The Lokayukta (also Lok Ayukta; ''lokāyukta'', "civil commissioner''"'') is an Indian
Parliamentary Ombudsman who may be appointed for each of the
State
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 ...
Governments 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 ...
. The role was introduced by the Lokpal and Lokayuktas Act of 2013 to quickly address the working of the government or its administration (public servants). Once appointed, a Lokayukta cannot be dismissed or transferred by the government, and can only be removed by passing an impeachment motion by the state assembly.
The Lokayukta mainly publicizes corruption among politicians and
government officials
An official is someone who holds an office (function or mandate, regardless of whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority (either their own or that of the ...
. Many acts of the Lokayukta have resulted in criminal or other consequences for those charged.
Appointment
A Lokayukta is appointed by the
Governor
A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
of the
State
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 ...
, through nomination by its
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 ...
(in consensus with
Chief justice of the State
High Court,
Leaders of the Opposition in the Legislative Assembly, and Legislative Council,
Speaker of the
Legislative Assembly and Chairman of the Legislative Council). Once appointed, Lokayukta cannot be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion by the state assembly.
Any person who is a judge or a retired Chief Justice or a retired judge of the High Court is eligible to be appointed as Lokayukta. In most states, the term of a Lokayukta is five years or when they reach 65 years of age, whichever is earlier.
History
In October 1966, 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 ...
, led 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 ...
, submitted an interim report to the Prime Minister.
It recommended the establishment of the Lokayukta in each state to address citizens' grievances and improve public administration. At the time, existing mechanisms such as courts and departmental authorities were considered inadequate for tackling corruption and misconduct by public officials.
Based on the recommendation, 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 ...
introduced a bill in 1968 to create the institution on Lokayukta in the states and
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 national level, modeled after the
Ombudsman Institution. Although the bill passed in the
Lok Sabha
The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
, it did not pass in the
Rajya Sabha
Rajya Sabha (Council of States) is the upper house of the Parliament of India and functions as the institutional representation of India’s federal units — the states and union territories.https://rajyasabha.nic.in/ It is a key component o ...
. Despite this, the proposal inspired several States to enact their own Lokayukta laws, although the provisions varied widely.
Maharashtra
Maharashtra () is a state in the western peninsular region of India occupying a substantial portion of the Deccan Plateau. It is bordered by the Arabian Sea to the west, the Indian states of Karnataka and Goa to the south, Telangana to th ...
became the first
state
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 ...
to formally establish the institution with the Lokayukta and Upa-Lokayuktas Act of 1971. This was soon followed by similar legislation in several other states (
Odisha
Odisha (), formerly Orissa (List of renamed places in India, the official name until 2011), is a States and union territories of India, state located in East India, Eastern India. It is the List of states and union territories of India by ar ...
,
Rajasthan
Rajasthan (; Literal translation, lit. 'Land of Kings') is a States and union territories of India, state in northwestern India. It covers or 10.4 per cent of India's total geographical area. It is the List of states and union territories of ...
,
Bihar
Bihar ( ) is a states and union territories of India, state in Eastern India. It is the list of states and union territories of India by population, second largest state by population, the List of states and union territories of India by are ...
,
Uttar Pradesh
Uttar Pradesh ( ; UP) is a States and union territories of India, state in North India, northern India. With over 241 million inhabitants, it is the List of states and union territories of India by population, most populated state in In ...
,
Karnataka
Karnataka ( ) is a States and union territories of India, state in the southwestern region of India. It was Unification of Karnataka, formed as Mysore State on 1 November 1956, with the passage of the States Reorganisation Act, 1956, States Re ...
,
Madhya Pradesh
Madhya Pradesh (; ; ) is a state in central India. Its capital is Bhopal and the largest city is Indore, Indore. Other major cities includes Gwalior, Jabalpur, and Sagar, Madhya Pradesh, Sagar. Madhya Pradesh is the List of states and union te ...
,
Andhra Pradesh
Andhra Pradesh (ISO 15919, ISO: , , AP) is a States and union territories of India, state on the East Coast of India, east coast of southern India. It is the List of states and union territories of India by area, seventh-largest state and th ...
,
Gujarat
Gujarat () is a States of India, state along the Western India, western coast of India. Its coastline of about is the longest in the country, most of which lies on the Kathiawar peninsula. Gujarat is the List of states and union territories ...
,
Kerala
Kerala ( , ) is a States and union territories of India, state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile ...
,
Tamil Nadu
Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
) and the union territory of
Delhi
Delhi, officially the National Capital Territory (NCT) of Delhi, is a city and a union territory of India containing New Delhi, the capital of India. Straddling the Yamuna river, but spread chiefly to the west, or beyond its Bank (geography ...
.
