Lokayukta and its Functions

Lokayukta and its Functions: Lokayukta is formed using two words, namely “Loka,” which refers to the public, and “Yukta,” which refers to the appointment. Hence, the Lokayukta means “appointed by the public.” Lokayukta is a person chosen by the government to look out for the public’s interests. This individual serves as an anti-corruption authority. Lokayukta keeps in check all the corruption and misrule of the state governments.

In this article, we will look into the Lokayukta Act 2013, Lokayukta Case Status, Lokayukta in different states, Term of Office, Termination, and Functions of Lokayukta.

What is Lokayukta?

Lokayukta is an appointed authority at the state level in each of the states in India. It is designed to hear the grievances of the citizens of each state. After the Lokayukta Act is passed by the state legislature, it is implemented in that state, and a qualified candidate is selected for the position. The Lokayukta was established after the Lokayukta Act was passed by each state government, and it watches over the several departments of the government that serve people to ensure a corruption-free environment.

Lokayukta Act, 2013

The concept of the Lokayukta emerged from the countries in Scandinavia where the term “ombudsman” is used across the country. From 1966 to 1970, the Administrative Reforms Committee in India recommended in its report establishing the Lokayukta. Based on their commissioning, the Lokayukta Maharashtra Act was passed in 1971, and Maharashtra was the first Indian state to establish the Lokayukta. The Lokpal and Lokayukta Act of 2013 was passed to give this body legal status. The act was passed by the government of India. The Lokayukta is appointed by the governor of any state.

Lokayukta Case Status

If a public servant is charged with a crime, then the Lokayukta investigates the matter, and if it is pleased with the evidence, it passes it on to the court for further proceedings. The Lokayukta has special courts for handling such matters. As of September 2019, the Union government has resolved 1000 cases out of 1065.

Lokpal and Lokayukta

The Lokpal and Lokayukta were established by the Lokpal and Lokayukta Act of 2013. The Lokpal has similar functions as the Lokayukta, with the only exception of the Lokpal being active at the central level. It watches over the whole of India, not the Indian states. Both the Lokpal and Lokayukta are not recognized by the constitution. The Lokayukta is appointed by the state governor, and the Lokpal is appointed by the Prime Minister, the Chief Justice of India, and the leader of the opposition. The Lokayukta is a state-funded body, whereas the Lokpal is funded by the Union Government.

Lokayukta in Different States

The Lokayukta is set up in different states like Karnataka, Rajasthan, Maharashtra, Madhya Pradesh, and Andhra Pradesh. The Lokayukta of Karnataka was established in 1984, while the Maharashtra Lokayukta was established in 1971 and was the first state to do so. The Lokayukta of the other states was formed much later. The features of the Lokayukta in the following states are as follows:

• Karnataka Lokayukta: The Karnataka Lokayukta was established in 1984. It was established by the Karnataka Lokayukta Act. The Act includes all public servants of the state and the Chief Minister. The present Lokayukta of Karnataka is Justice B.S. Patil.
• Rajasthan Lokayukta: The Rajasthan Lokayukta was passed by the Rajasthan Lokayukta and Deputy Lokayukta Act in 1973. This Act was given assent to by the President of India. The present Lokayukta of Rajasthan is Justice Shri Pratap Krishna Lohra
• Maharashtra Lokayukta: Maharashtra was the first state to establish a Lokayukta. It came into being in 1971 with the Maharashtra Lokayukta Act. The present Lokayukta of Maharashtra is V.M. Kanade.
• Madhya Pradesh Lokayukta: The Madhya Pradesh Lokayukta was established by the Madhya Pradesh Lokayukta and Deputy Lokayukta Act in 1981. Justice N.K. Gupta is the present Lokayukta of Madhya Pradesh.
• Andhra Pradesh Lokayukta: The Andhra Pradesh Lokayukta was formed under the Andhra Pradesh Lokayukta and Upa-Lokayuktas Act in 1983. The present Lokayukta of Andhra Pradesh is Justice P Lakshmana Reddy.

