The Karnataka High Court has halted the Lokayukta investigation into the alleged MUDA scam, a crucial anti-corruption institution in India. Established in the 1960s, they prosecute public-sector corruption and are appointed by the state governor. Lokayuktas hold office for 5 years or until 65 years old, investigating administrative actions, grievances, and maladministration allegations.
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Picture Courtesy: Indian Express
The Karnataka High Court stayed the Lokayukta investigation into the alleged MUDA scam.
The Lokpal and Lokayukta are crucial anti-corruption institutions in India. The Lokpal is responsible for national matters, whereas the Lokayukta is responsible for state affairs. Both institutions investigate and prosecute public-sector corruption.
The Administrative Reforms Commission recommended them in the 1960s, and they became the part of Indian law through the Lokpal and Lokayukta Act of 2013.
The 2013 act provides a requirement for establishing Lokayukta institutions through state legislation.
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Several states established Lokayuktas before the Lokpal and Lokayuktas Act (2013). The institution of Lokayukta was first established in Maharashtra in 1971. Odisha passed the Act in 1970, but it only took effect in 1983. Until 2013, Lokyuktas were established in 21 states and one union territory (Delhi). |
The lokayukta's structure varies by state. Some states, such as Rajasthan, Karnataka, Andhra Pradesh, and Maharashtra, have both Lokayukta and upalo-kayukta, while Bihar, Uttar Pradesh, and Himachal Pradesh have only the Lokayukta. Other states, including Punjab and Orissa, have appointed Lokpals.
The state governor appoints both the lokayukta and upalokayukta. In most states, the governor consults with the chief justice of the state high court and the leader of the opposition in the state legislative assembly before making an appointment.
The states of Uttar Pradesh, Himachal Pradesh, Andhra Pradesh, Gujarat, Orissa, Karnataka, and Assam require judicial qualifications for Lokayukta positions. Bihar, Maharashtra, and Rajasthan do not require specific qualifications.
In most states, lokayuktas hold office for 5 years or until they reach 65 years old, whichever comes first. He cannot be reappointed to a second term.
The chief minister is under the jurisdiction of Lokayukta in Himachal Pradesh, Andhra Pradesh, Madhya Pradesh, and Gujarat, but not in Maharashtra, Uttar Pradesh, Rajasthan, Bihar, or Orissa.
In most states, the Lokayukta oversees ministers and higher civil servants. Maharashtra has included former ministers and civil servants.
Lokayukta covers state legislature members in Andhra Pradesh, Himachal Pradesh, Gujarat, Uttar Pradesh, and Assam.
In most states, the Lokayukta has jurisdiction over local authorities, corporations, companies, and societies.
In most states, the Lokayukta can investigate unfair administrative actions based on citizen complaints or on their own initiative. However, he lacks the authority to conduct independent investigations in Uttar Pradesh, Himachal Pradesh, and Assam.
The Lokayukta has jurisdiction over both 'grievances' and 'allegations' in Maharashtra, Uttar Pradesh, Assam, Bihar, and Karnataka. In some states, such as Himachal Pradesh, Andhra Pradesh, Rajasthan, and Gujarat, lokayuktas only investigate allegations of maladministration.
The Lokayukta provides an annual performance report to the governor of the state. The governor presents this report and accompanying memorandum to the state legislature. The Lokayukta reports to the state legislature.
He depends on state investigative agencies to conduct enquiries.
He can request relevant files and documents from state government departments.
The loka-yukta's recommendations are advisory, and not binding on the state government.
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PRACTICE QUESTION Q.Discuss the role and significance of the Lokayukta in promoting accountability and combating corruption in state administration. (150 words) |
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