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 17

a. 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.

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