In what may be a serious embarrassment for the Congress party, its government in Assam has vested the power of appointing the vigilance commission with the chief minister.
The Assam State Vigilance Commission Act 2010, which got the assent of the President on December 21, 2012 and was notified by the Assam governor in the gazette on January 7, 2013, proposes to form the Assam State Vigilance Commission comprising a chairperson and two members.
The notification has vested the power of appointing the commission to a three-member committee, which includes chief minister, Leader of the Opposition and a Cabinet minister to be nominated by the chief minister.
In what has made the presence of Leader of the Opposition into the committee irrelevant as notification has further clarified: “No appointment of the state vigilance commissioner shall be invalid merely by reasons of any vacancy in the committee.” It obviously implied that majority members of the committee can do the appointment, even if the Leader of the Opposition is not present.
The notification, which was issued in January has also restricted the power of vigilance commissioners by adding a clause 25 which has made it mandatory for the state vigilance commissioner to seek a prior approval of the state government for conducting inquiry or investigation against employees of the state government to the level of deputy secretary and above.
Moreover, the notification came into affect on January 7, 2013 but neither the chairperson nor any members of the commission has been appointed.
It is significant that Assam is among a few state which doesn’t have any independent authority to take cognisance of corruption charges.
The Lokayukta Act, which was framed in the 1990s does not allow upalokayukata to register any case suo moto.
The act has mandatory provision of complainant submitting an affidavit to ensure the registration of a case.
The anti-corruption activists who alleged rampant corruption in the state said, “Even an officer-in-charge of a police station can register a case without prior approval of the government but state vigilance and anti-corruption department has not been given mandate to act independently. It reflects the complete state of affairs.” Noted judicial activists of the state said that the Assam State Vigilance Commission Act, 2010, that was notified recently is a mockery of judicial process.