggest a panel of three judges and one of them be selected on the basis of a majority vote.

The Modi government moved the Gujarat High Court seeking quashing of the governor's order.

Gujarat Lokuykta Act:

According to this Act the Lokyukta in the state is to be appointed by the state Governor in consultattion with the Chief justice of the High Court. The leader of the opposition in the state is also required to be consulted except where such appointment is to be made at a time when the legislative assembly of the state of Gujarat has been dissoved or a proclamation under Article 356 is in operation in t5he state. In case there is no leader of the opposition the governor is to consult a person elected in this behalf by the opposition in a manner which the speaker directs.

Also only a judge of the High Court is eligible to be appointed as a Lokyukta.

Article 163 in the Constitution Of India: Council of Ministers to aid and advise Governor

Council of Ministers with the chief Minister at the head is there to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion.

If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.

The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.