Lokayukta – Term of Office

The Lokayukta has a fixed term of office. In many states, the term of office of the Lokayukta is for five years or until the age of 65, whichever comes earlier. Once the term of office of the Lokayukta ends, it cannot be reappointed for the same posts. A new set of people has to be appointed as the Lokayukta every five years.

Functions of the Lokayukta

The functions of Lokayukta are as follows:

• Bringing Transparency: The main objective behind the setting up of the Lokayukta is to bring transparency to government and public offices.
• Direct Accountability: Any citizen of any state in India can reach out to the Lokayukta directly to ask for a resolution. There are no middlemen or any other authorities that need to be consulted before seeking the help of the Lokayukta. This direct accountability of the Lokayukta is what makes their posts popular and full of responsibility.
• Swift Resolution: The Lokayukta ensures that no one is deprived of any public facilities or governmental services. They are responsible for considering the unjust acts faced by the residents of a particular state and providing them with a swift solution. With their proper observation and power, the corruption level in any state is reduced.
• Watchdog of Public Departments: The Lokayukta can be related to the common term “ombudsman” of the several departments related to the citizens across all the states in India. All the public departments are scrutinized by it.

Termination of the Lokayukta

The Lokayukta is usually a former judge of the Supreme Court or the Chief Justice of the High Court of a state. They cannot be dismissed from their posts or transferred from one state to another. Their termination has to follow a certain rule like the passing of the impeachment motion by the state assembly.

Challenges of the Lokayukta

There are several challenges in front of the Lokayukta as mentioned below:

• Complex Legal Status: There is no transparency on the composition, power and other parameters of the Lokayukta. A state is completely sovereign on how it wants its Lokayukta to be and how many members should it contain. Their working criteria are also fixed by the respective state governments.
• Delayed Resolution: The Lokayukta has an infamous reputation for providing delayed solutions to the public. The reason for the same is that the Lokayukta is dependent upon the state governments for financial resources as well as for their configuration. They face interference from the government of any particular state.

Reforms of the Lokayukta

The Lokayukta can be reformed and strengthened in several ways. The Lokpal and the Lokayukta Act, 2013 can be given a greater power to investigate the judicial organ of the state government and even its Chief Minister. The composition of the Lokayukta needs to be amended as there is a need for more manpower. The Lokayukta should be more liable and accountable in its functioning. They should bring their work out to the public and also produce the reports of their investigation regularly. They should be transparent with their results and should be biased in any scenario.

Conclusion – Lokayukta and its Functions

The Lokayukta in the state of India is a body that helps in reducing any kind of bad practices and maladministration by public departments. Any such body is bound to face criticism and the Lokayukta is not an exception. Apart from that the tenure of the Lokayukta and their functions make them very relevant in the Indian context.

Lokayukta UPSC

Lokayukta is an important topic in UPSC Mains GS Paper II, along with the PYQ. This article contains all the important topics under the Lokayukta like its emergence, function, terms of office, functions, etc. The terms of Lokayukta are important from the perspectives of governance and politics.

UPSC Mains PYQs on Lokayaukta

Q. ‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs’. Discuss. (2013)

FAQs on Lokayukta and its Functions

1. What is meant by Lokayukta?

The Lokayukta is an authority that oversees corruption in public departments. They keep the power of public servants in check.

2. What is the role of Lokayukta in India?

The role of Lokayukta in India is to remove corruption from the various public departments under the state governments. It has the power to inquire about any public official and move them to the court for criminal proceedings.

3. What is the difference between Lokpal and Lokayukta in India?

The difference between Lokpal and Lokayukta in India is that Lokpal works on the central level, while Lokayukta works on the state level. The Lokpal investigates officials of the central government, while the Lokayukta investigates people working under departments of the state government.

4. What is the salary of Lokayukta?

The salary of Lokayukta varies from state to state. The salary of the Lokayukta is similar to the salary of the judge of the Supreme Court or the Chief Justice of the High Court.

5. What are the qualifications for Lokayukta?

A retired Chief Justice, retired High Court judge, or a judge currently serving on the bench may be nominated as a Lokayukta.