News Highlights:
Recently, Kerala Lok Ayukta referred to a larger bench a case about alleged nepotism and anomalies in granting aid from the Chief Minister’s Distress Relief Fund (CMDRF).
What is Lokayukta?:
- About
- The Lokayukta is the Indian Parliamentary Ombudsman, executed into power through and for each of the State Governments of India.
- It is an anti-corruption authority.
- The object of the state’s Lokayukta system is to investigate grievances and allegations against public servants.
- Origin:
- The origin of the Lokayukta can be drawn to the Ombudsman in Scandinavian countries.
- In India, the Administrative Reforms Commission (1966-70) recommended the creation of the Lokpal at the Centre and Lokayukta in the states.
- Before the passing of the Lokpal and Lokayuktas Act in 2013, several states in India passed laws for creating the Institution of ‘Lokayukta’.
- Maharashtra was first in this respect, establishing its Lokayukta body in 1971.
- Appointment:
- The Lokayukta and upalokayukta are appointed by the state’s governor. While appointing, the governor in most of the states consults (a) the chief justice of the state high court and (b) the leader of Opposition in the state legislative assembly.
- Tenure:
- In most of the states, the term of office fixed for Lokayukta is of 5 years duration or 65 years of age, whichever is earlier. He is not eligible for reappointment for a second term.
Powers and Functions of Lokayukta:
- Power of Lokayukta:
- In states like Himachal Pradesh, Andhra Pradesh, Madhya Pradesh and Gujarat, the chief minister is included within the jurisdiction of Lokayukta while he is exempted from the purview of Lokayukta in the states of Orissa, Bihar, Rajasthan, Uttar Pradesh and Maharashtra.
- Ministers and higher public servants are also included under the ambit of Lokayukta in almost all the states.
- It has the power to raid the houses and offices of corrupt officials at the state level.
- It can call for relevant files and documents from the state government departments.
- It also enjoys the power to inspect and visit government organisations which are being investigated.
- Lokayukta may investigate any action taken by the public servant if it is referred by the state government.
- It has the authority to suggest punishment against the culprit to the administration, but it is up to the state to either accept the suggestions or modify them.
- Functions of Lokayukta:
- Lokayukta is tasked with the speedy redressal of public grievances against politicians and officers in the government service.
- It investigates allegations of corruption, abuse of power, maladministration or lack of integrity against public functionaries at the state level and, once proven, recommends action.
- A consolidated report will be presented by the Lokayukta and Uplokayukta about their functions to the Governor of the state. Hence, they are responsible to the state legislature.
- Its other crucial function is to check the investigation of anti-corruption agencies and authorities.
- It carries out fair and impartial investigations based on facts against the accused person by taking the assistance of a special investigating officer.
Need of Lokpal and Lokayuktas:
- Maladministration:
- It erodes a nation’s foundation like a termite over time and prevents the administration from doing its job. This issue is primarily caused by corruption.
- Independent organisations:
- Most anti-corruption organisations virtually ever function independently. Even the Supreme Court has referred to the CBI as “its master’s voice” and a “caged parrot.”
- Advisory organisations:
- The advice of many of these organisations is rarely acted upon because they are only advisory groups with no real authority.
- The issue of internal accountability and openness also exists. Additionally, there is no distinct and efficient way to hold these institutions accountable.
- Against corruption:
- The creation of independent Lokpal and Lokayukta organisations was a significant development in Indian political history that provided a defence against the corruption problem that would not go away.
Pic Courtesy: Freepik
Content Source: The Hindu