THE FUNCTIONING OF THE LOKAYUKTA IN THE NATIONAL CAPITAL TERRITORY OF DELHI, 2000-2009 THESIS SUBMITTED FOR THE AWARD OF THE DEGREE OF doctor of Pbilo!gopbp IN PUBLIC ADMINISTRATION BY KHAN KEHKASHAN LATIF UNDER THE SUPERVISION OF DR. S. WASEEM AHMAD - - -' DEPARTMENT OF POLITICAL SCIENCE ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 2013 'L: 1 6 ; C';' 2014 Dedicated Slyly (Beloved Parents DEPARTMENT OF POLITICAL SCIENCE ALIGARH MUSLIM UNIVERSITY, ALIGARH Tel: 0571-2721179 (R) Dr. S. Waseem AFimad 0571-2701720 (0) M.A..I.1,B.M.PhiI..Ph.D. Mob: 09412385583 (Sr. Associate Professor) Fax : 0571-2700528 r ma(: Dr.s%vahmad 1954', o.com Dated :.......................... Certificate l his is to certil\ that Ms. Khan Kehkashan Latif has completed her thesis entitled "The Functioning of the Lokayukta in the National Capital Territory of Delhi, 2000-2009" under my supervision and is. in my opinion. suitable for submission and for the award of the degree of doctor of Philosophy in Public Administration ofAligarh Muslim University, Aligarh. (Dr. S. Waseem Ahmad) Supervisor CONTENT Page No. Acknowledgement i-ii Preface u i-vili Chapter -1 Origin and Evolution of the Ombudsman 1-35 Chapter -2 Lokpal and Lokayukta in India 36-99 Chapter -3 Lokayukta in National Capital Territory of Delhi 100-125 Chapter -4 Functioning of Lokayukta in National Capital Territory of Delhi 126-159 Chapter -5 Conclusion 160-181 Bibliography 182-190 Appendices ACKNOWLEDGEMENT First of all I wish to thank the almighty 'ALLAH who bestowed upon me the ,e and patience to embark upon this work and carry it to its completion. I express my utmost gratitude to my supervisor Dr. S Waseem Ahmad. under pervision the entire work was planned and carried out. I am grateful for his ice, encouragement, critical comments, suggestions and continuous interest in )rk, which helped me to learn a lot of theoretical perspective, methodological nsions and analytical acumen of the theme of the research. His perseverance and firing attitude are worthy to be acknowledging in emphatic words of praise. I ;ider myself lucky to have worked under his supervision. My respects, admiration I thankfulness for him are unbounded. I would like to express my sincere thanks to the Chairman of the Department f Political Science Professor Arif Hameed for providing me all necessary facilities to make this work possible. I take this opportunity to express my sincere gratitude to all teachers of my department for their support and for developing healthy academic environment in the department. Moreover. I wish to acknowledge and give thanks to the staff of Maulana Azad Library. Aligarh Muslim University, Aligarh; Seminar Library, Department of Political Science, Aligarh Muslim University, Aligarh; Jawaharlal Nehru University Library, New Delhi: Delhi University Library, New Delhi; Indian Institute of Public Administration Library, New Delhi; Indian Council of Social Science and Research Library, New Delhi, for helping me in getting the necessary material for my research work. It is my fortune to gratefully acknowledge the support of some specific individuals. Words fail me to express my appreciation to my friends Dr. Afifa Aisha Rehmat. Shumaila Naseer. Shaizy Ahmad, Dr. Salina, Dr. Cihazala Anjum, Arifa l'arvecn, Sharia Annum, Naazneen, Zenab, Nargis Saleem, Jhanara, Gauhar, Ghazala Parveen, Fauzia Khursheed, Nahid Akhtar, Farhat Bashir 'and Andalib. I would like to express my deep gratitude to my senior Dr. Ghazala for her support. I express my thanks to my sister Anjum Ara, sister in law Fauzia. Shecba, Shahjabeen they have given me unequivocal support throughout. I would like to make special mention of my brothers Ahab Ahmad. Mobin Ahmad, Azhar Ahmad and my brother in law Dr. Qumrul Hasan their love and prayers have always backed me to move forward. With the profound sense of gratitude and love, I must express the kind and generous support that I have been receiving from my beloved parents whose blessings have remained a constant source of enlightenment in all academic endeavours. I dedicated the present work to them. I am very much thankful to Mr. H. K. Sharma, who deserves commendation for his cooperation and efficient typing of this manuscript. (Khan Kchkashan Latif) nfl PREFACE The great writer, philosopher and historian. Edward Gibbon, when after completion of his book, "The Decline of Roman Empire" was confronted to reply in one word, the reason for the decline of Roman Empire, he remarked corruption. The corruption destroys political, social and economic structure of the country it also destroys democratic values and ideals. It is a barrier in the path of smooth development of every country. Corruption has always existed in the society in one form or the other. In every time administration was well aware of the corrupt practices and citizen's grievances and therefore it provided special systems to deal with grievances. The main reason behind all these efforts was that if the grievances of the people are not redressed in time then it might