The Indian parliamentary Ombudsman system, known as Lokayukta, has been creating headlines recently with a case referred from the Kerala branch. The case carries allegations of nepotism and irregularities involving the Chief Minister’s Distress Relief Fund (CMDRF). It has been passed to a three-member full bench for inquiry.
Understanding Lokayukta
Lokayukta, established within every State Government of India, serves as an anti-corruption authority. Its primary purpose involves investigating grievances and accusations against public servants, thereby ensuring accountability within the bureaucratic system. The roots of Lokayukta can be traced back to the ombudsman system prevalent in Scandinavian countries.
In the context of India, the evolution of Lokayukta happened under the recommendation of the Administrative Reforms Commission between 1966-70. This commission proposed the creation of a Lokpal at the Centre and a Lokayukta in the states. Before the Lokpal and Lokayuktas Act was passed in 2013, several states had independently commenced establishments of ‘Lokayukta’ with Maharashtra taking the lead in 1971.
Lokayukta: Appointment and Tenure
The officials for the role of Lokayukta and UpaLokayukta are appointed by the Governor of a state. But, for these appointments, the governor usually consults the Chief Justice of the state high court and the leader of Opposition in the state Legislative Assembly.
In most states, an official’s term in the position of Lokayukta is either for five years or until they reach the age of 65, depending on which event happens first. Reappointment for a second term is not allowed.
Issues Hampering the Effectiveness of Lokayukta
Despite its potential, the Lokayukta faces several hurdles. The absence of clear legislation is a major roadblock to its functioning. The only reference to Lokayukta in the Lokpal and Lokayuktas Act 2013 mandates states to pass the Lokayukta Act within one year, but provides no specifics about their structure, powers, or other components. Consequently, every state has complete autonomy over the constitution, working, and tenure conditions of their own Lokayukta.
Another significant problem pertains to the delay in inquiry and resolution of complaints, which hampers its efficacy as an institution. Moreover, the dependence of Lokayukta on the state government for funding and infrastructure often leads to interference and compromise in its independence.
Improving the Lokayukta System
For enhancing the functioning of Lokayukta, some key amendments need to be made to the Lokpal and Lokayukta Act. These could include endowing more powers to the Lokayukta, such as the capacity to investigate and prosecute corruption cases against all public servants, including the Chief Minister and the judiciary.
It’s also important to equip Lokayukta offices nationwide with adequate staff and resources. This would enable them to better execute their duties and responsibilities.
Finally, to ensure optimum results from the Lokayukta, it is important to augment its accountability and transparency. Regularly publishing reports on their activities, investigations, and outcomes could be a step towards achieving this objective.
