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Lokayukta

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The Lokayukta (also Lok Ayukta) ( lokāyukta, "civil commissioner") is an anti-corruption ombudsman organization in the Indian states.[1][2] Once appointed, Lokayukta can not be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion by the state assembly.[3] Naresh Kadyan moved public interest litigation before High Court and then contempt of court order petition for not appointing Lokayukta in Haryana. The Administrative Reforms Commission (ARC) headed by Morarji Desai submitted a special interim report on "Problems of Redressal of Citizen's Grievances" in 1966. In this report, the ARC recommended the setting up of two special authorities designated as 'Lokpal' and 'Lokayukta' for the redressal of citizens' grievances.

The Lokayukta, along with the Income Tax Department and the Anti Corruption Bureau, mainly helps people publicise corruption among the Politicians and Government Officials.[4] Many acts of the LokAyukta have resulted in criminal or other consequences for those charged.[5]

Maharashtra was the first state to introduce the institution of Lokayukta through The Lokayukta and Upa-Lokayuktas Act in 1971.[citation needed] This was followed by similar acts that were enacted by the states of Odisha, Rajasthan, Bihar, Uttar Pradesh, Karnataka, Madhya Pradesh, Andhra Pradesh, Gujarat, Kerala, Tamil Nadu and the union territory of Delhi.

The Maharashtra Lokayukta is considered the weakest Lokayukta due to lack of powers, staff, funds and an independent investigating agency.[6] On the other hand, the Karnataka Lokayukta is considered the most powerful Lokayukta in the country.

Lokayukta/Lokayog/Lokpal in Indian States

Lokayukta/Lokayog/Lokpal Incumbent
Lokayukta, Andhra Pradesh[7] Justice P Lakshman Reddy
Lokayukta, Arunachal Pradesh[7] Justice PK Saikia[8]
Lokayukta, Assam[9]
Lokayukta, Bihar[10] Justice Shyam Kishore Sharma
Lokayog, Chhattisgharh [11] T. P. Sharma
Lokayukta, Delhi[12] Reva Khetrapal
Lokayukta, Goa[13] Justice Prafulla Kumar Mishra
Lokayukta, Gujarat[14] Justice Rajesh H Shukla
Lokayukta, Haryana[15] J. Nawal Kishore Agarwal
Lokayukta, Himachal Pradesh[16]
Lokayukta, Jharkhand[17] Justice D. N. Upadhyay
Lokayukta, Karnataka [18] Judge P. Vishwanatha Shetty (Lokayukta) [19] Justice Narayanappa Ananda (Upa-Lokayukta)
Lokayukta, Kerala[20] Justice Cyriac Joseph (Lokayukta), Justice A K Basheer (Upa-Lokayukta), Justice Babu Mathew P Joseph (Upa-Lokayukta)
Lokayukta, Madhya Pradesh[21] Justice Naresh Kumar Gupta
Lokayukta, Maharashtra [22] M. L. Tahaliyani
Lokayukta, Manipur [23] Justice (Retd) T Nandakumar Singh
Lokayukta, Meghalaya [24] Pranoy Kumar Musahary
Lokayukta, Mizoram [25] C. Lalsawta
Lokayukta, Nagaland [26] Justice Uma Nath Singh
Lokpal, Odisha[27] Justice Ajit Singh
Lokpal, Punjab[28] Justice Vinod Kumar Sharma
Lokayukta, Rajasthan in 1973 [29]
Lokayukta, Sikkim[30] Justice Kalyan Jyoti Sengupta
Lokayukta, Tamil Nadu [31] P. Devadass
Lokayukta, Telangana Justice (Retd) C V Ramulu
Lokayukta, Tripura in 2017[32] Justice Subal Baidya
Lokayukta, Uttar Pradesh in 2002 [33] Justice Sanjay Mishra
Lokayukta, Uttarakhand[34]
Lokayukta, West Bengal[35] Justice Ashim Kumar Roy

There are no Lokayuktas in Jammu and Kashmir and Puducherry. Lokayukta was established in Tamil Nadu On 9 July 2018, the Arunachal Pradesh assembly passed a Lokayukta bill.[citation needed] On 28 February 2019, the Mizoram assembly passed a Lokayukta Bill.[citation needed]

Role in combating Corruption and Maladministration

Lokayukta investigates cases of corruption, where substantiated, recommend action. It is a great check on corruption, brings about transparency in the system, makes administrative machinery citizen friendly. His functions largely depend upon jurisdiction vested in him and facilities provided for taking cognizance of citizens’ grievances promptly, dexterously and expeditiously through simple, informal mechanism devoid of technicalities.

