Lokayukta in Rajasthan

Lokayukta in Rajasthan

• Establishment Date: The post of Lokayukta in Rajasthan was established on 3rd February 1973 based on the recommendation of the Harishchandra Mathur Commission and the First Administrative Reforms Commission.
• Legislation: The Lokayukta and Uplokayukta Act, 1973 came into force to institutionalize the Lokayukta.
• Historical Context:
  • The first Lokayukta Act in India was passed in Orissa (1970), but the Lokayukta system was first established in Maharashtra (1971).
  • The first Lokayukta of Rajasthan was I.D. Dua.

Important Lokayuktas and Tenures:

• First Up-Lokayukta: K.P.U. Menon (Former Chief Secretary)
• Shortest Tenure: Vinod Shankar Dave (26 days)
• Longest Tenure: Sajjan Singh Kothari
• Current Lokayukta: Justice P.K. Lohra (from March 2021)

Appointment Process:

• Appointment Authority: Lokayukta is appointed by the Governor on the recommendation of the Chief Minister after consultation with the Leader of the Opposition and the Chief Justice of the Rajasthan High Court.
• Qualification: A person eligible to be a Lokayukta must be a Judge of the Supreme Court or equivalent to the Chief Justice of a State High Court.
• Tenure: Lokayukta serves a term of 5 years or until the age of 65, whichever is earlier. This was amended briefly to 8 years in 2018 but reverted to 5 years in 2019.

Roles and Powers of Lokayukta:

• Jurisdiction: The Lokayukta can investigate complaints against:
  1. Ministers
  2. Public servants, secretaries, heads of departments
  3. Chairpersons of Panchayat Samitis, Municipalities, and State corporations
  4. District Heads, Deputy District Heads, and mayors
• Investigative Powers:

• Can initiate investigations suo motu or based on complaints.
• Has the power to summon officials, demand records, and inquire into matters of corruption.

• Exclusions from Jurisdiction: Lokayukta cannot investigate complaints against:

1. Chief Minister
2. Judges and judicial members of the High Court
3. RPSC Chairman and Members
4. Chief Election Commissioner
5. MLAs
6. Sarpanch and Panch

Resignation and Removal:

• Resignation: Lokayukta submits resignation to the Governor.
• Removal: Lokayukta can be removed prematurely by the Governor for reasons such as misconduct or inability to perform duties, following an inquiry by the Supreme Court.

Other Functions:

• Reports to Governor: Lokayukta submits an annual report to the Governor, detailing investigations and recommendations for action.
• Investigating Complaints: Lokayukta investigates complaints of corruption and maladministration in government departments, ensuring public officials are held accountable.
• Public Complaint Guidelines:
  • Complaints can only be made against public servants of Rajasthan.
  • The complaint must be specific, with an affidavit submitted on a Rs. 10 Non-Judicial Stamp Paper.
  • Cases older than 5 years are generally not accepted, except for ongoing issues.
• Punishment for Malicious Complaints: Lokayukta can impose penalties on individuals who lodge complaints with malicious intent.

Lokayukta Structure:

• Lokayukta and Upa-Lokayukta: Rajasthan has provisions for both a Lokayukta and Upa-Lokayukta. If the Lokayukta’s position is vacant, the Upa-Lokayukta steps in.

Notable Lokayuktas of Rajasthan:

1. Justice I.D. Dua (First Lokayukta)
2. Justice D.P. Gupta
3. Justice M.L. Joshi
4. Justice K.S. Sidhu
5. Justice M.L. Shrimal
6. Justice Milap Chand Jain
7. Justice G.L. Gupta
8. Justice P.K. Lohra (Current)

Important Committees and Recommendations:

• Narpatmal Lodha Committee (2014): Formed to strengthen the Lokayukta’s powers in Rajasthan, ensuring greater autonomy and effectiveness in curbing corruption.

Questions Asked in Previous Years

1. The institution of Lokayukta is: (a) Statutory and advisory body
   (b) Statutory and judicial body
   (c) Non-constitutional and advisory body
   (d) Non-constitutional and judicial body
2. Under which act was the Lokayukta Sansthan formed in Rajasthan? (a) Rajasthan Lokayukta and Up-Lokayukta Act, 1970
   (b) Rajasthan Lokayukta and Up-Lokayukta Act, 1973
   (c) Rajasthan Lokayukta and Up-Lokayukta Act, 1976
   (d) Rajasthan Lokayukta and Up-Lokayukta Act, 1980
3. Who was the first Lokayukta of Rajasthan? (a) V.S. Dave
   (b) D.P. Gupta
   (c) M.L. Joshi
   (d) I.D. Dua
4. Who first recommended the appointment of Lokayukta at the state level? (a) Santhanam Committee
   (b) Second Administrative Reforms Commission
   (c) Administrative Reforms Commission of India (1966-70)
   (d) Rajasthan Administrative Reforms Committee
5. The tenure of Lokayukta in Rajasthan is: (a) 5 years or 65 years of age, whichever is earlier
   (b) 5 years or 66 years of age, whichever is earlier
   (c) 5 years or 60 years of age, whichever is earlier
   (d) 5 years or 62 years of age, whichever is earlier
6. Against which of the following officers can the Lokayukta of Rajasthan not investigate? (a) Minister
   (b) District head of the Zilla Parishad
   (c) Person employed in any corporation controlled and owned by the State Government
   (d) Chief Minister

Important Facts:

• The Lokayukta is only advisory in nature and cannot act independently to prosecute individuals.
• Complaints older than 5 years cannot be acted upon.
• The Lokpal and Lokayukta Act, 2013, passed by the Central Government, mandates the appointment of Lokayuktas at the state level, but Rajasthan already had the Lokayukta system in place before this law.

By establishing the Lokayukta, Rajasthan strengthened its anti-corruption framework, providing a mechanism to address complaints against public officials, thereby improving accountability and transparency within the state’s administration.