SlideShare une entreprise Scribd logo
1  sur  19
Lokayukta

   A Presentation By
Vincy Davis, Journo (III)
      Roll No.128
Some clarifications…
   Lokpal – literally meaning ‘protector of people’.
    Ombudsman at the Union level
   Lokayukta – Ombudsman at the State level
   Upa-lokayukta – Deputy Lokayukta
   Lokayukta vs. Vigilance officer – Former looks
    into citizen grievances against public officials
    from outside ‘the system’ and the latter does the
    same from within ‘the system’
Existing grievance redressal
               machinery
   Judicial remedy
   Administrative tribunals like Income Tax
    Appellate Tribunal, Labour Tribunal
   Parliamentary procedure
   Department of Administrative Reforms and
    Public Grievances. Consumer Fora
   Extra bureaucratic channels like
    panchayats
Need for Lokayukta
    Interim Report of the Administrative Reforms, 1962 gave the
    following reasons:

   “A Democratic government is a “government of the people, by the
    people and for the people”, it has an obligation to satisfy the citizen
    about its functioning and to offer them adequate means for the
    ventilation and redress of their grievances.

   The redressal of citizen’s grievances is basic to the functioning of
    democratic governments, and will strengthen the hands of the
    government in administering the laws of the land without fear and
    favour, affection or ill will and enable it to go up in public faith and
    confidence without which progress would not be possible.

   The existing institutions of judicial review and Parliamentary control
    are inadequate in view of the ever expanding range of
    governmental functions most of which are discretionary.

   There prevails a public feeling against prevalence of corruption,
    widespread inefficiency and administration’s unresponsiveness to
    popular needs.”
Evolution

   Early ’60s, rampant corruption in the govt. sets the mood for
    establishing an Ombudsman to look into citizen grievances

   Administrative Reforms Commission, 1966 recommendations

   Office of Lokayukta was set up on the pattern of the Ombudsman in
    the Scandinavian countries

   Lokpal Act remains stalled but several states passed Lokayukta Acts
    over the years : Maharashtra (1972), Bihar (1974), Uttar Pradesh
    (1977), Madhya Pradesh (1981), Andhra Pradesh (1983), Himachal
    Pradesh (1983), Karnataka (1984), Assam (1986), Gujarat (1988),
    Delhi (1995), Punjab (1996), Kerala (1998), Chhattisgarh (2002),
    Uttaranchal (2002) and West Bengal (2003) and Haryana (2004)

   Lokayukta is not uniform across all states
Terms and conditions of office
   Term : 3-5 years

   Generally a retired Supreme Court or High Court judge is appointed
    in consultation with the state governor, ruling and opposition
    leaders of the state legislative assembly

   A Lokayukta does not hold a separate office for profit and is not
    connected with any political party. Also debarred from being a
    member of Parliament or State Legislature.

   Lokayukta’s office has been provided equivalence with the status of
    a Judge of the High Court.

   Governors are authorised to remove the Lokayuktas but only for
    misbehaviour or incapacity. Procedures for removal are not uniform.
Jurisdiction
   No uniformity in terms of covering authorities

   Permission required to investigate cases
    concerning officials above a certain rank

   Included under its ambit – matters of pension,
    gratuity, PF, any claims related to retirement,
    removal or termination of service
   Excluded from jurisdiction :
o   Matters concerning State security; actions taken
    in respect of appointments, pay and other
    matters of employment
o   Complaints which have or had any remedy
    before any Tribunal or Court of Law
o   Any action in which a public inquiry as ordered
    under Public Servants (Inquiries) Act, 1950
o   Complaint made beyond the period of limitation
    (generally 3-5 years) stipulated by the Acts
o   Any matter concerning any person if he has any
    bias in respect of such matter or person
Lokayukta(s) in action…
   Madhya Pradesh, Karnataka – Have separate investigating
    agencies headed by the DGP (states without these have
    to hire private investigators to carry investigations)