threaten the existence of the society. In past, Government was mainly concerned with the maintenance of law and order. Today due to the adoption of welfare State, role of Government has increased. The major problem before the modern administrative system is how to deal with the problem of corruption and provide citizens an institution which functions within the democratic frame work and enjoys confidence of the citizens. to which they can have an easy access for the speedy redressal of their grievances. It is also equally important to ensure that the review of administrative action is quick, thorough, cheap and impartial. It is chiefly to meet these needs that many countries in the past few years adopted the institution of Ombudsman. According to the International Ombudsman Institute, there are one hundred forty countries which are having Ombudsman at the national and subnational level. The Ombudsman had its origin in Sweden. In 1713 King Charles XII of the Sweden appointed the Hogste Ombudsman. iv But for all practical purposes the origin of Ombudsman office is traced to the 1809 constitution of the Sweden. The Ombudsman is considered as one of the accountability mechanisms to ensure responsibility and responsiveness of administration towards its citizens. The role of Ombudsman is to redress individual complaints and recommend reforms in administrative practices, procedures and policies in the interest of providing high-quality administration and for better service to the citizens. According to the Transparency International Corruption Perception Index 2012. India is ranked at ninety four in the list of one hundred seventy six countries ranging From least corrupt to most corrupt countries. Rapid growth of corruption both in the public services and political offices is a matter of serious concern for India. The list of scams and scandal in the country are endless. Corruption is a consequence of the nexus between bureaucracts, politicians, business man and criminals. After independence the need for anti-corruption machinery was strongly realized in India. Efforts had been made to look for a high level machinery to investigate into allegation of corruption against those who are occupying high places in Government such as Ministers, Member of Parliament, Member of State Legislature and Government Servants. The question came up for discussion, time and again, in different political assemblies and debates without any solid result. In the year 1966 Administrative Reform Commission headed by Shri Morarji Desai recommended the establishment of two Ombudsmen types of institutions viz. Lokpal and Lokavukta. The Lokpal was likely to deal with the complaints against the Ministers and the Secretaries of Government posted at the Centre and States. Lokayukta was to be appointed in each State and one for the Centre to look into the V complaints against public officials other than Ministers and Secretaries to the Government. For establishing the institution of Lokpal at the Centre, Lokpal Bills were introduced in the Lok Sabha in the year 1968, 1971, 1977, 1985, 1989, 1996, 1998, 2001. 2011. but due to one or the other reasons these Bills could not be passed. In the meanwhile, however several States went ahead with the idea of establishing the institution of Lokayukta. Orissa was the first State which had passed the Lokayukta Act in 1970 and Maharashtra was the first State which had established Lokayukta office in 1971. So far institution of the Lokayukta have been adopted in States such as Orissa, Maharashtra. Bihar, Rajasthan. Uttar Pradesh, Madhya Pradesh, Andhra Pradesh. Himachal Pradesh, Karnataka. Assam, Gujarat, Punjab, Delhi. Kerala, Chattisgarh, Haryana, Jharkhand. In the Indian context the Ombudsman has been looked upon chiefly as the machinery which will expose corruption and made efforts to correct it by giving recommendation. The Central theme of the thesis entitled, "The Functioning of the Lokayukta in the National Capital Territory of Delhi. 2000-2009", is an attempt to find out that how far the Lokayukta office is successful in achieving its aim in National Capital Territory of Delhi, what are its weaknesses and how can it improve its functioning. The office of Lokayukta in Delhi is established with a mission to eradicate corruption, favoritism, improve efficiency and promote fairness in public administration and also to present clear image of those public functionaries who are not corrupt. The whole plan of the study is divided into five chapters, each under specific theme dealt with somewhat in detail. The first chapter describe the origin and evolution of the Ombudsman, it also provides some information about institutions which were similar to Ombudsman in other time W and civilization, it also describes characteristic features of the Ombudsman institution, objectives of the Ombudsman, factors responsible for the spread of Ombudsman idea, role of Ombudsman. Ombudsman model of least corrupt countries such as Sweden, Denmark, Finland, Norway and New Zealand are also discuss briefly.