Dilution of Lokayukta Powers in Kerala

Context:

Recently, the Kerala government has proposed to amend the Kerala Lokayukta Act, 1999 with an ordinance, a move that has drawn criticism from the opposition.

• The proposed ordinance envisages to limit the powers of the anti-corruption watchdog.

Relevance:

GS-II: Polity and Governance (Constitutional and Non-Constitutional Bodies, Policies and Interventions on Transparency and Accountability in governance)

Dimensions of the Article:

1. What are the Proposed Changes?
2. About Lokayukta
3. About Lokpal
4. Other Important Points regarding the Lokpal
5. Exception for Prime Minister

What are the Proposed Changes?

• The Kerala cabinet has recommended to the Governor that he promulgates the ordinance.
• The proposal sought to give the government powers to “either accept or reject the verdict of the Lokayukta, after giving an opportunity of being heard”.
• By this ordinance, the quasi-judicial institution will turn into a toothless advisory body, whose orders will no longer be binding on the government.

Lokayukta

• The Lokayukta (also Lok Ayukta) (lokāyukta, “civil commissioner”) is an anti-corruption ombudsman organization in the Indian states.
• 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.
• The Lokayukta, along with the Income Tax Department and the Anti-Corruption Bureau, mainly helps people publicise corruption among the Politicians and Government Officials.
• Many acts of the Lokayukta have resulted in criminal or other consequences for those charged.
• Maharashtra was the first state to introduce the institution of Lokayukta (considered the weakest Lokayukta due to lack of powers, staff, funds and an independent investigating agency).
• On the other hand, the Karnataka Lokayukta is considered the most powerful Lokayukta in the country.
• Karnataka Lokayukta is considered the most powerful Lokayukta in the country.

About Lokpal

• The Lokpal and Lokayukta Act, 2013 establishes Lokpal for the Union and Lokayukta for States (Statutory Bodies) to inquire into allegations of corruption against certain public functionaries.
• Composition: Lokpal will consist of a chairperson and a maximum of eight members, of which 50% shall be judicial members and 50% shall be from SC/ST/OBCs, minorities and women.
• Appointment process: It is a two-stage process.
  • A search committee which recommends a panel of names to the high-power selection committee.
  • The selection committee comprises the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition, the Chief Justice of India (or his nominee) and an eminent jurist (nominated by President based on the recommendation of other members of the panel).
• President will appoint the recommended names.
• The jurisdiction of Lokpal extends to:
  • Anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as officials of the Union government under Groups A, B, C and D.
  • The chairpersons, members, officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament or wholly or partly funded by the Centre.
  • Any society or trust or body that receives foreign contribution above Rs. 10 lakhs.

Other Important Points regarding the Lokpal

• Salaries, allowances and service conditions: Salaries, allowances and other perks of the Lokpal chairperson will be the same as those for the Chief Justice of India; those for other members will be the same as those for a judge of the Supreme Court.
• Inquiry wing and prosecution wing: Inquiry Wing for conducting preliminary inquiry and Prosecution Wing for the purpose of prosecution of public servants in relation to any complaint by the Lokpal under this Act.
• Power with respect to CBI: Power of superintendence and direction over any investigation agency including CBI for cases referred to them by Lokpal. Transfer of officers of CBI investigating cases referred by Lokpal would need approval of Lokpal.
• Timelines for enquiry, investigation: Act specifies a time limit of 60 days for completion of inquiry and 6 months for completion of investigation by the CBI. This period of 6 months can be extended by the Lokpal on a written request from CBI.
• Suspension, removal of Chairperson and member of Lokpal: The Chairperson or any Member shall be removed from his office by order of the President on grounds of misbehaviour after the Supreme Court report. For that a petition has to be signed by at least one hundred Members of Parliament. Special Court shall be setup to hear and decide the cases referred by the Lokpal.

Exception for Prime Minister

• The Lokpal and Lokayukta Act, 2013 does not allow a Lokpal inquiry if the allegation against the PM relates to international relations, external and internal security, public order, atomic energy and space.
• Complaints against the PM are not to be probed unless the full Lokpal bench considers the initiation of inquiry and at least 2/3rds of the members approve it.
• Such an inquiry against the PM (if conducted) is to be held in camera and if the Lokpal comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry are not to be published or made available to anyone.

About the Lokpal missing a director of inquiry

• According to the Lokpal and Lokayuktas Act, 2013, there shall be a director of inquiry, not below the rank of Joint Secretary to the Government of India, who shall be appointed by the Central government for conducting preliminary inquiries referred to the Central Vigilance Commission (CVC) by the Lokpal.
• According to provisions contained under the Lokpal and Lokayuktas Act, 2013, complaints in respect of public servants belonging to groups A, B, C or D are referred by the Lokpal to the CVC for a preliminary inquiry.

-Source: Indian Express