INTRODUCTION

The Lokayukta (also Lok Ayukta) is an anti-corruption ombudsman organization in the Indian
states1. Once appointed, Lokayukta can not be dismissed nor transferred by the government, and
can only be removed by passing an impeachment motion by the state assembly.2 Naresh Kadyan
moved public interest litigation before High Court and then contempt of court order petition for
not appointing Lokayukta in Haryana. The Administrative Reforms Commission (ARC) headed
by Morarji Desai submitted a special interim report on "Problems of Redressal of Citizen's
Grievances" in 1966. In this report, the ARC recommended the setting up of two special
authorities designated as 'Lokpal' and 'Lokayukta' for the redressal of citizens' grievances.

The Lokayukta, along with the Income Tax Department and the Anti Corruption Bureau, mainly
helps people publicise corruption among the Politicians and Government Officials3.Many acts of
the LokAyukta have resulted in criminal or other consequences for those charged.4

Maharashtra was the first state to introduce the institution of Lokayukta through The Lokayukta
and Upa-Lokayuktas Act in 19715. This was followed by similar acts that were enacted by the
states of Odisha, Rajasthan, Bihar, Uttar Pradesh, Karnataka, Madhya Pradesh, Andhra
Pradesh, Gujarat, Kerala, Tamil Nadu and the union territory of Delhi.

The Maharashtra Lokayukta is considered the weakest Lokayukta due to lack of powers, staff,
funds and an independent investigating agency.6 On the other hand, the Karnataka Lokayukta is
considered the most powerful Lokayukta in the country.7

There are no Lokayuktas in Jammu & Kashmir, Manpur, Meghalaya, Nagaland, Puducherry,
Sikkim, Telangana and Tripura . Lokayukta was established in Tamil Nadu On 9 July 2018,
the Arunachal Pradesh assembly passed a Lokayukta bill.[citation needed]. On 28 February 2019,
the Mizoram assembly passed a Lokayukta Bill.

1
. "Karnataka Lokayukta" National Informatics Center.
2
"Karnataka: Speaker accepts impeachment motion against Lokayukta". The Indian Express. 24 November
2015.
3
"A watchdog without teeth". Indian Express.
4
"Fed up with corruption, Karnataka Lokayukta Santosh Hegde resigns". Daily News and Analysis.
5
Preeti Dilip Pohekar. A Study of Ombudsman System in India. Gyan Publishing House.
6
"Let's look at Lokayukta for a change!". Mid-Day. 2011-12-26.
7
Aji, Sowmya (11 February 2012). "Toothless Watch Dogs". India Today. India Today. India Today.

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Concept of Lokayukts

As mentioned in the draft bill appended to the interim reports of the commission, the Lokpal is to
be appointed by the President, on the advice of the Prime Minister in consultation with the Chief
Justice of India and the leader of opposition in Lok Sabha.

The Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of
a two-tier machinery of a Lokpal at the Centre, and Lokayukts in the states.

Its main motive is to provide speedy, cheaper form of justice to people.

Lokpal is to be a three member body with a chairperson who is or has been a chief justice or
judge of the Supreme Court; and its two other members who are or have been judges or chief
justices of high courts around the country.

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Role in combating Corruption and Mal – administration

Lokayukta investigates cases of corruption, where substantiated, recommend action. It is a great

check on corruption, brings about transparency in the system, makes administrative machinery
citizen friendly. His functions largely depend upon jurisdiction vested in him and facilities
provided for taking cognizance of citizens’ grievances promptly, dexterously and expeditiously
through simple, informal mechanism devoid of technicalities.

Corruption is internationally recognized a major problem, capable of endangering stability and

security of society, threatening social, economic and political development and undermining the
values of democracy and morality. It has assumed alarming proportions resultantly public funds
going into private hands leading to enrichment of bribe givers and bribe takers. Ultimate result
is, as said by former Prime Minister Rajiv Gandhi, only 15 paisa; out of rupee reach the lowest
level of population. Corruption, inefficiency, delays and insensitivity to people’s grievances can
be identified key problems besetting the nation. Citizens bitterly feel the distance that separates
them from the decision makers. This distance, makes them feel abandoned or even rejected and
they eventually lose interest in public matters and become marginalized. Corruption does not
mean only taking bribe. It is used in a much larger sense, "Conduct", which is morally unsound
and debased. It includes conduct which is blame-worthy or improper (See Dr. S. Dutt Vs State of
UP AIR 196). Corruption and mal-administration are like twin sisters each acts in complement to
the other. Corruption has ruined Empires. After completion of his book, "The Decline of Rome
Empire" Edward Gibbon, the Great Historian, Writer and Philosopher was asked to reply in one
word the reason for the decline Roman Empire, he remarked "Corruption." Corruption in a
civilized society, is described "disease like cancer.& rdquo, which if not detected in time is sure
to malignise the polity of a country leading to disastrous consequences." Pylee points out:

"Corruption at the bureaucratic level operated like a subterranean monster, aiding, abetting and
colluding with the political bosses. Service to the public has long given way to careerism with a
work culture of 19th century aristocracy dealing with the citizens as ‘subjects.’ Burke cautioned,
“Among people, generally corrupt, liberty cannot last long".

