The Lokpal and Lokayukta Act was established in 2013. The Act allowed for the institution of a Lokpal at the Union level and Lokayukta at State levels. These bodies, with statutory standing but without constitutional status, serve as ombudsmen investigating allegations of corruption against public office holders.
The Roles and Functions of Lokpal
The Act dictates that the Lokpal should be headed by either a present or former Chief Justice of India, a judge of the Supreme Court, or an eminent person who meets the specified eligibility criteria. Among the eight members, half should be judicial members, with no less than 50% coming from Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), minorities, or women. Appointed in March 2019, the present Lokpal is former Chief Justice of Jharkhand High Court, Pradip Kumar Mohanty.
Lokpal’s Jurisdiction
Lokpal’s jurisdiction extends to allegations of corruption against anyone who has held or currently holds high public office, including the Prime Minister, Ministers in the Union government, Members of Parliament, and officials of the Union government across Groups A through D. Chairpersons, members, officers, and directors of any board, corporation, society, or trust established by the Act of Parliament or funded wholly or partially by the Centre also fall under its purview. Furthermore, any society, trust, or body receiving foreign contributions more than Rs. 10 lakhs comes under Lokpal’s jurisdiction.
New Amendments to Kerala’s Lok Ayukta Bill
Recently, the Kerala Legislative Assembly passed the Kerala Lok Ayukta (Amendment) Bill, 2022. It has watered down the binding nature of Lokayukta’s orders, giving the competent authority the choice to either reject or accept the ombudsman’s report. The Amendment grants the state government the power to accept or reject the anti-corruption body verdicts, after hearing the opposing party. The amendment transforms the Lokayukta into a body solely for making recommendations or delivering reports to the government.
Effects of Amendments on Role of Lokayukta
With the passing of the Bill, the Assembly now becomes the competent authority that can review an indicting report against the Chief Minister. If the Lokayukta indicts a cabinet minister, the Chief Minister gains reviewing authority. Meanwhile, in the case of legislators, the House Speaker becomes the competent authority. Interestingly, the Bill has exempted political leaders from the Act and allows retired high court judges to be appointed as Lokayukta.
Concerns Related to Amendments in Lokayukta Act
The Lokayukta Act was legislated to inquire into accusations of corruption against public functionaries such as ministers, legislators etc., all covered under the Prevention of Corruption Act. However, office bearers of political parties are not included in this law. Therefore, it’s puzzling how they can be considered under the Lokayukta Act.
Another controversial provision is the one dealing with Lokayukta reports (Section 12). This section states that if the Lokayukta finds an allegation of corruption substantiated, it must send the findings along with a recommended action to the competent authority.
The Way Forward
Battling corruption effectively today requires comprehensive reform in our political, legal, administrative, and judicial systems — it cannot be achieved through ad-hoc or piece-meal measures. It is suggested that the Kerala Lokayukta Act should be re-examined by an assembly committee and brought in alignment with the Lokpal Act.