Corruption is internationally recognized a major problem, capable of endangering stability and security of society, threatening social, economic and political development and undermining the values of democracy and morality. It has assumed alarming proportions resultantly public funds going into private hands leading to enrichment of bribe givers and bribe takers. Ultimate result is, as said by former Prime Minister Rajiv Gandhi, only 15 paisa; out of rupee reach the lowest level of population. Corruption, inefficiency, delays and insensitivity to people's grievances can be identified key problems besetting the nation. Citizens bitterly feel the distance that separates them from the decision makers. This distance, makes them feel abandoned or even rejected and they eventually lose interest in public matters and become marginalized. Corruption does not mean only taking bribe. It is used in a much larger sense, "Conduct", which is morally unsound and debased. It includes conduct which is blame-worthy or improper (See Dr. S. Dutt Vs State of UP AIR 196. Corruption and maladministration are like twin sisters each acts in complement to the other. Corruption has ruined Empires. After completion of his book, "The Decline of Rome Empire" Edward Gibbon, the Great Historian, Writer and Philosopher was asked to reply in one word the reason for the decline Roman Empire, he remarked "Corruption." Corruption in a civilized society, is described "disease like cancer.&rdquo, which if not detected in time is sure to malignise the polity of a country leading to disastrous consequences." Pylee points out:

"Corruption at the bureaucratic level operated like a subterranean monster, aiding, abetting and colluding with the political bosses. Service to the public has long given way to careerism with a work culture of 19th century aristocracy dealing with the citizens as ‘subjects.’ Burke cautioned, “Among people, generally corrupt, liberty cannot last long".

Supreme Court also said that corruption in a civilized society is a disease like cancer and if not detected in time, will malignise the polity of the country leading to disastrous consequence. It is like plague, it is contagious and if not controlled, spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being incurable (See State of MP & Others Vs Ram Singh (2000) 5 SCC 88, and State of Andhra Pradesh Vs V. Vasudeva Rao 2003 (9) Scale 569). Corruption in public life is a gross violation of human rights. It is anti-people, anti-development, and anti-national. Rampant corruption is major national malady. It is the single big factor retarding the progress of our country, responsible for millions to live below poverty line despite astronomical amount being spent on development. It is garbage which is required to be removed otherwise it would hamper development of the country and bring bad name to the nation.

Supreme Court observed in Lucknow Development Authority Vs M.K. Gupta (AIR 1994 SC 787):

"...Harassment of a common man by public authorities is socially abhorring and legally impermissible. It may harm him personally but the injury to society is far more grievous. Crime and corruption thrive and prosper in the society due to lack of public resistance. Nothing is more damaging than the feeling of helplessness. An ordinary citizen instead of complaining and fighting succumbs to the pressure of undesirable functioning in offices instead of standing against it...."

An honest man is the noblest work of God – Pope. When men are pure, laws are useless; when men are corrupt, laws are broken – Benjamin Disraeli. Citizens realize that corruption is dominant factor keeping India a poor country, therefore, delaying march towards prosperity. A citizen faces corruption practically at every level and every sector of life. Corruption is anti-national, anti-poor, anti-economic development and anti-life. Rampant corruption is a major national malady. The Central Government as well as the State Governments are anxious to eradicate it because there is realization that it is a great hurdle on the path of progress because out of the huge plan outlays, very little goes to the people whose upliftment is essential for ushering the egalitarian society. This apart, it stalls the pace of development in other sectors too. It is, therefore, considered necessary to eradicate corruption with an iron hand otherwise march towards progress and prosperity would be delayed considerably. Why can't it be eradicated when the number of persons indulging in corruption is hardly two percent of the total population of the country.

In its widest connotation corruption includes improper and selfish exercise of power and influence attached to a public office due to the special position one occupies in public life. Developing countries like India, face this problem, as a result, it assumes status of mega industry, where some people thrive at the cost of public exchequer resultantly imparting the developmental activities of the State. The United Nations Convention against corruption (2003) signed/ratified by the member countries to deal firmly with corruption. Secretary General stressed that corruption violates the socio-economic human rights of the people especially in the developing countries because funds meant for roads, wells, hospital, schools and other basic necessities are siphoned off and deposited in safe havens abroad.

Inaugurating two day National Seminar on "Access to Justice", organized by the Supreme Court Advocates-on-Record Association, in association with the United Nations Development Programme, His Excellency The President of India, Dr. A.P.J. Abdul Kalam said that with the rising all-round awareness and a demand for clean and corruption-free public life, the burning issue of probity in public life was increasingly coming into focus. Conduct and behavior in public life are, like never before, under very close scrutiny. It was essential that the three pillars of democracy-Legislature, Judiciary and Executive-are strong in structure, pure in form and un-corrupted and un-blemished in conduct. The President made it clear that, "If we cannot make India corruption free, then the vision of making the nation developed by 2020 would remain a dream".

