 | This articleneeds additional citations forverification. Please helpimprove this article byadding citations to reliable sources. Unsourced material may be challenged and removed. Find sources: "Lokayukta" – news ·newspapers ·books ·scholar ·JSTOR(October 2017) (Learn how and when to remove this message) |
TheLokayukta (alsoLok Ayukta;lokāyukta, "civil commissioner") is an IndianParliamentary Ombudsman who may be appointed for each of theState Governments ofIndia. The role was introduced by theLokpal and Lokayuktas Act, 2013 to quickly address the working of the government or its administration (public servants). Once appointed, a Lokayukta cannot be dismissed or transferred by the government, and can only be removed if the state assembly adopts an impeachment motion.[1][2][3][4]
The Lokayukta mainly publicizescorruption among politicians andgovernment officials.[5] Many acts of the Lokayukta have resulted in criminal or other consequences for those charged.[6]
A Lokayukta is appointed by theGovernor of theState, through nomination by itsChief Minister (in consensus withChief justice of the StateHigh Court,Leaders of the Opposition in the Legislative Assembly, and Legislative Council,Speaker of theLegislative Assembly and Chairman of the Legislative Council). Once appointed, the Lokayukta cannot be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion by the state assembly.[1] Any person who is a judge or a retired Chief Justice or a retired judge of the High Court is eligible to be appointed as a Lokayukta.[7] In most states, the term of a Lokayukta is five years or until they attain 65 years of age, whichever is earlier.[8]
 | This sectionis inlist format but may read better asprose. You can help byconverting this section, if appropriate.Editing help is available.(December 2021) |
In October 1966, theAdministrative Reforms Commission, led byMorarji Desai, submitted an interim report to the Prime Minister.[9] It recommended the establishment of a Lokayukta in each state to address citizens' grievances and improve public administration.[10] At the time, existing mechanisms, such as courts and departmental authorities were considered inadequate for tackling corruption and misconduct by public officials.
Based on the recommendation, theGovernment of India introduced a bill in 1968 to create the institutions of the Lokayukta in the states andLokpal at the national level, modeled after theOmbudsman Institution. Although the bill passed in theLok Sabha, it did not pass in theRajya Sabha. Despite this, the proposal inspired several states to enact their own Lokayukta laws, although the provisions varied widely.
Maharashtra became the firststate to formally establish the institution with the Lokayukta and Upa-Lokayuktas Act of 1971. This was soon followed by similar legislation in several other states (Odisha,Rajasthan,Bihar,Uttar Pradesh,Karnataka,Madhya Pradesh,Andhra Pradesh,Gujarat,Kerala,Tamil Nadu) and the union territory ofDelhi.
In the state ofHaryana, activist Naresh Kadyan filed a public interest litigation and later a contempt of court petition due to the government's failure to appoint a Lokayukta.[11][12]
However, the powers and responsibilities of the Lokayuktas still differed from state to state, prompting efforts to standardize them. To address the lack of uniformity, the 1st All India Lokayukta and Upa-Lokayuktas Conference was held inShimla in 1986, where it was agreed that there should be consistency across states. This call for uniformity was reinforced at a subsequent conference inBhopal in October 2010, and there were plans to achieve this through central legislation.[13]
| Timeline | Sequence of Events |
|---|---|
| 1963 | Concept first considered during a parliamentary discussion on budgetary allocation for the Law ministry.[14] |
| 1966 | Administrative Reforms Commission headed byShri Morarji Desai gives its first report on the problems of addressing citizens' grievances against the administration. The report recommends the establishment of the Lokayukta and the Lokpal institutions at the State and the Central Governments to investigate grievances against the governments and public servants. It also recommends that it act as an independent entity.[15][14] |
| 1968 | Lokpal Bill first introduced into the parliament but is not passed. (Eight more unsuccessful attempts were made between 1968 and 2011). The State of Odisha passes the bill, but is able to establish this post only later in 1983.[14][16] |
| 1971 | Maharashtra passes the bill in its assembly successfully.[16] |
| 1972 | Maharashtra implements this post, bringing it into effect on 25 October 1972, becoming the first ever government in India to establish the Lokayukta.[16] |
| 1983 | Odisha establishes the office of the Lokayukta (Act passed in 1971).[16] A few other states follow. |
| 2002 | M. N. Venkatachaliah heads a commission recommending the appointment of the Lokpal and Lokayuktas; The commission also recommends that the PM be kept out of its authority.[14] |
| 2005 | The secondAdministrative Reforms Commission headed byVeerappa Moily, presses for establishing the Lokpal without delay.[14] |
| 2011 | Anna Hazare leads India'santi-corruption movement demanding that the Government immediately address the issue of corruption; presses for a Lokpal.[17] Headed byPranab Mukherjee, a committee of Ministers is formed to examine the Lokpal bill and make recommendations for its implementation.[14] |
| 2013 | Lokpal Bill passes in both houses of the Parliament, and formally becomes theLokpal and Lokayukta Act.[14] |
| 2016 | The Government makes amendments to the Act mandating public officers, their spouses and dependent children to declare and file their assets & liabilities every year.[18] |
TheArunachal PradeshAssembly passed a Lokayukta bill on 4 March 2014[54][55] and theMizoramAssembly in March 2019.[56] In Tamil Nadu, the Lokayukta Act was enacted on 13 July 2018[57] and established on 13 November 2018.[58] There are no Lokayuktas inJammu and Kashmir andPuducherry.
An amendment to theConstitution has been proposed to implement the Lokayukta uniformly acrossIndian states. The proposed changes will make the institution of Lokayukta uniform across the country as a three-member body, headed by a retiredSupreme Court judge or high court chief justice[59] and comprising the state vigilance commissioner and a jurist or an eminent administrator as other members.[60]
The Lokayukta is established to investigate complaints against public functionaries, including politicians and government officials. Each state defines the jurisdiction and powers of its Lokayukta through a separate state act.
Generally, the Lokayuktas jurisdiction covers:
The exact powers and processes of Lokayuktas vary because each state passes its own Lokayukta Act, defining the scope of authority, jurisdiction, and procedural rules specific to that state.[61]
In November 2012, after the conclusion of the 11thAll India Lokayukta Conference, as many as 16 Lokayuktas sent several recommendations to theGovernment of India. The recommendations were:[62]
In 2021, a report ofRetd. Justice Santosh Hegde, the then incumbentLokayukta of Karnataka, resulted in the unseating of the Chief Minister of KarnatakaB. S. Yeddyurappa from his position.[64][65]
{{cite web}}:|last1= has generic name (help){{cite web}}: CS1 maint: multiple names: authors list (link){{cite web}}: CS1 maint: archived copy as title (link){{cite web}}: CS1 maint: archived copy as title (link){{cite web}}: CS1 maint: archived copy as title (link){{cite web}}: CS1 maint: archived copy as title (link){{cite web}}:|archive-url= is malformed: timestamp (help)CS1 maint: url-status (link){{cite news}}: CS1 maint: url-status (link){{cite news}}: CS1 maint: url-status (link)