   Karnataka, Kerala, Gujarat – Search warrant can be
    issued in cases where the summoned person would not
    produce the article relevant to any inquiry

   Delhi – Chief Minister, Ministers and MLAs are under its
    ambit but civil servants/bureaucrats, judiciary, police and
    the Delhi Development Authority are excluded

   Kerala – Lokayukta has local panchayats under its ambit
    of investigation
Lokayukta
Organisation
                                Hon’ble Lokayukta



                 Personal Secretary                       PRO



Administrative Wing                   Police Wing                   Technical Wing



     Registrar                Addl. Director General                Chief Engineer



                 Deputy Registrar                   Inspector General          Superintending Engg.



                                  Asst. Registrar
Lokayukta – A mere PR tool?
   Garner says that he is “an Officer of Parliament, having as his
    primary function the duty of acting as an agent for
    Parliament, for the purpose of safeguarding citizens against
    (Garner,1981:92)

   Can conduct raids but cannot legally punish anyone!

   Recommendations are not binding on the state government.

   No strict time limit for conducting investigations and enforcing
    punishment.

   Has to seek permission to conduct investigation involving officers
    above a certain rank

   Lokpal Bill stalled several times since its introduction in 1968 in
    Parliament. Lack of political will?
The major advantage of a Lokayukta is
that he or she examines complaints from
outside the offending state institution,
thus avoiding the conflicts of interest
inherent in self-policing.

However, this system lies heavily on the
selection of an appropriate individual for the
office, and on the cooperation of at least some
effective official from within the apparatus of the
state.
Major success stories
   Former Karnataka Lokayukta,
    Justice Santosh Hegde has
    brought several officers and
    ministers including forcing the
    then CM, B S Yediyurrappa to
    resign over his involvement in
    illegal mining.
   Report on illegal mining
    indicted Karnataka ministers as
    well including Reddy brothers.
   A role model for other
    Lokayuktas, he has offered to
    re-draft the Bihar Lokayukta
    Act
   Delhi Lokayukta and chairman
    of All India Lokayukta
    committee, Justice
    Manmohan Sarin has been
    championing the cause of
    strengthening the office of
    Lokayukta

   Recently indicted CM Sheila
    Dikshit for "misrepresenting"
    facts while announcing that
    60,000 low-cost flats were
    ready under the 'Rajiv Rattan
    Awas' scheme, in the run-up to
    the 2008 Assembly polls.
Controversies
                   Gujarat : Gov.
                    Kamla
                    Beniwal
                    appoints
                    Lokayukta
                    using
                    discretionary
                    powers. Modi
                    and Co. react
                    vehemently
   Karnataka :
    Case of
    Conflict of
    Interest for
    present
    Lokayukta,
    Justice
    Shivaraj V.
    Patil
Latest developments…
   Calls for adopting the uniform "Model Lokayukta
    Bill" as formulated by the Implementation
    Committee constituted by the All India
    Lokayukta Conference, 2004

   The Jan Lokpal Bill drafted by India Against
    Corruption Campaign supporters says
    Lokayuktas should be appointed by the Centre
References
   Lokayukta (Ombudsman in India) : A Socio-Legal Study,
    Shukla K.S, Singh S.S 1988
   http://www.thehindu.com/news/national/article607947.ece
   http://lokayukta.delhigovt.nic.in/hope-common-man.asp
   http://www.nios.ac.in/srsec317newE/317EL36.pdf

   http://findarticles.com/p/articles/mi_7078/is_2_13/ai_n42059
   http://findarticles.com/p/news-articles/times-of-india-the/mi_

Contenu connexe

Tendances

Judicial review
Judicial reviewJudicial review
Judicial reviewbhanu7161
 
Delegated legislation in india
Delegated legislation in indiaDelegated legislation in india
Delegated legislation in indiaMissKhatoon
 
National commission for SCs and National commission for STs
National commission for SCs and National commission for STsNational commission for SCs and National commission for STs
National commission for SCs and National commission for STsRupali Bansal
 
