Explained: The controversial ordinance to undermine Kerala Lokayukta’s powers
New Delhi, Feb 07: In a boost for the Pinarayi Vijayan-led government, Kerala Governor Arif Mohammad Khan signed the ordinance to amend the decades-old law state Lokayukta Act on Monday.
The ordinance seeks to empower the chief minister or the Cabinet as "competent authority" to either accept or reject verdicts of anti-corrvuption ombudsman Lokayukta by conducting a final hearing.
What is the Lokayukta amendment ordinance?
The government can "either accept or reject the verdict of the Lokayukta, after giving an opportunity of being heard".
Currently, under Section 14 of the Act, a public servant is required to vacate office if directed by the Lokayukta.
The amendments are being opposed for two reasons:
The changes are proposed through an ordinance and hence there was no proper discussions on the matter.
It violates the fundamental spirit of the central Lokpal and Lokayuktas Act, 2013.
Who is a Lokayukta?
The central Lokpal and Lokayuktas Act, 2013 was notified on January 1, 2014.
Lokayuktas are the state equivalents of the central Lokpal.
Originally, the central legislation was envisaged to make a Lokayukta in each state mandatory.
However, after opposition, the law then created a mere framework, leaving it to the states to decide the specifics.
Given that states have autonomy to frame their own laws, the Lokayukta's powers vary from state to state on various aspects, such as tenure, and need of sanction to prosecute officials.
Maharashtra was the first state to introduce the institution of Lokayukta through The Lokayukta and Upa-Lokayuktas Act in 1971. This was followed by similar acts that were enacted by the states of Odisha, Rajasthan, Bihar, Uttar Pradesh, Karnataka, Madhya Pradesh, Andhra Pradesh, Gujarat, Kerala, Tamil Nadu and the union territory of Delhi. Powers of Lokayukta in each state are different and efforts are being made to make them uniform.
LOKAYUKTA: POWERS AND FUNCTIONS
The
institution
of
the
Lokayukta
is
considered
as
an
anti-corruption
agency,
which
is
responsible
for
addressing
citizens' grievances
pertaining
to
corruption,
nepotism,
favouritism
arising
out
of
maladministration.
In
this
context,
the
Lokayukta
has:
-
Supervisory
powers,
that
is,
powers
of
superintendence
over
and
to
give
direction regarding matters referred for preliminary inquiry or investigation; - Power of Search and seizure;
- Power of civil court in certain cases;
- Power to utilise services of officers of the State Government;
- Power of provisional attachment of assets;
- Power regarding confirmation of attachment of assets;
-
Power
related
to
confiscation
of
assets,
proceeds,
receipts
and
benefits
arisen
or procured by means of corruption, in special circumstances; -
Power
to
recommend
transfer
or
suspension
of
public
servant
connected
with
allegation of corruption; -
Power
to
give
directions
to
prevent
destruction
of
records
during
preliminary
inquiry; and -
Power
to
delegate.
In
this
context,
the
Lokayukta
may
direct
that
any
administrative
or financial power conferred on it, may also be exercised or discharged by its
officer. (Himachal Pradesh Lokayukta Act, 2014, http://www.bareactslive.com/
HP/hp142.htm)
On the basis of above mentioned powers, the Lokayukta undertakes following functions to improve the standards of Public Administration:
- Accepts complaint against administration from any citizen.
- Accepts grievance against the accused person or body of persons, the Lokayukta provides the chance to the complainant for defending, after duly informing her/him/them.
- The Lokayukta carry out fair and impartial investigations, based on facts against the accused person by taking the assistance of special investigating agencies.
If the Lokayukta is satisfied with the validity of the complaint, s/he can recommend her/his proposal through written request to the competent authority