The ABC of Lokayukta

The day Rajasthan government extended term of its existing Lokayukta S S Kothari by 3 more years, the Supreme Court went on to ask chief secretaries of 12 states to give reasons for not appointing a Lokayukta. These states are Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Puducherry, Tamil Nadu, Telangana, Tripura, Arunachal Pradesh, Delhi and West Bengal.

What is Lokayukta?

Lokayukta is an anti-corruption authority or ombudsman – an official appointed by the government or by parliament to represent the interests of the public. Most importantly, it investigates allegations of corruption and mal-administration against public servants and is tasked with speedy redressal of public grievances.

Genesis:

The Administrative Reforms Commission headed by Late Morarji Desai in 1966 recommended the setting up of the institution of Lokayukta for the purpose of appointment of Lokayukta at the state’s level, “to improve the standards of public administration, by looking into complaints against the administrative actions, including cases of corruption, favouritism and official indiscipline in administrative machinery.”

The Bill provides for the appointment of a Lokayukta “to investigate and report on allegations or grievances relating to the conduct of public servants.”

It also called for establishment of Lokpal at the Centre.

While many states, thereafter, set-up Lokayukta institution, a comprehensive bill was passed in 2013 after a long debate on the issue.

The Lokpal and Lokayukta Act, 2013, commonly known The Lokpal Act was passed by the Parliament of India in December 2013.

States that have Lokayukta

Maharashtra was the first State to introduce the institution of Lokayukta in 1971 and so far 21 states have established the same. 

Karnataka’s Lokayukta is considered one of the strongest. N. Santosh Hegde, former Lokayukta of Karnataka, uncovered one of the biggest mining scams (quantified at Rs.12, 228 crore) of the country in 2011. His activism and strong evidences resulted in the then Chief Minister Yeddyurappa being jailed for 21 days in October 2011.

How does Lokayukta work?

The Lokayukta works along with the Income Tax Department and the Anti Corruption Bureau. The Lokayukta (sometimes referred to the institution itself) investigates allegations of corruption and mal-administration against public servants and is tasked with speedy redressal of public grievances. However, public can’t lodge complain for any issue which is more than 5 years old.

Who is appointed as the Lokayukta?

The Lokayukta is usually a former High Court Chief Justice or former Supreme Court judge and has a fixed tenure.

Selection of Lokayukta

The Chief Minister selects a person as the Lokayukta after consultation with the High Court Chief Justice, the Speaker of the Legislative Assembly, the Chairman of the Legislative Council, Leader of Opposition in the Legislative Assembly and the Leader of Opposition in the Legislative Council. The appointment is then made by the Governor.

Once appointed, Lokayukta cannot be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion by the state assembly.

Tenure of a Lokayukat:

The tenure of Lokayukta is generally 5 years. However, in Uttar Pradesh it is 8 years and now in Rajasthan also it will become 8 years.

Jurisdiction:

The public servants who are covered by the Act include:

• all Ministers and Members of the State Legislature;
• all officers of the State Government;
• Chairman, Vice Chairman of local authorities, Statutory bodies or Corporations established by or under any law of the State Legislature, including Co-operative Societies;
• Persons in the service of Local Authorities, Corporations owned or controlled by the State Government, a company in which not less than 50% of the shares are held by the State Government, Societies registered under the State Registration Act, Co-operative Societies  

Process:

If after investigation, the Lokayukta is satisfied that the public servant has committed any criminal offence, he may initiate prosecution without reference to any other authority. Any prior sanction required under any law for such prosecution shall be deemed to have been granted.

Limitations

Lack of prosecution powers, adequate staff, funds and lack of independence are some of the limitation of the Lokayukta.  In many States, the office of the Lokayukta is vacant. For instance, Gujarat did not have a lokayukta for eight years until Governor Kamla Beniwal appointed Justice R.A. Mehta to the post. But the Narendra Modi government challenged it at the Supreme Court and the court upheld the appointment on January 2. Besides these, many cases are pending before the Lokayukta.