Prevention of corruption act 1988 & Lokpal act 2013
Prevention of corruption act 1988 & Lokpal act 2013Prevention of corruption act 1988 & Lokpal act 2013
Prevention of corruption act 1988 & Lokpal act 2013Poushali Nandi
 
Administrative relation between centre and state art l lb c
Administrative relation between centre and state art l lb cAdministrative relation between centre and state art l lb c
Administrative relation between centre and state art l lb cjyoti dharm
 
Bail In India 2019 PPT - LAW India Bail
Bail In India 2019 PPT  - LAW India BailBail In India 2019 PPT  - LAW India Bail
Bail In India 2019 PPT - LAW India BailRahul John
 
Prison reform in india
Prison reform in indiaPrison reform in india
Prison reform in indiagagan deep
 
''Independence of Indian judiciary and supreme court of India''
''Independence of Indian judiciary and supreme court of India'' ''Independence of Indian judiciary and supreme court of India''
''Independence of Indian judiciary and supreme court of India'' AMANSONI105
 
Supreme court of India
Supreme court of IndiaSupreme court of India
Supreme court of IndiaJomy Mathew
 
The Council of Ministers
The Council of Ministers The Council of Ministers
The Council of Ministers Justin George
 
THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...
THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...
THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...Shivani Sharma
 
Police deviance restraint and third degree methods
Police deviance  restraint and third degree methodsPolice deviance  restraint and third degree methods
Police deviance restraint and third degree methodsNeepa Jani Vyas
 
Amendment of indian constitution.
Amendment of indian constitution.Amendment of indian constitution.
Amendment of indian constitution.PratyushMahajan1
 
forms & extent of electoral deviance in india
forms & extent of electoral  deviance in  indiaforms & extent of electoral  deviance in  india
forms & extent of electoral deviance in indiaChaitanya Limbachiya
 

Tendances (20)

Judicial review
Judicial reviewJudicial review
Judicial review
 
Judicial activism
Judicial activismJudicial activism
Judicial activism
 
Ombudsman in india
Ombudsman in indiaOmbudsman in india
Ombudsman in india
 
Administrative Tribunals
Administrative TribunalsAdministrative Tribunals
Administrative Tribunals
 
Arrest
ArrestArrest
Arrest
 
Delegated legislation in india
Delegated legislation in indiaDelegated legislation in india
Delegated legislation in india
 
FIR- First Information Report
FIR- First Information ReportFIR- First Information Report
FIR- First Information Report
 
National commission for SCs and National commission for STs
National commission for SCs and National commission for STsNational commission for SCs and National commission for STs
National commission for SCs and National commission for STs
 
Prevention of corruption act 1988 & Lokpal act 2013
Prevention of corruption act 1988 & Lokpal act 2013Prevention of corruption act 1988 & Lokpal act 2013
Prevention of corruption act 1988 & Lokpal act 2013
 
Administrative relation between centre and state art l lb c
Administrative relation between centre and state art l lb cAdministrative relation between centre and state art l lb c
Administrative relation between centre and state art l lb c
 
Bail In India 2019 PPT - LAW India Bail
Bail In India 2019 PPT  - LAW India BailBail In India 2019 PPT  - LAW India Bail
Bail In India 2019 PPT - LAW India Bail
 
Prison reform in india
Prison reform in indiaPrison reform in india
Prison reform in india
 
''Independence of Indian judiciary and supreme court of India''
''Independence of Indian judiciary and supreme court of India'' ''Independence of Indian judiciary and supreme court of India''
''Independence of Indian judiciary and supreme court of India''
 
Supreme court of India
Supreme court of IndiaSupreme court of India
Supreme court of India
 
The Council of Ministers
The Council of Ministers The Council of Ministers
The Council of Ministers
 
THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...
THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...
THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...
 
