The Lokayukta is appointed by the Governor while acting on recommendations made by a panel chaired by chief minister in power.
The state Cabinet, on Tuesday, gave its nod to bring former chief ministers under the purview of inquiry through the anti-corruption ombudsman organisation Lokayukta — however only after a written approval by the governor.
However, political observers pointed out a conflict of interest: The Lokayukta is appointed by the Governor while acting on recommendations made by a panel chaired by chief minister in power.
"How can they be expected to act against them then," said Nationalist Congress Party spokesperson Nawab Malik. "This is a gimmick." He added that without giving the Lokayukta powers to punish the state leader, the move was toothless.
A bill to amend the Maharashtra Lokayukta and Upa-Lokayukta Act 1971 to incorporate this decision will be tabled before the State Assembly during the upcoming Budget session.
The inquiry would be conducted only after the individual leaves the chief minister's chair and it would be 'in camera'. Section 7 and subsection (1) (a) of the Act would be amended to incorporate this. The procedure for appointing Lokayukta and Upa-Lokayukta (deputy to Lokayukta) would also be made more comprehensive and transparent. A provision would be made for a committee, chaired by the CM, to recommend names for Lokayukta and Upa-Lokayukta. A seven-member search committee – comprising experts from various fields – will be set up to assist these appointments.
Anti-corruption crusader Anna Hazare expressed satisfaction at the new developments but added that a legislation needs to be passed in the state assembly to prove that the government is serious about it.
Maharashtra was the first state to appoint a Lokayukta and Upa-Lokayukta in 197, and any Government action – including implementation of government decisions at state, civic and local bodies level were brought under their purview. Various corporations and government undertaking companies were also brought under Lokayukta to address grievances about inefficiency or irregularity under these offices.
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