The Lokpal and Lokayukta are statutory bodies entrusted with investigating corruption allegations against public functionaries. The Kerala government’s recent proposal to amend the Kerala Lokayukta Act, 1999 has elicited criticism, as it seems to curtail the powers of this anti-corruption watchdog.
Proposed Changes in the Kerala Lokayukta Act
The Kerala cabinet proposed an ordinance that seeks to give the government powers to either accept or reject the Lokayukta’s decision after providing an opportunity for a hearing. The concern is that this amendment will reduce the Lokayukta to an advisory body without binding authority over the government.
Understanding the Concept of Lokpal and Lokayuktas
The Lokpal and Lokayukta Act, 2013 facilitated the establishment of the Lokpal at the Union level and the Lokayuktas at the State level. These bodies, devoid of constitutional status, serve an ombudsman-like role, investigating corruption allegations against certain public functionaries. The Lokpal, currently headed by former Supreme Court Justice Pinaki Chandra Ghose, is empowered to inquire into corruption allegations against anyone from the Prime Minister to Members of Parliament and various officials of the Union government, as well as entities funded partly or fully by the Centre or receiving foreign contributions above Rs. 10 lakh.
Historical Background of Ombudsman in India
The ombudsman institution was first established officially in Sweden in 1809. In India, Law Minister Ashok Kumar Sen first proposed the concept of a constitutional ombudsman in the early 1960s. Poverty eradication advocate Dr. L.M. Singhvi coined the terms Lokpal and Lokayukta. Various commissions over the years have advocated the establishment of Lokpal and Lokayuktas and debated their purview. The landmark Lokpal and Lokayuktas Bill, 2013 was passed following the “India Against Corruption” movement led by social activist Anna Hazare.
The Operation of Lokayukta in the States
Section 63 of the Lokpal and Lokayuktas Act, 2013 mandates every state to establish a Lokayukta to handle corruption complaints against certain public functionaries. This body should ideally be established within one year from the commencement of this Act. Each state has the autonomy to decide the Lokayukta’s specifics, such as tenure and the need for sanction to prosecute officials. While some states already had functional Lokayuktas when the 2013 Act was passed, most states have now set up a Lokayukta following the Act and the Supreme Court’s intervention.
Fighting Corruption: A Comprehensive Approach
An effective battle against corruption requires comprehensive reforms in our political, legal, administrative, and judicial systems. The establishment of an effective Lokpal institution is one step in this journey. Therefore, it is crucial that Lokayuktas be established in states along the lines of the Lokpal, with all state government employees, local bodies, and state corporations under their purview.