CRPC PPT
CRPC PPTCRPC PPT
CRPC PPT
 
Police deviance restraint and third degree methods
Police deviance  restraint and third degree methodsPolice deviance  restraint and third degree methods
Police deviance restraint and third degree methods
 
Amendment of indian constitution.
Amendment of indian constitution.Amendment of indian constitution.
Amendment of indian constitution.
 
forms & extent of electoral deviance in india
forms & extent of electoral  deviance in  indiaforms & extent of electoral  deviance in  india
forms & extent of electoral deviance in india
 

En vedette (20)

About the lokpal [s
About the lokpal [sAbout the lokpal [s
About the lokpal [s
 
Ombudsman
OmbudsmanOmbudsman
Ombudsman
 
Lokpal: A critical analysis
Lokpal: A critical analysisLokpal: A critical analysis
Lokpal: A critical analysis
 
Lokpal bill
Lokpal billLokpal bill
Lokpal bill
 
Lokpal bill
Lokpal billLokpal bill
Lokpal bill
 
Lokpal bill and Its features
Lokpal bill and Its featuresLokpal bill and Its features
Lokpal bill and Its features
 
Ombudsman
OmbudsmanOmbudsman
Ombudsman
 
Administrative law
Administrative lawAdministrative law
Administrative law
 
Comparison between lokapal 2013 & Delhi lokayukta act
Comparison between lokapal 2013 & Delhi lokayukta actComparison between lokapal 2013 & Delhi lokayukta act
Comparison between lokapal 2013 & Delhi lokayukta act
 
Citizen and administration
Citizen  and administrationCitizen  and administration
Citizen and administration
 
08206429
0820642908206429
08206429
 
Affidavit
AffidavitAffidavit
Affidavit
 
SS regional diplomacy
SS regional diplomacySS regional diplomacy
SS regional diplomacy
 
Asean myanmar-mass atrocitiesistanbul2013
Asean myanmar-mass atrocitiesistanbul2013Asean myanmar-mass atrocitiesistanbul2013
Asean myanmar-mass atrocitiesistanbul2013
 
Affidavit sample
Affidavit sampleAffidavit sample
Affidavit sample
 
What is ombudsman
What is ombudsmanWhat is ombudsman
What is ombudsman
 
Asean indonesia
Asean  indonesiaAsean  indonesia
Asean indonesia
 
Evolution of Ombudsman Institutions
Evolution of Ombudsman InstitutionsEvolution of Ombudsman Institutions
Evolution of Ombudsman Institutions
 
Konsep, Perkataan & Rujukan STPM (Bahasa Melayu)
Konsep, Perkataan & Rujukan STPM (Bahasa Melayu)Konsep, Perkataan & Rujukan STPM (Bahasa Melayu)
Konsep, Perkataan & Rujukan STPM (Bahasa Melayu)
 
La Marque ISD/Ombudsman Center for Success
La Marque ISD/Ombudsman Center for SuccessLa Marque ISD/Ombudsman Center for Success
La Marque ISD/Ombudsman Center for Success
 

Similaire à Lokayukta

Jan lokpal bill vs politics mani mishra
Jan lokpal bill vs politics  mani mishraJan lokpal bill vs politics  mani mishra
Jan lokpal bill vs politics mani mishraMani Mishra
 
WHAT IS LOKPAL BILL
WHAT IS LOKPAL BILLWHAT IS LOKPAL BILL
WHAT IS LOKPAL BILLgandhi_jimi
 
ရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္း
ရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္းရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္း
ရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္းဆရာ ဟိန္းတင့္ေဇာ္
 
Oraganizational structure of the government at the centre
Oraganizational structure of the government at the centreOraganizational structure of the government at the centre
Oraganizational structure of the government at the centreDeepthi Shrikant
 
The jan lokpal bill 18th april english final
The jan lokpal bill   18th april english finalThe jan lokpal bill   18th april english final
The jan lokpal bill 18th april english finalShailendra Yadav
 
sachinkumar_rathod034.RERA (1)
sachinkumar_rathod034.RERA (1)sachinkumar_rathod034.RERA (1)
sachinkumar_rathod034.RERA (1)Sachinkumar Rathod
 
