Lokayukta

Lokayukta is a body established in each state government of India to serve as an anti-corruption authority, investigating allegations of corruption and maladministration against public servants and providing speedy redressal of public grievances. In this article, you will learn about Lokayukta, signficance, History, Difference in Lokayuktas of different states, etc.

This article will provide key insights for GS Paper-II Polity and Governance of UPSC IAS Exam.

Table of Content

• What is Lokayukta?         
• Why Lokayukta was required in India?    
• History of development of Lokayuktas
• Difference in Lokayuktas of different states
• Members of Lokayukta
• Conclusion          
• Frequently Asked Questions        

What is Lokayukta?

• The Lokayukta is a body established in each state government of India to serve as an anti–corruption authority, investigating allegations of corruption and maladministration against public servants and providing speedy redressal of public grievances.
• It draws inspiration from the concept of ombudsman in Scandinavian countries.
  • Ombudsman refers to a person who is appointed to protect citizens against any method of maladministration.
  • Sweden was the first country to have the institution of Ombudsman in 1809. 
• The general public can directly approach the Lokayukta with complaints related to corruption, nepotism, or administrative defects, targeting any government official involved in such corrupt activities.
• Annually, the Lokayukta presents a report on performance to the governor, who then places it before the state legislature.
• Lokayuktas take assistance from state investigating agencies and can request relevant files and documents from government departments.
• The recommendations made by Lokayuktas are advisory and not binding on the state government.

Why Lokayukta was required in India?

• Maladministration slowly erodes the foundation of a nation and hinders the administration from fulfilling its tasks.
  • Corruption is the root cause of this problem faced by India.
• Despite the existence of various anti-corruption agencies in India, most of them lack true independence.
• Many of these agencies only serve as advisory bodies with limited powers to combat corruption effectively.
  • Their advice is often ignored, and there is lack of internal transparency and accountability.
• There is a lack of a robust mechanism to ensure checks and balances on already existing anti-corruption agencies.

History of development of Lokayuktas:

• The Second Administrative Reforms Commission (SARC) had recommended the creation of Lokpal at the center and Lokayukta at the state level in 1966.
  • Thus, the first Lokpal act was passed in Maharashtra in 1971.
• SARC in its report “Ethics in Governance,” has suggested that the Lokayukta must be a multi–member body with a Judicial Member as its Chairperson.
  • Its members must be an eminent jurist or administrator and the Head of the State Vigilance Commission shall be its ex-officio member.
• Before the Lokpal and Lokayuktas Act of 2013, several states in India had already passed laws to create the Institution of Ombudsman known as ‘Lokayukta’.
• Orissa was the first state to pass such a law in 1970, followed by Maharashtra, Rajasthan, Madhya Pradesh, Uttar Pradesh, Karnataka, Andhra Pradesh, Himachal Pradesh, and many others.
• Now, almost all states in India have legislations for the establishment of Lokayukta and Upa-Lokayukta.
• Punjab and Orissa has designated officials as Lokpal, deviating from the ARC’s suggestions for states.

All India Conference Of Lokayukta:

• The All-India Conference of Lokayukta and Upa-Lokayukta was held in Simla in 1986.
• It has put forth several suggestions for enhancing the institution and ensuring consistency in the state legislations concerning Lokayukta.
• The institution of Lokayukta and Upa-Lokayukta should be constitutionally recognized.
• Besides current ministers and public servants, the scope of Lokayukta and Upa-Lokayukta should also encompass ex-ministers and ex-public servants over the alleged actions.
• The jurisdiction of Lokayuktas and Upa-Lokayuktaa should be extended beyond claims and corrupt practices to include grievances and maladministration as defined in the Central Lokpal and Lokayukta Bill of 1968.
• In each state, the terminology for this institution should be ‘Lokayukta’ for uniformity.
• The conditions of service for Lokayuktas and Upa Lokayuktas should be consistent across India.
• There should be no requirement for a safety deposit when lodging complaints with Lokayuktas and Upa-Lokayuktas.
• There should be separate independent agencies directly under the control of Lokayuktas and Upa-Lokayuktas.
• Lokayuktas and Upa-Lokayuktas shall have the authority to approve search and seizure actions as per the Code of Criminal Procedure.
• Lokayukta and Upa-Lokayukta should be empowered to initiate investigations suo motu or on their own initiative.
• Lokayukta and Upa-Lokayuktas should be given the status of High Courts within the meaning of the Contempt of Court Act.

Difference in Lokayuktas of different states:

• Some states have two authorities, Lokayukta and Upa-Lokayukta, while others have only Lokayukta.
  • Both Lokayukta and upaLokayukta are present in: Rajasthan, Karnataka, Andhra Pradesh, and Maharashtra.
  • Only Lokayukta is present in- Bihar, Uttar Pradesh, and Himachal Pradesh.
• The Lokayukta and Upa-Lokayukta Acts in different states vary in many aspects, including the jurisdiction of Lokayukta, definitions of public servants, grievances, allegations, and actions.
• In some states, the Lokayukta has jurisdiction over public servants and officers, and in some cases, even over ministers.
  • Example: in Karnataka and Himachal Pradesh, the Lokayukta played a significant role in investigating corruption allegations against the Chief Minister.
• In many states, the Chief Minister is kept out of the jurisdiction of Lokayukta, and the role of Lokayukta and Upa–Lokayukta is mostly recommendatory.
  • They make recommendations to the competent authorities for action.
• Some states like Orissa and Haryana have abolished Lokayukta in 1992 and 1999, respectively.
• In most states, Lokayukta can initiate investigations based on complaints received from citizens or Suo Moto, except in Uttar Pradesh, Himachal Pradesh, and Assam, where they lack suo moto powers.
• Some states’ Lokayukta investigates grievances and allegations, while others focus only on allegations of corruption, and not maladministration.

Members of Lokayukta:

• The appointment of Lokayukta and upaLokayukta is made by the governor, who consults with the chief justice of the state high court and the leader of the opposition in the state legislative assembly.
  • A former Supreme Court judge or High Court’s chief justice is usually appointed as the Lokayukta.
  • Judicial qualifications are prescribed for Lokayuktas in some states, but not in others.
• In most states, the term of office for Lokayukta is either 5 years or until reaching 65 years of age, with no eligibility for reappointment.
• Once appointed, the Lokayukta cannot be terminated or transferred by the government.
• The Lokayukta holds a fixed tenure and is expected to perform the given functions independently and fairly.

Conclusion

The institution of the Lokayukta serves as a pivotal mechanism in the architecture of Indian democracy, aimed at promoting transparency and accountability in the administration by investigating corruption cases against public servants and government officials. The role of Lokayukta is crucial in instilling public confidence in the effectiveness and integrity of administrative processes.

However, the impact of Lokayukta varies across states due to differences in powers and jurisdiction, which points to the need for a standardized yet adaptable framework to enhance their functionality across the nation.

Ref: Source-1

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Contempt of Court	Societies Registration Act, 1980
Federal and Unitary Features of Indian Constitution	Lokpal

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