Kerala gives assent to Lok Ayukta Ordinance.

• With this amendment, the state government would have the power to “either accept or reject the verdict of the Lokayukta after 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 amendment has taken away this mandatory nature of the verdicts by the quasi-judicial anti-corruption body.
• Post-amendment, a Lokayukta verdict would have only recommendatory jurisdiction, not a mandatory one.

About

• The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and Lokayukta for the States.
• These institutions are statutory bodies without any constitutional status.
• They perform the function of an ""ombudsman” and inquire into allegations of corruption against certain public functionaries and for related matters.

Why do we need such institutions?

• Maladministration hinders the completion of tasks. Corruption is the root cause of this problem.
• Most of the anti-corruption agencies are hardly independent.
• Many of these agencies are advisory bodies without any effective powers and their advice is rarely followed.
• There is a problem of internal transparency and accountability.
• Moreover, there is not any separate and effective mechanism to put checks on these agencies.

Background

• 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 as 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 the 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.

Lokpal Jurisdiction and Powers

• Jurisdiction of Lokpal includes Prime Minister, Ministers, Members of Parliament, Groups A, B, C and D officers and officials of Central Government.
• Jurisdiction of the Lokpal included the Prime Minister except on allegations of corruption relating to international relations, security, the public order, atomic energy and space.
• The Lokpal does not have jurisdiction over Ministers and MPs in the matter of anything said in Parliament or a vote given there.
• Its jurisdiction also includes any person who is or has been in charge (director/ manager/ secretary) of anybody/ society set up by central act or any other body financed/ controlled by central government and any other person involved in act of abetting, bribe giving or bribe-taking.
• The Lokpal Act mandates that all public officials should furnish the assets and liabilities of themselves as well as their respective dependents.
• It has the powers to superintendence over, and to give direction to CBI.
• If Lokpal has referred a case to CBI, the investigating officer in such a case cannot be transferred without the approval of Lokpal.
• The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.
• Lokpal has powers of confiscation of assets, proceeds, receipts and benefits arising or procured by means of corruption in special circumstances.
• Lokpal has the power to recommend transfer or suspension of public servant connected with the allegation of corruption.
• Lokpal has the power to give directions to prevent the destruction of records during the preliminary inquiry.

Limitation of Lokpal and Lokayukta

• The Lokpal selection process is skewed because there are no guidelines for deciding who is an ""eminent jurist"" or ""a person of integrity.""
• There are no proper procedures for appealing Lokpal's actions.
• The Lokpal and Lokayukta Act also stipulates that no complaint against corruption can be filed until a period of seven years has passed from the date on which the alleged offence was committed.
• The appointing committee for Lokpal is made up of political party representatives who try to sway Lokpal's choices.
• The Lokpal's omission of the judiciary from its jurisdiction is one of the most serious problems.
• There is no legal basis for Lokpal's rulings, and there are no effective methods for contesting them.

Conclusion

• The institution of ombudsman must be strengthened in respect of functional autonomy and workforce availability to fight against corruption.
• The appointment of Lokpal is not the real solution to problems.
• Instead, the government should focus on eliminating the root causes because of which the general public is demanding a Lokpal.
• There should be complete transparency when nominating a Lokpal and Lokayukta as it will increase the chances for the right person to be appointed.