The Public Coordination Committee (PCC) has been demanding, among others, the setting up of an efficient Nagaland Lokayukta Bill at the earliest in toto. (Morung Photo)
‘Lokayukta’ has been making news Nagaland in the recent weeks. On November 17, after a 3-day sit-in protest, the Government of Nagaland assured the Public Coordination Committee (PCC) that the Nagaland Lokayukta Bill would be tabled during the coming winter session of the Nagaland Legislative Assembly.
The sit-in protest was called by the Against Corruption and Unabated Taxation (ACAUT) Nagaland and the Public Service Aspirants of Nagaland (PSAN) under the banner of PCC, demanding among others, the tabling of the Lokayukta Bill in the state.
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.
It received the assent of the President on the 1st January, 2014, and was notified for general information by the Gazette of India on the same day. As per the notification, the bill – extends to the whole of India; shall apply to public servants in and outside India; and shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Which are the States that have this authority?
Maharashtra was the first State to introduce the institution of Lokayukta in 1971 and so far 21 states have established the same. There are no Lokayuktas in Arunachal Pradesh, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tamil Nadu and West Bengal.
According to a feature in
The Hindu, 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.
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.
Jurisdiction:
Lokpal:
The following come under the jurisdiction of Lokpal:
- Prime Minister of India, under certain conditions as stipulated in the adjacent box.
- All ministers of the Union
- Members of Parliament except for matters related to article 105 of constitution. (that is anything said or a vote given by him in Parliament)
- Group ‘A’ or Group ‘B’ officers
- Group ‘C’ or Group ‘D’ officials
- Any person who is or has been in-charge (director / manager/ secretary) of anybody / society set up by central act or any other body financed / controlled by central government.
Lokayukta (Karnataka):
The Bill provides for the appointment of a Lokayukta and one or more Upalokayuktas to investigate and report on allegations or grievances relating to the conduct of public servants.
The public servants who are covered by the Act include:
- Chief Minister;
- all other 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 and Universities established by or under any law of the Legislature.
Process:
Where, after investigation into the complaint, the Lokayukta considers that the allegation against a public servant is prima facie true and makes a declaration that the post held by him, and the declaration is accepted by the competent authority, the public servant concerned, if he is a Chief Minister or any other Minister or Member of State Legislature shall resign his office and if he is any other non-official shall be deemed to have vacated his office, and, if an official, shall be deemed to have been kept under suspension, with effect from the date of the acceptance of the declaration.
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.
The Vigilance Commission is abolished. But all inquiries and investigations and other disciplinary proceedings pending before the Vigilance Commission will be transferred to the Lokayukta.
What are the shortcomings?
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.
http://www.indiacode.nic.in/acts2014/1%20of%202014.pdf
http://lokayukta.kar.nic.in/index.asp
http://www.thehindu.com/news/national/all-you-need-to-know-about-the-lokpal-bill/article18254568.ece
