India – President Gives Nod to Kerala’s LokAyukta Bill

General Studies Paper -2

Context: President Droupadi Murmu has approved the Kerala Government’s Lok Ayukta Amendment Bill 2022.

Highlights of the Bill

• The amendment sought to take away the Lok Ayukta’s powersto declare public servants ineligible to hold their positions if complaints of corruption and nepotism against them were proven.
• In the case of any unfavourable decision from the Lok Ayukta against the Chief Minister, the competent authority in the existing Act will now be the Assembly instead of the Governor.
• In the case of an MLA, the Speaker will be the competent authority.
• The competent authorities will also now have the option to accept or reject the LokAyukta recommendations.

What are Lokayukta?

• The Lokpal and Lokayuktas Act, 2013 came into effect in 2014.
• Lokayukta are anti-corruption ombudsman institutions in India, established in states.
• Concept:The concept of Lokayukta was inspired by the Scandinavian Countries Ombudsman system.
• Function:The Lokayukta are responsible for investigating allegations of corruption and maladministration against public servants and elected representatives.
• First Lokayukta:The establishment of Lokayukta institutions in India began with the first Lokayukta being constituted in Maharashtra in 1971. 
• Members:The Lokayukta is to be headed by a chairperson, who is or has been a Chief Justice or Judge of the High Court, and can have up to eight members, including judicial and non-judicial members.
• The Governor of the State appoints the members.
• Powers:Lokayukts have the authority to summon witnesses, examine evidence, and recommend punitive measures such as dismissal, suspension, or prosecution of guilty officials.
• However, their recommendations are usually not binding, and the final decision lies with the respective government authorities or judiciary.
• Jurisdictions:The Lokayukts typically have jurisdiction over public officials and employees within the state government and its agencies, including ministers, legislators, bureaucrats, and other elected representatives.
• Independence:To ensure impartiality and independence, Lokayukts are typically headed by retired judges or eminent persons with experience in public administration.

Challenges

• Limited Jurisdiction:The jurisdiction of Lokayuktas is often limited to certain categories of public servants or specific areas of governance, which may restrict their ability to address all forms of corruption comprehensively.
• Lack of Independence:Despite being intended as independent bodies, Lokayuktas often face political interference or pressure from the government, which can hinder their autonomy.
• Inadequate Resources: Lokayuktas often suffer from insufficient financial and human resources.
• Whistleblower Protection:Whistleblowers and complainants who report corruption may face threats, harassment, or retaliation, which discourages them from coming forward with information.
• Political Will:Ultimately, the effectiveness of Lokayuktas depends on the political will of the government to combat corruption and strengthen accountability mechanisms.

Measures Needed to Strengthen Lokayukta:

• Legislative Reforms: Enact comprehensive legislation granting Lokayuktas broader jurisdiction, including coverage of all public servants and entities receiving public funds.
• Appointment:Expedite the process of appointing Lokayuktas and ensure the selection process is transparent, merit-based, and free from political influence.
• Independence:Safeguard the independence of Lokayuktas by providing them with fixed tenures, adequate resources, and immunity from arbitrary removal or interference.
• Public Awareness:Launch awareness campaigns to educate the public about the role and functions of Lokayuktas, how to file complaints, and the importance of reporting corruption.
• Whistleblower Protection:Strengthen legal provisions for protecting whistleblowers who report corruption, including measures to ensure their confidentiality, safety, and immunity from retaliation.
• Accountability:Hold governments and public officials accountable for implementing Lokayukta recommendations and take disciplinary action against those found guilty of obstructing or undermining anti-corruption efforts.

Conclusion

• Over the years, there have been calls for strengthening Lokayukts and expanding their jurisdiction to cover more public officials and institutions.
• Some states have also introduced amendments to their Lokayukts Acts to address deficiencies and enhance accountability.
• By implementing the required measures, India can significantly enhance the effectiveness and credibility of Lokayuktas in combating corruption and promoting good governance at the state level.