The Lokayukta is an anti-corruption ombudsman organization in the states of India. It aims to inquire into allegations of corruption against public functionaries and related matters. The Lokpal and Lokayuktas Act, 2013 paved the way for the establishment of the institution of Lokpal at the center and Lokayuktas at the state levels. Ahead of the Assembly Elections in Karnataka, the Lokayukta has seized over Rs 8 crore of unaccounted cash from the residence and office of an MLA.
What is the Lokayukta?
The Lokayukta is an institution created as a statutory authority with a fixed tenure to enable it to discharge its functions independently and impartially. The person appointed is usually a former High Court Chief Justice or former Supreme Court Judge. The Lokayukta should have its own independent machinery for investigation of cases.
Evolution of Lokayukta
The First Administrative Reforms Commission recommended the setting up of two special authorities designated as “Lokpal” and “Lokayukta” for the redressal of citizens’ grievances. The Lokayukta is created as a statutory authority with a fixed tenure to enable it to discharge its functions independently and impartially. The state of Maharashtra created the institution of Lokayukta in 1972, followed by Rajasthan (1973), Uttar Pradesh (1975), Madhya Pradesh, etc.
The Second Administrative Reforms Commission recommended that the Lokayukta should be a multi-member body consisting of a Judicial Member as the Chairperson, an eminent jurist or eminent administrator as a member, and the Head of the State Vigilance Commission as an ex-officio member.
The Lokpal Act of 2013
The Act provides for the creation of a ‘Lokpal’ headed by a Chairperson, who is or has been a Chief Justice of India, a judge of the Supreme Court, or an eminent person fulfilling the specified eligibility criteria. The Lokpal should consist of a maximum of 8 members, of which 50% shall be judicial members, provided that at least 50% belong to the SCs, STs, OBCs, minorities, or women. The Act extends to the whole of India and is applicable to “public servants” within and outside India.
Issues and concerns
Sometimes genuine complaints by affected citizens made to the state Lokayuktas are rejected for want of jurisdiction, anonymity, and triviality. Lokayuktas complain that they do not get sufficient information from the government departments and State investigating agencies. As a result, complaints filed with Lokayuktas are not cleared expeditiously, and citizens do not get speedy justice.
Recommendations for improvement
The Lokayukta should be the nodal agency for receiving all corruption complaints. It should accord Lokayukta jurisdiction over state-level probe agencies and bring bureaucrats under the ambit of the Lokayuktas. The Lokayukta should have powers of search and seizure and powers to initiate contempt proceedings. It should provide administrative and financial autonomy to the Lokayukta for better functioning and bring Non-Governmental Organizations (NGOs), funded by the government, under the Lokayukta’s jurisdiction.
Former ministers and civil servants should also be covered in the legislations. The Chief Minister should invariably come within the jurisdiction of the Lokayukta. Lokayuktas should have power to start inquiries suo moto, and they should have their own independent investigation agencies. References made by the Lokayukta to the government should be accorded top priority by government officials. A committee on the Lokayukta’s should be set up to monitor the follow-up of the proper implementation of the recommendations.
MCQs on Lokayukta System in India
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What is the Lokayukta?
A. An anti-corruption ombudsman organization in the states of India.
B. An independent investigative agency in India.
C. A judicial body that enforces Indian law.
D. A non-governmental organization that focuses on environmental issues. -
What did the Lokayukta do ahead of the Assembly Elections in Karnataka?
A. It seized over Rs 8 crore of unaccounted cash from the residence and office of an MLA.
B. It declared a state of emergency in Karnataka.
C. It conducted free and fair elections in Karnataka.
D. It banned political campaigning in Karnataka.
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What are some of the recommendations for improving the Lokayukta?
A. Providing administrative and financial autonomy to the Lokayukta and bringing Non-Governmental Organizations (NGOs), funded by the government, under the Lokayukta’s jurisdiction.
B. Limiting the Lokayukta’s jurisdiction to state-level probe agencies and bureaucrats.
C. Providing less power to the Lokayukta to avoid overreach.
D. Keeping former ministers and civil servants outside the ambit of Lokayukta investigations.