Lecture_6_Administrative_Law.ppt
Lecture_6_Administrative_Law.pptLecture_6_Administrative_Law.ppt
Lecture_6_Administrative_Law.pptUsmanKaran
 
The right to information act
The right to information actThe right to information act
The right to information actNikita Mistry
 
India Legal 14 May 2018
India Legal 14 May 2018India Legal 14 May 2018
India Legal 14 May 2018ENC
 
Organs of the government of bangladesh
Organs of the government of bangladeshOrgans of the government of bangladesh
Organs of the government of bangladeshJubayer Alam Shoikat
 
Lokpal and Lokayukta Lokpal and Lokayukt
Lokpal and Lokayukta Lokpal and LokayuktLokpal and Lokayukta Lokpal and Lokayukt
Lokpal and Lokayukta Lokpal and LokayuktNandiniRastogi4
 
LEGAL SERVICES AUTHORITIES ACT,1987 eco cia 3.pptx
LEGAL SERVICES AUTHORITIES ACT,1987 eco cia 3.pptxLEGAL SERVICES AUTHORITIES ACT,1987 eco cia 3.pptx
LEGAL SERVICES AUTHORITIES ACT,1987 eco cia 3.pptxaishwarythakur2
 
Internal organisations of a state government
Internal organisations of a state governmentInternal organisations of a state government
Internal organisations of a state governmentSyedNakibul
 
Janlokpal bill :way to route out corruption
Janlokpal bill :way to route out corruptionJanlokpal bill :way to route out corruption
Janlokpal bill :way to route out corruptionBhumika Chandrawat
 

Similaire à Lokayukta (20)

On special courts, india
On special courts, indiaOn special courts, india
On special courts, india
 
Jan lokpal bill vs politics mani mishra
Jan lokpal bill vs politics  mani mishraJan lokpal bill vs politics  mani mishra
Jan lokpal bill vs politics mani mishra
 
WHAT IS LOKPAL BILL
WHAT IS LOKPAL BILLWHAT IS LOKPAL BILL
WHAT IS LOKPAL BILL
 
ရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္း
ရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္းရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္း
ရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္း
 
Oraganizational structure of the government at the centre
Oraganizational structure of the government at the centreOraganizational structure of the government at the centre
Oraganizational structure of the government at the centre
 
The jan lokpal bill 18th april english final
The jan lokpal bill   18th april english finalThe jan lokpal bill   18th april english final
The jan lokpal bill 18th april english final
 
Module 5 Profiling the PAS.pptx
Module 5 Profiling the PAS.pptxModule 5 Profiling the PAS.pptx
Module 5 Profiling the PAS.pptx
 
sachinkumar_rathod034.RERA (1)
sachinkumar_rathod034.RERA (1)sachinkumar_rathod034.RERA (1)
sachinkumar_rathod034.RERA (1)
 
Lecture_6_Administrative_Law.ppt
Lecture_6_Administrative_Law.pptLecture_6_Administrative_Law.ppt
Lecture_6_Administrative_Law.ppt
 
The right to information act
The right to information actThe right to information act
The right to information act
 
lokpal and lokayukta
lokpal and lokayuktalokpal and lokayukta
lokpal and lokayukta
 
India Legal 14 May 2018
India Legal 14 May 2018India Legal 14 May 2018
India Legal 14 May 2018
 
Organs of the government of bangladesh
Organs of the government of bangladeshOrgans of the government of bangladesh
Organs of the government of bangladesh
 
Lokpal and Lokayukta Lokpal and Lokayukt
Lokpal and Lokayukta Lokpal and LokayuktLokpal and Lokayukta Lokpal and Lokayukt
Lokpal and Lokayukta Lokpal and Lokayukt
 
210411 the jan_lokpal_bill
210411 the jan_lokpal_bill210411 the jan_lokpal_bill
210411 the jan_lokpal_bill
 
