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Lokayukta

Topics Covered: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

Lokayukta:

Context:

The Supreme Court has issued notice on a plea filed by the State of Nagaland for a direction to its Lokayukta to cease exercising his powers and functions and transfer all his work to the Upa-Lokayukta.

What’s the issue?

The petition by the State asked the court to use its extraordinary powers under Article 142 of the Constitution to preserve the institutional integrity of the Lokayukta and ensure that a “fit, proper and competent person” occupies the office of the Lokayukta.

What is Lokayukta?

Lokayukta is an anti-corruption authority or ombudsman – an official appointed by the government to represent the interests of the public.

  • Most importantly, it investigates allegations of corruption and mal-administration against public servants and is tasked with speedy redressal of public grievances.

Genesis:

The Administrative Reforms Commission headed by Late Morarji Desai in 1966 recommended the setting up of the institution of Lokayukta.

The Lokpal and Lokayukta Act, 2013, commonly known The Lokpal Act was passed by the Parliament of India in December 2013.

  • It provides for the appointment of a Lokayukta “to investigate and report on allegations or grievances relating to the conduct of public servants.”
  • It also called for establishment of Lokpal at the Centre.

Who is appointed as the Lokayukta?

The Lokayukta is usually a former High Court Chief Justice or former Supreme Court judge and has a fixed tenure.

Selection of Lokayukta:

  • The Chief Minister selects a person as the Lokayukta after consultation with the High Court Chief Justice, the Speaker of the Legislative Assembly, the Chairman of the Legislative Council, Leader of Opposition in the Legislative Assembly and the Leader of Opposition in the Legislative Council. The appointment is then made by the Governor.
  • 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.

InstaLinks:

Prelims Link:

  1. Which states have not appointed Lokayukta?
  2. Which was the first state in India to have the office of Lokayukta?
  3. Who appoints Lokayukta?
  4. Powers and functions.
  5. Eligibility 
  6. Overview of the Lokpal and Lokayukta Act, 2013.

Sources: the Hindu.