The fight against corruption in public offices requires strong and independent watchdogs. The Lokayukta is one such institution established to ensure accountability, transparency, and integrity in state-level public administration. Often referred to as the “people’s ombudsman,” the Lokayukta plays a crucial role in investigating allegations of corruption and maladministration against public servants and political leaders.
What is Lokayukta?
The Lokayukta is a statutory anti-corruption authority at the state level in India. It acts as an independent body to investigate complaints of corruption, abuse of power, and misconduct against public functionaries including ministers, legislators, and civil servants.
It is the state equivalent of the Lokpal at the national level, both created to address grievances related to corruption.
Legal Framework of Lokayukta
1. State Legislations
- The Lokayukta is constituted under respective State Acts.
- The first Lokayukta Act was passed in Maharashtra in 1971.
2. Lokpal and Lokayuktas Act, 2013
- The central act mandates that every state must establish a Lokayukta within one year.
- However, there is no uniformity in the structure or powers of Lokayuktas across states.
Structure and Appointment of Lokayukta
- Lokayukta is usually a retired judge of a High Court or Supreme Court.
- The appointment is made by the Governor of the state, typically in consultation with:
- The Chief Minister
- The Speaker of the Legislative Assembly
- The Leader of the Opposition
Some states also have a Uplokayukta, who assists the Lokayukta and takes charge in their absence.
Powers and Functions of Lokayukta
Investigative Powers
- Can investigate complaints of corruption and maladministration.
- Has powers similar to a civil court: summon witnesses, examine evidence, and issue orders.
Jurisdiction
- Covers:
- Chief Ministers (in most states)
- Ministers and MLAs
- Government officials and bureaucrats
- Public servants under state administration
Suo Moto Powers
- Can initiate an investigation suo moto (on its own), without a formal complaint in some states.
Advisory and Report Submission
- Submits annual or special reports to the Governor, which are tabled before the state legislature.
Limited Enforcement Power
- While it can recommend actions, Lokayukta’s orders are not binding, and it does not have prosecution powers unless granted by the state law.
States Having Lokayukta
As of now, most Indian states have established Lokayukta institutions, including:
- Maharashtra
- Karnataka
- Kerala
- Uttar Pradesh
- Madhya Pradesh
- Delhi (special structure)
However, the structure, power, and effectiveness vary significantly across states.
Significance of Lokayukta
- Promotes clean and transparent governance.
- Acts as a check on abuse of power by public officials.
- Enhances public confidence in administration.
- Helps address citizen grievances efficiently.
- Supports the implementation of the Right to Public Services.
Limitations and Challenges
- Lack of uniformity in laws across states.
- Limited powers to prosecute or enforce actions.
- Political interference in appointments and investigations.
- Inadequate staff and resources hamper efficiency.
- Non-binding nature of recommendations reduces impact.
Reforms Suggested
- Enactment of a Model Lokayukta Bill for uniformity across states.
- Empower Lokayuktas with independent investigative and prosecution powers.
- Ensure transparent and bipartisan appointment process.
- Strengthen institutional autonomy and infrastructure.