Victorious93Secret
Victorious93SecretVictorious93Secret
Victorious93Secret
 
lokayukta.pptx
lokayukta.pptxlokayukta.pptx
lokayukta.pptx
 
LEGAL SERVICES AUTHORITIES ACT,1987 eco cia 3.pptx
LEGAL SERVICES AUTHORITIES ACT,1987 eco cia 3.pptxLEGAL SERVICES AUTHORITIES ACT,1987 eco cia 3.pptx
LEGAL SERVICES AUTHORITIES ACT,1987 eco cia 3.pptx
 
Internal organisations of a state government
Internal organisations of a state governmentInternal organisations of a state government
Internal organisations of a state government
 
Janlokpal bill :way to route out corruption
Janlokpal bill :way to route out corruptionJanlokpal bill :way to route out corruption
Janlokpal bill :way to route out corruption
 

Dernier

One India vs United India by Dream Tamilnadu
One India vs United India by Dream TamilnaduOne India vs United India by Dream Tamilnadu
One India vs United India by Dream TamilnaduDreamTamilnadu
 
Por estos dos motivos, defensa de JOH solicita repetir juicio
Por estos dos motivos, defensa de JOH solicita repetir juicioPor estos dos motivos, defensa de JOH solicita repetir juicio
Por estos dos motivos, defensa de JOH solicita repetir juicioAlexisTorres963861
 
Ministry of Justice Extradition Eswatini 3.pdf
Ministry of Justice Extradition Eswatini 3.pdfMinistry of Justice Extradition Eswatini 3.pdf
Ministry of Justice Extradition Eswatini 3.pdfSABC News
 
19032024_First India Newspaper Jaipur.pdf
19032024_First India Newspaper Jaipur.pdf19032024_First India Newspaper Jaipur.pdf
19032024_First India Newspaper Jaipur.pdfFIRST INDIA
 
Anantkumar Hegde
Anantkumar Hegde  Anantkumar Hegde
Anantkumar Hegde NewsFeed1
 
Européennes 2024 : projection du Parlement européen à trois mois du scrutin
Européennes 2024 : projection du Parlement européen à trois mois du scrutinEuropéennes 2024 : projection du Parlement européen à trois mois du scrutin
Européennes 2024 : projection du Parlement européen à trois mois du scrutinIpsos France
 
Another Day, Another Default Judgment Against Gabe Whitley
Another Day, Another Default Judgment Against Gabe WhitleyAnother Day, Another Default Judgment Against Gabe Whitley
Another Day, Another Default Judgment Against Gabe WhitleyAbdul-Hakim Shabazz
 
Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...
Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...
Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...virgfern3011
 
Light Rail in Canberra: Too much, too little, too late: Is the price worth th...
Light Rail in Canberra: Too much, too little, too late: Is the price worth th...Light Rail in Canberra: Too much, too little, too late: Is the price worth th...
Light Rail in Canberra: Too much, too little, too late: Is the price worth th...University of Canberra
 

Dernier (9)

One India vs United India by Dream Tamilnadu
One India vs United India by Dream TamilnaduOne India vs United India by Dream Tamilnadu
One India vs United India by Dream Tamilnadu
 
Por estos dos motivos, defensa de JOH solicita repetir juicio
Por estos dos motivos, defensa de JOH solicita repetir juicioPor estos dos motivos, defensa de JOH solicita repetir juicio
Por estos dos motivos, defensa de JOH solicita repetir juicio
 
Ministry of Justice Extradition Eswatini 3.pdf
Ministry of Justice Extradition Eswatini 3.pdfMinistry of Justice Extradition Eswatini 3.pdf
Ministry of Justice Extradition Eswatini 3.pdf
 
19032024_First India Newspaper Jaipur.pdf
19032024_First India Newspaper Jaipur.pdf19032024_First India Newspaper Jaipur.pdf
19032024_First India Newspaper Jaipur.pdf
 
