Who is Lokayukta?
Q. Which of the following is/are correct regarding Lokayukta?
1) Odisha was first to establish the office of Lokayukta.
2) Governor appoints the Lokayukta.
3) Lokayukta is responsible to State Legislature.- Published on 07 Mar 17a. 1, 2
b. 2, 3
c. 1, 3
d. All of the above
ANSWER: 2, 3
- Maharashtra was first to establish the office of Lokayukta in 1971.
- All states have different structure of the Lokayukta.
- Some states have created the Lokayukta as well as Upa-lokayukta, while some others have created only the Lokayukta.
- Some have designated officials as Lokpal.
Appointment -
- Governor appoints the Lokayukta and Upa-lokayukta.
- Governor in most of the states consult the Chief Justice of the concerned State High Court, and the leader of Opposition in the State Legislative Assembly, while making the appointments.
Qualifications -
- Some states have no specific qualifications prescribed but some states prescribe judicial qualifications.
Tenure -
- The term of office fixed for Lokayukta is of 5 years duration or 65 years of age, whichever is earlier.
- This is followed in most states.
- He is ineligible for re-appointment for a second term.
Jurisdiction -
- Jurisdiction is not uniform in all the states.
- Some states have even the Chief Minister within the jurisdiction of Lokayukta.
- Some have not included the Chief Minister.
- Almost all states include Ministers and higher civil servants.
- Maharashtra has also included former ministers and civil servants.
- States like Andhra Pradesh, Himachal Pradesh, Gujarat, Uttar Pradesh and Assam include members of State Legislatures within the purview of the Lokayukta.
- Most states include the authorities of the local bodies, corporations, companies and societies are included in the jurisdiction of the Lokayukta.
Investigations -
- Most states have given suo moto power of investigation to the Lokayukta.
- He also can initiate investigations on basis of a complaint received from the citizen against unfair administrative action.
- Uttar Pradesh, Himachal Pradesh and Assam do not confer suo moto power to start investigation to Lokayukta.
Scope of Cases Covered -
- In some states the Lokayukta can consider the cases of grievances (mal-administration) as well as allegations (corruption).
- While in others the job of Lokayuktas is confined to investigating allegations only.
Other Features -
- The Lokayukta presents a consolidated report on his performance, annually, to the Governor of the state.
- The Governor places this report along with an explanation before the State Legislature.
- The Lokayukta is responsible to the State Legislature.
- To conduct inquiries he can take the help of the state investigating agencies.
- He can call for relevant files and documents from the state government departments.
- The recommendations of Lokayukta are only advisory and not binding.