In the state of
Haryana
Haryana () is a States and union territories of India, state located in the northern part of India. It was carved out after the linguistic reorganisation of Punjab, India, Punjab on 1 November 1966. It is ranked 21st in terms of area, with les ...
, activist Naresh Kadyan filed a public interest litigation and later a contempt of court petition due to the government's failure to appoint a Lokayukta.
However, the powers and responsibilities of the Lokayuktas still differ from state to state, prompting efforts to standardize them. To address the lack of uniformity, the 1st All India Lokayukta and Upa-Lokayuktas Conference was held in
Shimla
Shimla, also known as Simla ( the official name until 1972), is the capital and the largest city of the northern Indian state of Himachal Pradesh. In 1864, Shimla was declared the summer capital of British India. After independence, the city ...
in 1986, where it was agreed that there should be consistency across states. This call for uniformity was reinforced at a subsequent conference in
Bhopal
Bhopal (; ISO 15919, ISO: Bhōpāl, ) is the capital (political), capital city of the Indian state of Madhya Pradesh and the administrative headquarters of both Bhopal district and Bhopal division. It is known as the ''City of Lakes,'' due to ...
in October 2010, and there were plans to achieve this through central legislation.
In Indian states
There are no Lokayuktas in
Jammu and Kashmir and
Puducherry. Lokayukta was enacted in Tamil Nadu on 13 July 2018 and was established on 13 November 2018. The
Arunachal Pradesh
Arunachal Pradesh (; ) is a States and union territories of India, state in northeast India. It was formed from the North-East Frontier Agency (NEFA) region, and India declared it as a state on 20 February 1987. Itanagar is its capital and la ...
Assembly passed a Lokayukta bill on 4 March 2014. The
Mizoram
Mizoram is a states and union territories of India, state in northeastern India, with Aizawl as its Capital city, capital and largest city. It shares 722-kilometres (449 miles) of international borders with Bangladesh to the west, and Myanmar t ...
Assembly passed a Lokayukta Bill in March 2019.
Roles
The
Lokpal and Lokayukta Act 2013 makes it compulsory for each state to appoint Lokayukta, similar to
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 central level for investigation into complaints of corruption against government officers in public offices. As per the Act, the institution should have both judicial and non-judicial members. Lokayukta investigates cases of corruption committed at the state level,
and recommends action once proven.
Constitutional Amendment for Effectiveness
An amendment to the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
When these pri ...
has been proposed to implement the Lokayukta uniformly across
Indian states
India is a federal union comprising 28 states and 8 union territories, for a total of 36 subnational entities. The states and union territories are further subdivided into 800 districts and smaller administrative divisions by the respe ...
. The proposed changes will make the institution of Lokayukta uniform across the country as a three-member body, headed by a retired
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
judge or high court chief justice
and comprising the state vigilance commissioner and a jurist or an eminent administrator as other members.
Reforms
In November 2012, after the conclusion of the 11th ''All India Lokayukta Conference'', as many as 16 Lokayuktas sent many recommendations to 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 recommendations were:
* Make Lokayukta the nodal agency for receiving all corruption complaints.
* Accord Lokayukta jurisdiction over State-level probe agencies.
* Bring bureaucrats under the ambit of the Lokayuktas.
* Accord powers of search and seizure and powers to initiate
contempt
In colloquial usage, contempt usually refers to either the act of despising, or having a general lack of respect for something. This set of emotions generally produces maladaptive behaviour. Other authors define contempt as a negative emotio ...
proceedings.
* Provide Lokayukta administrative and financial
autonomy
In developmental psychology and moral, political, and bioethical philosophy, autonomy is the capacity to make an informed, uncoerced decision. Autonomous organizations or institutions are independent or self-governing. Autonomy can also be ...
.
* Bring
Non-Governmental Organisation
A non-governmental organization (NGO) is an independent, typically nonprofit organization that operates outside government control, though it may get a significant percentage of its funding from government or corporate sources. NGOs often focus ...
s (NGO) funded by the government under Lokayukta's jurisdiction.
Impact
In 2021, a report of
Retd. Justice Santosh Hegde, the then incumbent
Lokayukta of Karnataka, resulted in the unseating of the Chief Minister of Karnataka
B. S. Yeddyurappa from his position.
See also
*
The Lokpal and Lokayuktas Act, 2013
The Lokpal and Lokayuktas Act, 2013, commonly known as The Lokpal Act, is an anti-corruption Act of Parliament, Act of Indian Parliament in India which "seeks to provide for the establishment of the institution of Lokpal to inquire into alleg ...
*
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. ...
*
Citizen's Charter and Grievance Redressal Bill, 2011
*
Jan Lokpal Bill
*
2011 Indian anti-corruption movement
References
{{authority control
Anti-corruption measures in India
Anti-corruption agencies
Ombudsman posts