Anantkumar Hegde
Anantkumar Hegde  Anantkumar Hegde
Anantkumar Hegde
 
Européennes 2024 : projection du Parlement européen à trois mois du scrutin
Européennes 2024 : projection du Parlement européen à trois mois du scrutinEuropéennes 2024 : projection du Parlement européen à trois mois du scrutin
Européennes 2024 : projection du Parlement européen à trois mois du scrutin
 
Another Day, Another Default Judgment Against Gabe Whitley
Another Day, Another Default Judgment Against Gabe WhitleyAnother Day, Another Default Judgment Against Gabe Whitley
Another Day, Another Default Judgment Against Gabe Whitley
 
Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...
Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...
Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...
 
Light Rail in Canberra: Too much, too little, too late: Is the price worth th...
Light Rail in Canberra: Too much, too little, too late: Is the price worth th...Light Rail in Canberra: Too much, too little, too late: Is the price worth th...
Light Rail in Canberra: Too much, too little, too late: Is the price worth th...
 

Lokayukta

  • 1. Lokayukta A Presentation By Vincy Davis, Journo (III) Roll No.128
  • 2. Some clarifications…  Lokpal – literally meaning ‘protector of people’. Ombudsman at the Union level  Lokayukta – Ombudsman at the State level  Upa-lokayukta – Deputy Lokayukta  Lokayukta vs. Vigilance officer – Former looks into citizen grievances against public officials from outside ‘the system’ and the latter does the same from within ‘the system’
  • 3. Existing grievance redressal machinery  Judicial remedy  Administrative tribunals like Income Tax Appellate Tribunal, Labour Tribunal  Parliamentary procedure  Department of Administrative Reforms and Public Grievances. Consumer Fora  Extra bureaucratic channels like panchayats
  • 4. Need for Lokayukta Interim Report of the Administrative Reforms, 1962 gave the following reasons:  “A Democratic government is a “government of the people, by the people and for the people”, it has an obligation to satisfy the citizen about its functioning and to offer them adequate means for the ventilation and redress of their grievances.  The redressal of citizen’s grievances is basic to the functioning of democratic governments, and will strengthen the hands of the government in administering the laws of the land without fear and favour, affection or ill will and enable it to go up in public faith and confidence without which progress would not be possible.  The existing institutions of judicial review and Parliamentary control are inadequate in view of the ever expanding range of governmental functions most of which are discretionary.  There prevails a public feeling against prevalence of corruption, widespread inefficiency and administration’s unresponsiveness to popular needs.”
  • 5. Evolution  Early ’60s, rampant corruption in the govt. sets the mood for establishing an Ombudsman to look into citizen grievances  Administrative Reforms Commission, 1966 recommendations  Office of Lokayukta was set up on the pattern of the Ombudsman in the Scandinavian countries  Lokpal Act remains stalled but several states passed Lokayukta Acts over the years : Maharashtra (1972), Bihar (1974), Uttar Pradesh (1977), Madhya Pradesh (1981), Andhra Pradesh (1983), Himachal Pradesh (1983), Karnataka (1984), Assam (1986), Gujarat (1988), Delhi (1995), Punjab (1996), Kerala (1998), Chhattisgarh (2002), Uttaranchal (2002) and West Bengal (2003) and Haryana (2004)  Lokayukta is not uniform across all states
  • 6. Terms and conditions of office  Term : 3-5 years  Generally a retired Supreme Court or High Court judge is appointed in consultation with the state governor, ruling and opposition leaders of the state legislative assembly  A Lokayukta does not hold a separate office for profit and is not connected with any political party. Also debarred from being a member of Parliament or State Legislature.  Lokayukta’s office has been provided equivalence with the status of a Judge of the High Court.  Governors are authorised to remove the Lokayuktas but only for misbehaviour or incapacity. Procedures for removal are not uniform.
