All about the Indian Lokayukta system.comes complete with a funky illustration to make your life happier.

1. Lokayukta
A Presentation By
Vincy Davis, Journo (III)
Roll No.128

2. Some clarifications…
 Lokpal – literally meaning ‘protector of people’.
Ombudsman at the Union level
 Lokayukta – Ombudsman at the State level
 Upa-lokayukta – Deputy Lokayukta
 Lokayukta vs. Vigilance officer – Former looks
into citizen grievances against public officials
from outside ‘the system’ and the latter does the
same from within ‘the system’

3. Existing grievance redressal
machinery
 Judicial remedy
 Administrative tribunals like Income Tax
Appellate Tribunal, Labour Tribunal
 Parliamentary procedure
 Department of Administrative Reforms and
Public Grievances. Consumer Fora
 Extra bureaucratic channels like
panchayats

4. Need for Lokayukta
Interim Report of the Administrative Reforms, 1962 gave the
following reasons:
 “A Democratic government is a “government of the people, by the
people and for the people”, it has an obligation to satisfy the citizen
about its functioning and to offer them adequate means for the
ventilation and redress of their grievances.
 The redressal of citizen’s grievances is basic to the functioning of
democratic governments, and will strengthen the hands of the
government in administering the laws of the land without fear and
favour, affection or ill will and enable it to go up in public faith and
confidence without which progress would not be possible.
 The existing institutions of judicial review and Parliamentary control
are inadequate in view of the ever expanding range of
governmental functions most of which are discretionary.
 There prevails a public feeling against prevalence of corruption,
widespread inefficiency and administration’s unresponsiveness to
popular needs.”

5. Evolution
 Early ’60s, rampant corruption in the govt. sets the mood for
establishing an Ombudsman to look into citizen grievances
 Administrative Reforms Commission, 1966 recommendations
 Office of Lokayukta was set up on the pattern of the Ombudsman in
the Scandinavian countries
 Lokpal Act remains stalled but several states passed Lokayukta Acts
over the years : Maharashtra (1972), Bihar (1974), Uttar Pradesh
(1977), Madhya Pradesh (1981), Andhra Pradesh (1983), Himachal
Pradesh (1983), Karnataka (1984), Assam (1986), Gujarat (1988),
Delhi (1995), Punjab (1996), Kerala (1998), Chhattisgarh (2002),
Uttaranchal (2002) and West Bengal (2003) and Haryana (2004)
 Lokayukta is not uniform across all states

6. Terms and conditions of office
 Term : 3-5 years
 Generally a retired Supreme Court or High Court judge is appointed
in consultation with the state governor, ruling and opposition
leaders of the state legislative assembly
 A Lokayukta does not hold a separate office for profit and is not
connected with any political party. Also debarred from being a
member of Parliament or State Legislature.
 Lokayukta’s office has been provided equivalence with the status of
a Judge of the High Court.
 Governors are authorised to remove the Lokayuktas but only for
misbehaviour or incapacity. Procedures for removal are not uniform.

7. Jurisdiction
 No uniformity in terms of covering authorities
 Permission required to investigate cases
concerning officials above a certain rank
 Included under its ambit – matters of pension,
gratuity, PF, any claims related to retirement,
removal or termination of service

8.  Excluded from jurisdiction :
o Matters concerning State security; actions taken
in respect of appointments, pay and other
matters of employment
o Complaints which have or had any remedy
before any Tribunal or Court of Law
o Any action in which a public inquiry as ordered
under Public Servants (Inquiries) Act, 1950
o Complaint made beyond the period of limitation
(generally 3-5 years) stipulated by the Acts
o Any matter concerning any person if he has any
bias in respect of such matter or person

9. Lokayukta(s) in action…
 Madhya Pradesh, Karnataka – Have separate investigating
agencies headed by the DGP (states without these have
to hire private investigators to carry investigations)
 Karnataka, Kerala, Gujarat – Search warrant can be
issued in cases where the summoned person would not
produce the article relevant to any inquiry
 Delhi – Chief Minister, Ministers and MLAs are under its
ambit but civil servants/bureaucrats, judiciary, police and
the Delhi Development Authority are excluded
 Kerala – Lokayukta has local panchayats under its ambit
of investigation

11. Organisation
Hon’ble Lokayukta
Personal Secretary PRO
Administrative Wing Police Wing Technical Wing
Registrar Addl. Director General Chief Engineer
Deputy Registrar Inspector General Superintending Engg.
Asst. Registrar

12. Lokayukta – A mere PR tool?
 Garner says that he is “an Officer of Parliament, having as his
primary function the duty of acting as an agent for
Parliament, for the purpose of safeguarding citizens against
(Garner,1981:92)
 Can conduct raids but cannot legally punish anyone!
 Recommendations are not binding on the state government.
 No strict time limit for conducting investigations and enforcing
punishment.
 Has to seek permission to conduct investigation involving officers
above a certain rank
 Lokpal Bill stalled several times since its introduction in 1968 in
Parliament. Lack of political will?

13. The major advantage of a Lokayukta is
that he or she examines complaints from
outside the offending state institution,
thus avoiding the conflicts of interest
inherent in self-policing.
However, this system lies heavily on the
selection of an appropriate individual for the
office, and on the cooperation of at least some
effective official from within the apparatus of the
state.

14. Major success stories
 Former Karnataka Lokayukta,
Justice Santosh Hegde has
brought several officers and
ministers including forcing the
then CM, B S Yediyurrappa to
resign over his involvement in
illegal mining.
 Report on illegal mining
indicted Karnataka ministers as
well including Reddy brothers.
 A role model for other
Lokayuktas, he has offered to
re-draft the Bihar Lokayukta
Act

15.  Delhi Lokayukta and chairman
of All India Lokayukta
committee, Justice
Manmohan Sarin has been
championing the cause of
strengthening the office of
Lokayukta
 Recently indicted CM Sheila
Dikshit for "misrepresenting"
facts while announcing that
60,000 low-cost flats were
ready under the 'Rajiv Rattan
Awas' scheme, in the run-up to
the 2008 Assembly polls.

16. Controversies
 Gujarat : Gov.
Kamla
Beniwal
appoints
Lokayukta
using
discretionary
powers. Modi
and Co. react
vehemently

17.  Karnataka :
Case of
Conflict of
Interest for
present
Lokayukta,
Justice
Shivaraj V.
Patil

18. Latest developments…
 Calls for adopting the uniform "Model Lokayukta
Bill" as formulated by the Implementation
Committee constituted by the All India
Lokayukta Conference, 2004
 The Jan Lokpal Bill drafted by India Against
Corruption Campaign supporters says
Lokayuktas should be appointed by the Centre

19. References
 Lokayukta (Ombudsman in India) : A Socio-Legal Study,
Shukla K.S, Singh S.S 1988
 http://www.thehindu.com/news/national/article607947.ece
 http://lokayukta.delhigovt.nic.in/hope-common-man.asp
 http://www.nios.ac.in/srsec317newE/317EL36.pdf
 http://findarticles.com/p/articles/mi_7078/is_2_13/ai_n42059
 http://findarticles.com/p/news-articles/times-of-india-the/mi_