Consequently, understanding the menace of corruption and urgent necessity to deal with it in the context of existing scenario, public outcry, warning by transparency International, other NGOs and media, Government is attempting to eradicate it by taking steps for sometime past. The first Administrative Reforms Commission, headed by Late Shri Morarji Desai studied the causes for the steep deterioration in all areas of administration, Central and States and recommended remedial measures. In its report (1966) suggested, among other things, appointment of Lokpal at the Centre and Lokayukta at the State. Second Administrative Reforms Commission, headed by Shri Veerappa Moily, deliberated extensively for elimination of corruption in the administration and the strengthening of the Lokpal and the Lokayukta in two day National Colloquium on "Ethics in Governance: Moving from Rhetoric to Results" September ½, 2006 at the National Judicial Academy, Bhopal. Mahatma Gandhi, father of the Nation, had understood the gathering crisis of corruption and prophesied that the public would lead in the forefront in exposing corrupt practices and taking to task those who were involved in them. He wrote in Young India in 1928:

"Corruption will be out one day, however, much one may try to conceal it; and the public can, as its right and duty, in every case of justifiable suspicion, call its servants to strict account, dismiss them, sue them, in a law court or appoint an arbitrator or inspector to scrutinize their conduct, as it likes. "He also said "On this earth, there is enough for everyone’s need but not for their greed. Allah Curses The Giver Of Bribes And The Receiver Of Bribes And The Person Who Paves The Way For Both

You Shall Not Take Bribe Blinds the Eyes Of The Wise And

Subverts The Cause Of The Righteous"

Institution of Lokpal has not as yet been created at the centre, although efforts have been made since 1959. Meanwhile, Lokayuktas/Lokpal have been established by many states through state legislations. They provide for inquiry/investigation into complaints of corruption against public servants. He protects Citizens’ Right against mal-administration, corruption, delay, inefficiency, non-transparency, abuse of position, improper conduct etc. The procedure to be followed is informal and inexpensive; technicalities do not come in way. Complaint is supported by affidavit, making out case for inquiry. He is representative of Legislature, powerful friend of citizens to act against officials action, inaction or corruption. But not anti-administration, rather helps in humanizing relations between the public and the administration, a step forward in establishing an ‘Open Government’ securing respect for the rule of law, an educator aiming at propagating the prevention of corruption, inefficiency and mal-administration in governance. He is, therefore, a check on corruption.

Constitutional Amendment for Effectiveness

An amendment to the Constitution has been proposed to implement the Lokayukta uniformly across Indian states. The proposed changes will make the institution of Lokayukta uniform across the country as a three-member body, headed by a retired Supreme Court judge or high court chief justice and comprising the state vigilance commissioner and a jurist or an eminent administrator as other members.[36]

Reforms

In November 2012, after conclusion of the 11th All India Lokayukta Conference, as many as 16 Lokayuktas sent many recommendations to the Govt of India. The recommendations were:[37]

  • Make Lokayukta the nodal agency for receiving all corruption complaints.[37]
  • Accord Lokayukta jurisdiction over State-level probe agencies.[37]
  • Bring bureaucrats under the ambit of the Lokayuktas.[38]
  • Accord powers of search and seizure and powers to initiate contempt proceedings.[38]
  • Provide Lokayukta administrative and financial autonomy.[38]
  • Bring Non-Governmental Organisations (NGO) funded by the government under Lokayukta's jurisdiction.[38]

See also

References

  1. ^ "Karnataka Lokayukta". National Informatics Center. Retrieved 24 June 2010.
  2. ^ "Karnataka Anti-Corruption Laws (Acts)". National Informatics Center. Retrieved 24 June 2010.
  3. ^ "Karnataka: Speaker accepts impeachment motion against Lokayukta". The Indian Express. 24 November 2015. Retrieved 13 March 2019.
  4. ^ "A watchdog without teeth". Indian Express. Retrieved 30 June 2010.
  5. ^ "Fed up with corruption, Karnataka Lokayukta Santosh Hegde resigns". Daily News and Analysis. Retrieved 24 June 2010.
  6. ^ "Let's look at Lokayukta for a change!". Mid-Day. 26 December 2011. Retrieved 6 November 2012.
  7. ^ a b [1]
  8. ^ https://www.business-standard.com/article/pti-stories/justice-pk-saikia-sworn-in-as-arunachal-lokayukta-chief-119062700897_1.html
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  15. ^ [8]
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  17. ^ [10]
  18. ^ [11]
  19. ^ http://www.newindianexpress.com/states/karnataka/2017/jan/26/finally-karnataka-has-a-new-lokayukta-vishwanath-shetty-1563747.html
  20. ^ [12]
  21. ^ [13]
  22. ^ "Archived copy" (PDF). Archived from the original (PDF) on 6 November 2012. Retrieved 6 November 2012.{{cite web}}: CS1 maint: archived copy as title (link)
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  30. ^ [21]
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  33. ^ [24]
  34. ^ https://www.hindustantimes.com/india-news/supreme-court-grants-uttarakhand-6-months-to-appoint-lokayukta/story-K5q2Bd9ICm38wSXBZ2DNCK.html
  35. ^ [25]
  36. ^ "Lokayukta may get constitutional status". Deccan Herald. Retrieved 30 June 2010.
  37. ^ a b c "Bring NGOs under ambit: Lokayuktas". Pioneer. 9 November 2012. Retrieved 10 November 2012.
  38. ^ a b c d "Make Lokayukta nodal agency for all graft complaints". The Hindu. Chennai, India. 9 November 2012. Retrieved 10 November 2012.
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