  • 7. Jurisdiction  No uniformity in terms of covering authorities  Permission required to investigate cases concerning officials above a certain rank  Included under its ambit – matters of pension, gratuity, PF, any claims related to retirement, removal or termination of service
  • 8. Excluded from jurisdiction : o Matters concerning State security; actions taken in respect of appointments, pay and other matters of employment o Complaints which have or had any remedy before any Tribunal or Court of Law o Any action in which a public inquiry as ordered under Public Servants (Inquiries) Act, 1950 o Complaint made beyond the period of limitation (generally 3-5 years) stipulated by the Acts o Any matter concerning any person if he has any bias in respect of such matter or person
  • 9. Lokayukta(s) in action…  Madhya Pradesh, Karnataka – Have separate investigating agencies headed by the DGP (states without these have to hire private investigators to carry investigations)  Karnataka, Kerala, Gujarat – Search warrant can be issued in cases where the summoned person would not produce the article relevant to any inquiry  Delhi – Chief Minister, Ministers and MLAs are under its ambit but civil servants/bureaucrats, judiciary, police and the Delhi Development Authority are excluded  Kerala – Lokayukta has local panchayats under its ambit of investigation
  • 11. Organisation Hon’ble Lokayukta Personal Secretary PRO Administrative Wing Police Wing Technical Wing Registrar Addl. Director General Chief Engineer Deputy Registrar Inspector General Superintending Engg. Asst. Registrar
  • 12. Lokayukta – A mere PR tool?  Garner says that he is “an Officer of Parliament, having as his primary function the duty of acting as an agent for Parliament, for the purpose of safeguarding citizens against (Garner,1981:92)  Can conduct raids but cannot legally punish anyone!  Recommendations are not binding on the state government.  No strict time limit for conducting investigations and enforcing punishment.  Has to seek permission to conduct investigation involving officers above a certain rank  Lokpal Bill stalled several times since its introduction in 1968 in Parliament. Lack of political will?
  • 13. The major advantage of a Lokayukta is that he or she examines complaints from outside the offending state institution, thus avoiding the conflicts of interest inherent in self-policing. However, this system lies heavily on the selection of an appropriate individual for the office, and on the cooperation of at least some effective official from within the apparatus of the state.
  • 14. Major success stories  Former Karnataka Lokayukta, Justice Santosh Hegde has brought several officers and ministers including forcing the then CM, B S Yediyurrappa to resign over his involvement in illegal mining.  Report on illegal mining indicted Karnataka ministers as well including Reddy brothers.  A role model for other Lokayuktas, he has offered to re-draft the Bihar Lokayukta Act
  • 15. Delhi Lokayukta and chairman of All India Lokayukta committee, Justice Manmohan Sarin has been championing the cause of strengthening the office of Lokayukta  Recently indicted CM Sheila Dikshit for "misrepresenting" facts while announcing that 60,000 low-cost flats were ready under the 'Rajiv Rattan Awas' scheme, in the run-up to the 2008 Assembly polls.
  • 16. Controversies  Gujarat : Gov. Kamla Beniwal appoints Lokayukta using discretionary powers. Modi and Co. react vehemently
  • 17. Karnataka : Case of Conflict of Interest for present Lokayukta, Justice Shivaraj V. Patil
  • 18. Latest developments…  Calls for adopting the uniform "Model Lokayukta Bill" as formulated by the Implementation Committee constituted by the All India Lokayukta Conference, 2004  The Jan Lokpal Bill drafted by India Against Corruption Campaign supporters says Lokayuktas should be appointed by the Centre
  • 19. References  Lokayukta (Ombudsman in India) : A Socio-Legal Study, Shukla K.S, Singh S.S 1988  http://www.thehindu.com/news/national/article607947.ece  http://lokayukta.delhigovt.nic.in/hope-common-man.asp  http://www.nios.ac.in/srsec317newE/317EL36.pdf  http://findarticles.com/p/articles/mi_7078/is_2_13/ai_n42059  http://findarticles.com/p/news-articles/times-of-india-the/mi_