Goa Lokayukta
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The Goa Lokayukta is the
ombudsman An ombudsman ( , also ) is a government employee who investigates and tries to resolve complaints, usually through recommendations (binding or not) or mediation. They are usually appointed by the government or by parliament (often with a sign ...
institution of the Indian state of
Goa Goa (; ; ) is a state on the southwestern coast of India within the Konkan region, geographically separated from the Deccan highlands by the Western Ghats. It is bound by the Indian states of Maharashtra to the north, and Karnataka to the ...
. The Lokayukta is an anti-corruption
ombudsman An ombudsman ( , also ) is a government employee who investigates and tries to resolve complaints, usually through recommendations (binding or not) or mediation. They are usually appointed by the government or by parliament (often with a sign ...
existing in several
states State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
of
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
. Justice (Retired) Ambadas Joshi is the Lokayukta of Goa since 7 May 2021.


Background

In 1966, a report by the
Administrative Reforms Commission The Administrative Reforms Commission (ARC) is the commission appointed by the Government of India for giving recommendations for reviewing the public Public administration, administration system of India. The first ARC was established on 5 Jan ...
headed by
Morarji Desai Morarji Ranchhodji Desai (29 February 1896 – 10 April 1995) was an Indian politician and Indian independence activist, independence activist who served as the Prime Minister of India, prime minister of India between 1977 and 1979 leading th ...
recommended the setting up of
Lokpal A Lokpal ( ''lokapāla'', "defender of people" or "People's Friend") is an anti-corruption authority or body of ombudsman who represents the public interest in the Republic of India. The current Chairperson of Lokpal is Ajay Manikrao Khanwilkar. ...
at the federal level and Lokayukta in the states, for the redressal of citizen's grievances.
Goa Goa (; ; ) is a state on the southwestern coast of India within the Konkan region, geographically separated from the Deccan highlands by the Western Ghats. It is bound by the Indian states of Maharashtra to the north, and Karnataka to the ...
had its first anti-corruption commission under the Goa Public Men's Corruption (Inquiries and Investigation) Act, 1988. The provisions of this Act were analogous to the Lokayukta Acts of several states. The legislation was enacted to make provision for the constitution of the commission for investigation of, and inquiry into, complaints against public men and for matters connected therewith.
Government of India The Government of India (ISO 15919, ISO: Bhārata Sarakāra, legally the Union Government or Union of India or the Central Government) is the national authority of the Republic of India, located in South Asia, consisting of States and union t ...
subsequently circulated model Bills on Lokayukta and State Vigilance Commissions to all states in
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
.


