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Renuka Sasanamari. / International Journal of Arts and Science Research. 4(2), 2017, 135 - 139. Research Article ISSN: 2393 – 9532 International Journal of Arts and Science Research Journal home page: www.ijasrjournal.com LOKAYUKTA SYSTEM IN INDIA: ACRITIQUE Renuka Sasanamari* 1 1*Government Law College, Holenarsipura, Hassan, Karnataka, India. ABSTRACT The system of Lokayukta was introduced in India through a bill in1968. This institution is an anti corruption buero who’s main purpose is curb corruption among the politicians and government officials. The role of Lokayukta, the authority appointed under the Lokayukta and Upa Lokayukta Act, 1971 is very wide. The authority has got the power to investigate the matter before it but, no power to punish. Reports of the Lokayukta only recommendatory. The author here has concluded the article with the recommendation that to have corrupt free nation, transparency in administration certain measures have to adopted. KEYWORDS Lokayukta, Corruption, Democracy, Transparency, Human Rights, INTRODUCTION The Lokayukta is an anti-corruption organization Author for Correspondence: where public official is appointed to investigate citizen’s complaints against government. Agencies in India. Lokayukta cannot be dismissed nor Renuka Sasanamari, transferred by the government once appointed; he can be removed only by passing impeachment Government Law College, motion by the state assembly. Such institutions were Holenarsipura, Hassan, Karnataka, India. first conceptualized by the Administrative Reforms Commission headed by Morarji Desai in its report published in 1966. It recommended the creation of Email: [email protected] two independent authorities - the Lokpal at the centre and the Lokayuktas in the states. The first Lokpal Bill was introduced in Parliament in 1968 but Available online: www.uptodateresearchpublication.com July - December 135 Renuka Sasanamari. / International Journal of Arts and Science Research. 4(2), 2017, 135 - 139. it lapsed with the dissolution of Lok Sabha. Later proportions resultantly public funds going into Bills also met a similar fate. Though the Lokpal private hands leading to enrichment of bribe givers could not be created as a national institution, the and bribe takers. Corruption does not mean only interest generated led to the enactment of various taking bribe. Corruption and mal-administration are state legislations. Maharashtra became the first state like twin sisters each acts in complement to the to create a Lokayukta in 1972. Presently more than other. 50% of the states have Lokayuktas, though their Supreme Court also said that corruption in a powers, and consequently their functioning varies civilized society is a disease like cancer and if not significantly across states. Along with the Income detected in time, will malignise the polity of the Tax Department and the Anti-Corruption Bureau, country leading to disastrous consequence. It is like Lokayukta helps people to realize corruption among plague, it is contagious and if not controlled, spreads the Politicians and Government Officials. like a fire in a jungle. Its virus is compared with HIV Maharashtra was the first state to introduce The leading to AIDS, being Corruption in public life is a Lokayukta and Upa-Lokayuktas Act in 1971 . This gross violation of human rights. It is anti-people, was followed by similar acts being enacted by states anti-development, and anti-national. Rampant of Orissa, Rajasthan, Bihar, Uttarpradesh, Karnataka, corruption is major national malady. It is the single Madhyapradesh, Andhrapradesh, Gujarat, Kerala and big factor retarding the progress of our country, Delhi. Maharashtra Lokayukta is considered as weak responsible for millions to live below poverty line due to lack of, staff, funds and no independent despite astronomical amount being spent on investigating agency. Karnataka Lokayukta is development. It is garbage which is required to be considered as the most powerful Lokayukta in the removed otherwise it would hamper development of country. There are no Lokayuktas in Jammu the country and bring bad name to the nation. Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Indians face corruption in almost every sector of life. Sikkim, Tamilnadu, Tripura. The latest Lokayukta Corruption is anti-national, anti-poor, anti-economic was established in Goa. development and anti-life. Rampant corruption is a Role of Lokayukta major national malady. The Central Government as Corruption is pervasive in the system of governance well as the State Governments are anxious to in India, undermining the effectiveness of all eradicate it because there is realization that it is a institutions of governance. It is the fundamental great hurdle on the path of progress because out of problem that undermines the very social fabric and the huge plan outlays, very little goes to the people the political and bureaucratic structure of Indian whose upliftment is essential for ushering the society. Corruption is a major crisis which has egalitarian society. This apart, it stalls the pace of serious implications on protection of the rights of development in other sectors too. It is necessary to individuals as well as development of nation. The eradicate corruption strongly otherwise development high level of corruption in India has been widely would be delayed considerably in India. It includes understood as a major impediment in improving the improper and selfish exercise of power and influence quality of governance. Corruption and mal- attached to a public office due to the special position administration are the two maladies that affect the one occupies in public life. India, face this problem; efficiency of administration. Corruption is the result as a result, it assumes status of mega industry, where of maladministration and sometimes it precedes some people thrive at the cost of public exchequer maladministration. resultantly imparting the developmental activities of Corruption is internationally recognized a major the State. The United Nations Convention against problem, capable of endangering stability and corruption (2003) signed/ratified by the member security of society, threatening social, economic and countries to deal firmly with corruption. Secretary political development and undermining the values of General stressed that corruption violates the socio- democracy and morality. It has assumed alarming economic human rights of the people especially in Available online: www.uptodateresearchpublication.com July - December 136 Renuka Sasanamari. / International Journal of Arts and Science Research. 4(2), 2017, 135 - 139. the developing countries because funds meant for by the state government following the resignation of roads, wells, hospital, schools and other basic the Lokayukta, Justice Santosh Hedge. He demanded necessities are siphoned off and deposited in safe additional powers for strengthening the role of havens abroad. In 2011, India ranked 95th in the Lokayukta in India- especially the power to Corruption Perceptions Index of Transparency investigate suo-motu. Following the amendment, the International. Some of the survey shows that Lokayukta has been given the suo motu powers to corruption in India had threatened to derail growth. investigate all public servants except the CM, According to a report by Washington-based Global Ministers, Legislators and those nominated by the Financial Integrity, India lost $462 billion post- government. Independence in illicit financial flows due to tax Following are the main provisions of the Karnataka evasion, crime and corruption. Lokayukta Act: The institution of Lokayukta is an adequate remedy • The public servants who are covered by the to prevent corruption and maladministration. While Act include the CM, Ministers, Legislators considering the grievances of individuals against and all officers of the state government administration, Lokayukta gets an opportunity to including the heads of bodies and look into the process of administration and its merits corporations established by any law of the and flaws. This conveys a message to the state legislature. administration that an independent authority capable • The body is constituted for a term of five of giving certain directions against them is years and consists of one Lokayukta and one constantly watching their activities. In this way, it or more Upalokayuktas. All members must tries to bring purity in administration and remedy, have been judges, with either the Supreme the grievances of individuals and make the Court or some High Court. administration accountable. However, it is not a • Members are appointed on the advice of the panacea for curing all the evils of corruption and CM in consultation with the Chief Justice of maladministration. But we cannot misjudge the role the Karnataka High Court, the Chairman of of Lokayukta in preventing corruption and the Karnataka Legislative Council, the maladministration and its assistance in vindicating Speaker of the Karnataka Legislative the grievances of common man. It maintains Assembly, and the Leader of Opposition in transparency in administration and keeps the both Houses. administration within their limits, and thereby • Investigations involving the CM, Ministers, facilitates the socio economic development of the Legislators and those nominated by the country. government must be based on written Lokayukta investigates cases of corruption, where complaints; other public servants can be substantiated, recommend action. He is
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