A view of the Nagaland Lokayukta office in Kohima. (Photo Courtesy: lokayukta.nagaland.gov.in)
Moa Jamir
Dimapur | August 2
The tenure of first Nagaland Lokayukta as per its website was from February 22, 2019 to February 5, 2021.
Nearly six months after the last Lokayukta demitted the office, the Government of Nagaland seems to be in no hurry to appoint a new one, though the deadline is almost up.
The section regarding the ‘Appointment of Lokayukta and Upa-Lokayukta (Section 3) in “The Nagaland Lokayukta Act, 2017” (Amended, 2019) stated that: “A vacancy occurring in the office of the Lokayukta or Upa-Lokayukta by reason of his/her death, resignation, retirement or removal-shall be filled in as soon as possible, but not later than six months from the date of occurrence of such vacancy.”
Accordingly, a new Nagaland Lokayukta should be in place by August 5, 2021.
“I have not heard anything about new Lokayukta as of now,” a legislator in the Nagaland Legislative Assembly told The Morung Express, when queried on whether there was any talk in the political circles regarding appointment of a new Lokayukta.
As the ‘deadline’ approaches, government sources informed that the matter was “under consideration” including an application for the vacant seat; however, an amendment to the act was also in the process.
The Department of Personnel & Administrative Reforms (DP&AR), accordingly, has already initiated the process for the amendment and the State’s Justice and Law Department, reportedly, has been consulted for the purpose.
Not major changes, but there will be some “smoothening” of the Act, a government source maintained.
As the ‘List of Business’ listed for opening day of the Eight Session of 13th NLA on August 3, the Chief Minister Neiphiu Rio will be introducing ‘The Nagaland Lokayukta Act (Amendment No 2) Bill, 2021” in the House.
‘The hot seat’
The previous Lokayukta in the State had a ‘stormy’ tenure, with the matter even reaching the Supreme Court of India, which eventually adjudicated the same in February this year.
The matter ‘ended’ with the resignation of previous incumbent, Justice Uma Nath Singh, subject to certain conditions laid down by the apex court.
“The manner in which the then Lokayukta had to leave his position was embarrassing and unfortunate,” stated Joel Naga, the president of the newly-launched Rising People's Party (RRP).
He, however, stressed that the State Government cannot “escape blame because there was no consensus” when the previous Lokayukta was appointed.
“To make matters worse, a defeated candidate of the ruling party was rewarded with the position of Upa-Lokayukta. The Nagaland Lokayukta has been rendered incompetent and politicized,” he pointed out.
Likewise, Nagaland Voluntary Consumers' Organisation (NVCO) President and Advocate Kezhokhoto Savi questioned the State Government’s handling of the important institution for ensuring probity.
Along with other civil society organisations, the NVCO was instrumental in the fight for Lokayukta in Nagaland.
Even then, Nagaland Government was forced to act due to a Supreme Court’s deadline, Savi maintained.
He further argued that assumption of Lokayukta’s role by the Upa-Lokayukta, a former political party candidate, was “totally against the spirit of the Act.”
We need Lokayukta or Upa-Lokayukta with no political affiliation whatsoever, he said, adding that any mechanism to check corruption and ensure accountability in public office should not be from political party, bureaucrats, technocrats and other government officials.
“It is a means to check them at their in first place,” he added.
For Zhoto Tunyi, who teaches Political Science at Patkai Christian College, Dimapur, the vacancy of the Lokayukta office reflects the indifference of the government of the day.
As per the Act, if the office of the Lokayukta becomes vacant, the duties of can be performed by any judicial members of the Upa-Lokayukta or “in the absence of judicial members, the senior most Upa-Lokayukta shall discharge the responsibilities of the Lokayukta.”
“The Upa-Lokayukta shall, while acting or discharging the functions of Lokayukta, have all the powers and immunities of the Lokayukta,” it added.
Need for efficient Lokayukta
“As of now, no has been punished and we are yet to see a success story,” NVCO President Savi maintained, adding that it is the right time to address the issue of corruption.
“I don’t see any public pressure or voices. Public should raise their voice. Very unfortunately, the State Government has also become ‘opposition-less,’” he noted.
In a state like Nagaland, an efficient Lokayukta can change the political culture of the State, underscored Tunyi, but pointed out that “the Centre and the State are doing little to strengthen the anti-corruption watchdog, with powers to take up suo motu cases.”
“The RPP is of the view that the next Lokayukta should be of impeccable character. The leaders of all the political parties in the state should be consulted before one is appointed as the next Lokayukta,” Joel stated.
“Since 6 months is already up, either the government takes a decision now or the matter is headed for the courts,” he asserted.
Tunyi also expressed hope that the State would not get another controversial Lokayukta like the last one, adding that, “If we get an efficient Lokayukta, rampant looting of state resources can be check to a large extend.”
The NVCO urges for the State Government’s urgent intervention and calls for timely appointment of new Lokayukta, Savi added.