Journey of the Bill

The Goa Lokayukta Bill, 2003 was introduced before the
Goa Legislative Assembly The Goa Legislative Assembly is the unicameral legislature of the state of Goa in India. The Assembly meets at the Goa State Legislative Assembly Complex in Porvorim, Bardez. The Eighth Goa Legislative Assembly consists of 40 members. The assem ...
in 2003 during the tenure of
Manohar Parrikar Manohar Gopalkrishna Prabhu Parrikar (13 December 1955 – 17 March 2019) was an Indian politician and a member of the Bharatiya Janata Party who was the Chief Minister of Goa for three terms. He also served as the Union Minister of Defence ...
as the Chief Minister of Goa. It was referred to the Select Committee and the Select Committee's report was adopted by the
Goa Legislative Assembly The Goa Legislative Assembly is the unicameral legislature of the state of Goa in India. The Assembly meets at the Goa State Legislative Assembly Complex in Porvorim, Bardez. The Eighth Goa Legislative Assembly consists of 40 members. The assem ...
in 2006. The Bill was then finally passed by the
Goa Legislative Assembly The Goa Legislative Assembly is the unicameral legislature of the state of Goa in India. The Assembly meets at the Goa State Legislative Assembly Complex in Porvorim, Bardez. The Eighth Goa Legislative Assembly consists of 40 members. The assem ...
in 2007. It was sent to the
Governor of Goa The governor of Goa is the nominal head of the Indian state of Goa. The governor is appointed by the president for a term of five years. P. S. Sreedharan Pillai became 22th governor on 7 July 2021. Powers and functions The governor has: *Exec ...
for his assent on 11 August 2007. The
Governor of Goa The governor of Goa is the nominal head of the Indian state of Goa. The governor is appointed by the president for a term of five years. P. S. Sreedharan Pillai became 22th governor on 7 July 2021. Powers and functions The governor has: *Exec ...
reserved it for the assent of the
President of India The president of India (ISO 15919, ISO: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, and the commander-in-chief, supreme commander of the Indian Armed ...
as the proposed legislation was within the ambit of Entry No.45 of the
Concurrent List The Concurrent List or List-III (Seventh Schedule) is a list of 52 items (though the last subject is numbered 47) given in the Seventh Schedule to the Constitution of India. It includes the power to be considered by both the union and state gove ...
(List-III) of Schedule VII of the
Constitution of India The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
. It was examined by the Union Ministries of
Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
,
Home A home, or domicile, is a space used as a permanent or semi-permanent residence for one or more human occupants, and sometimes various companion animals. Homes provide sheltered spaces, for instance rooms, where domestic activity can be p ...
as well as Personnel, Public Grievances and Pensions of the
Government of India The Government of India (ISO 15919, ISO: Bhārata Sarakāra, legally the Union Government or Union of India or the Central Government) is the national authority of the Republic of India, located in South Asia, consisting of States and union t ...
. These Ministries pointed out towards certain legal infirmities in the Goa Lokayukta Bill, 2003 in context to the
Prevention of Corruption Act, 1988 The Prevention of Corruption Act, 1988 (No. 49 of 1988) is an Act of the Parliament of India enacted to combat corruption in government agencies and public sector businesses in India. Provisions The act consists of 5 chapters spread across ...
, Delhi Special Police Establishment Act, 1946 and the
Right to Information Act, 2005 Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical ...
. Due to these reservations expressed by several Ministries of the
Government of India The Government of India (ISO 15919, ISO: Bhārata Sarakāra, legally the Union Government or Union of India or the Central Government) is the national authority of the Republic of India, located in South Asia, consisting of States and union t ...
, the
Government of Goa The Government of Goa is a state government created by the Constitution of India and has executive, legislative and judicial authority of the state of Goa. It is headquartered in Panaji, the capital city of Goa. History The governor's is large ...
led by
Chief Minister A chief minister is an elected or appointed head of government of – in most instances – a sub-national entity, for instance an administrative subdivision or federal constituent entity. Examples include a state (and sometimes a union ter ...
Digambar Kamat Digamber Kamat (born 8 March 1954) is an Indian politician who served as the Chief Minister of Goa from 2007 to 2012. He won the seventh term as a MLA from Margao Assembly constituency in 2022. From 2006 to 2019, he was the president of Swim ...
decided to withdraw the enactment and introduce a new legislation. Meanwhile, the
2011 Indian anti-corruption movement The Indian anti-corruption movement, popularly known as Anna Andolan, was a series of demonstrations and protests across India that began in 2011 and was intended to establish strong legislation and enforcement against perceived endemic politic ...
across
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
renewed the demand for the institution of the Lokayukta. The then Chief Minister of Goa
Digambar Kamat Digamber Kamat (born 8 March 1954) is an Indian politician who served as the Chief Minister of Goa from 2007 to 2012. He won the seventh term as a MLA from Margao Assembly constituency in 2022. From 2006 to 2019, he was the president of Swim ...
requested the Goa Law Commission to expedite the drafting of a fresh Bill. Hence, the Commission then led by Ramakant Khalap in its fifteenth report suggested a draft Lokayukta Bill. The Goa Lokayukta Bill, 2011 was passed by the
Goa Legislative Assembly The Goa Legislative Assembly is the unicameral legislature of the state of Goa in India. The Assembly meets at the Goa State Legislative Assembly Complex in Porvorim, Bardez. The Eighth Goa Legislative Assembly consists of 40 members. The assem ...
on 5 October 2011. As the Bill was he members of the Assembly hailed the
2011 Indian anti-corruption movement The Indian anti-corruption movement, popularly known as Anna Andolan, was a series of demonstrations and protests across India that began in 2011 and was intended to establish strong legislation and enforcement against perceived endemic politic ...
led by
Anna Hazare Kisan Baburao "Anna" Hazare (; born 15 June 1937) is an Indian social activist who led movements to promote rural development, increase government transparency, and investigate and punish corruption in public life. He was awarded the Padma Bhu ...
which led to the revival of the Bill. The then
Governor of Goa The governor of Goa is the nominal head of the Indian state of Goa. The governor is appointed by the president for a term of five years. P. S. Sreedharan Pillai became 22th governor on 7 July 2021. Powers and functions The governor has: *Exec ...
K. Sankaranarayanan referred back the Bill to the
Government of Goa The Government of Goa is a state government created by the Constitution of India and has executive, legislative and judicial authority of the state of Goa. It is headquartered in Panaji, the capital city of Goa. History The governor's is large ...
in November 2011 with certain queries. In January 2012, the
Governor of Goa The governor of Goa is the nominal head of the Indian state of Goa. The governor is appointed by the president for a term of five years. P. S. Sreedharan Pillai became 22th governor on 7 July 2021. Powers and functions The governor has: *Exec ...
referred back the Bill to the
Government of Goa The Government of Goa is a state government created by the Constitution of India and has executive, legislative and judicial authority of the state of Goa. It is headquartered in Panaji, the capital city of Goa. History The governor's is large ...
for the second time. The
Government of Goa The Government of Goa is a state government created by the Constitution of India and has executive, legislative and judicial authority of the state of Goa. It is headquartered in Panaji, the capital city of Goa. History The governor's is large ...
sent the Bill for assent to the
President of India The president of India (ISO 15919, ISO: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, and the commander-in-chief, supreme commander of the Indian Armed ...
. The 2012 Assembly elections led to the ouster of the
Digambar Kamat Digamber Kamat (born 8 March 1954) is an Indian politician who served as the Chief Minister of Goa from 2007 to 2012. He won the seventh term as a MLA from Margao Assembly constituency in 2022. From 2006 to 2019, he was the president of Swim ...
government and
Manohar Parrikar Manohar Gopalkrishna Prabhu Parrikar (13 December 1955 – 17 March 2019) was an Indian politician and a member of the Bharatiya Janata Party who was the Chief Minister of Goa for three terms. He also served as the Union Minister of Defence ...
became the Chief Minister of Goa. In its election manifesto, the
Bharatiya Janata Party The Bharatiya Janata Party (BJP; , ) is a political party in India and one of the two major List of political parties in India, Indian political parties alongside the Indian National Congress. BJP emerged out from Syama Prasad Mukherjee's ...
led by Parrikar had promised to institute the office of Lokayukta within 100 days of gaining power. The
President of India The president of India (ISO 15919, ISO: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, and the commander-in-chief, supreme commander of the Indian Armed ...
granted her assent to the Goa Lokayukta Bill, 2011 in May 2012. The Rtd. Justice B. Sudarshan Reddy was appointed as first Lokayukta of Goa in 2013.


See also


References

{{Lokayukta Lokayuktas Government of Goa 2011 establishments in Goa State agencies of Goa Government agencies established in 2011