Supreme Court also said that corruption in a civilized society is a disease like cancer and if not
detected in time, will malignise the polity of the country leading to disastrous consequence. It is
like plague, it is contagious and if not controlled, spreads like a fire in a jungle. Its virus is

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compared with HIV leading to AIDS, being incurable (See State of MP & Others Vs Ram Singh
(2000) 5 SCC 88, and State of Andhra Pradesh Vs V. Vasudeva Rao 2003 (9) Scale 569).
Corruption in public life is a gross violation of human rights. It is anti-people, anti-development,
and anti-national. Rampant corruption is major national malady. It is the single big factor
retarding the progress of our country, responsible for millions to live below poverty line despite
astronomical amount being spent on development. It is garbage which is required to be removed
otherwise it would hamper development of the country and bring bad name to the nation.

Supreme Court observed in Lucknow Development Authority Vs M.K. Gupta8:

"...Harassment of a common man by public authorities is socially abhorring and legally

impermissible. It may harm him personally but the injury to society is far more grievious. Crime
and corruption thrive and prosper in the society due to lack of public resistance. Nothing is more
damaging than the feeling of helplessness. An ordinary citizen instead of complaining and
fighting succumbs to the pressure of undesirable functioning in offices instead of standing
against it...."

An honest man is the noblest wok of God – Pope. When men are pure, laws are useless; when
men are corrupt, laws are broken – Benjamin Disraeli. Citizens realize that corruption is
dominant factor keeping India a poor country, therefore, delaying march towards prosperity. A
citizen faces corruption practically at every level and every sector of life. Corruption is anti-
national, anti-poor, anti-economic development and anti-life. Rampant corruption is a major
national malady. The Central Government as well as the State Governments are anxious to
eradicate it because there is realization that it is a great hurdle on the path of progress because
out of the huge plan outlays, very little goes to the people whose up liftment is essential for
ushering the egalitarian society. This apart, it stalls the pace of development in other sectors too.
It is, therefore, considered necessary to eradicate corruption with an iron hand otherwise march
towards progress and prosperity would be delayed considerably. Why can’t it be eradicated when
the number of persons indulging in corruption is hardly two percent of the total population of the
country.

8
AIR 1994 SC 787.

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In its widest connotation corruption includes improper and selfish exercise of power and
influence attached to a public office due to the special position one occupies in public life.
Developing countries like India, face this problem, as a result, it assumes status of mega
industry, where some people thrive at the cost of public exchequer resultantly imparting the
developmental activities of the State. The United Nations Convention against corruption (2003)
signed/ratified by the member countries to deal firmly with corruption. Secretary General
stressed that corruption violates the socio-economic human rights of the people especially in the
developing countries because funds meant for roads, wells, hospital, schools and other basic
necessities are siphoned off and deposited in safe havens abroad.

Inaugurating two day National Seminar on "Access to Justice", organized by the Supreme
Court Advocates-on-Record Association, in association with the United Nations Development
Programme, His Excellency The President of India, Dr. A.P.J. Abdul Kalam said that with the
rising all-round awareness and a demand for clean and corruption-free public life, the burning
issue of probity in public life was increasingly coming into focus. Conduct and behavior in
public life are, like never before, under very close scrutiny. It was essential that the three pillars
of democracy-Legislature, Judiciary and Executive-are strong in structure, pure in form and un-
corrupted and un-blemished in conduct. The President made it clear that, "If we cannot make
India corruption free, then the vision of making the nation developed by 2020 would remain a
dream".

Consequently, understanding the menace of corruption and urgent necessity to deal with it in the
context of existing scenario, public outcry, warning by transparency International, other NGOs
and media, Government is attempting to eradicate it by taking steps for sometime past. The first
Administrative Reforms Commission, headed by Late Shri Morarji Desai studied the causes for
the steep deterioration in all areas of administration, Central and States and recommended
remedial measures. In its report (1966) suggested, among other things, appointment of Lokpal at
the Centre and Lokayukta at the State. Second Administrative Reforms Commission, headed by
Shri Veerappa Moily, deliberated extensively for elimination of corruption in the administration
and the strengthening of the Lokpal and the Lokayukta in two day National Colloquium on
"Ethics in Governance: Moving from Rhetoric to Results" September ½, 2006 at the National
Judicial Academy, Bhopal. Mahatma Gandhi, father of the Nation, had understood the
gathering crisis of corruption and prophesied that the public would lead in the forefront in
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exposing corrupt practices and taking to task those who were involved in them. He wrote in
Young India in 1928:

"Corruption will be out one day, however, much one may try to conceal it; and the public can, as
its right and duty, in every case of justifiable suspicion, call its servants to strict account, dismiss
them, sue them, in a law court or appoint an arbitrator or inspector to scrutinize their conduct, as
it likes. "He also said "On this earth, there is enough for everyone’s need but not for their
greed. Allah Curses The Giver Of Bribes And The Receiver Of Bribes And The Person Who
Paves The Way For Both

You Shall Not Take Bribe Blinds the Eyes Of The Wise And

Subverts The Cause Of The Righteous"

Institution of Lokpal has not as yet been created at the Centre, although efforts have been made
since 1959. Meanwhile, Lokayuktas/Lokpal have been established by many states through state
legislations. They provide for inquiry/investigation into complaints of corruption against public
servants. He protects Citizens’ Right against mal-administration, corruption, delay, inefficiency,
non-transparency, abuse of position, improper conduct etc. The procedure to be followed is
informal and inexpensive; technicalities do not come in way. Complaint is supported by
affidavit, making out case for inquiry. He is representative of Legislature, powerful friend of
citizens to act against officials action, inaction or corruption. But not anti-administration, rather
helps in humanizing relations between the public and the administration, a step forward in
establishing an ‘Open Government’ securing respect for the rule of law, an educator aiming at
propagating the prevention of corruption, inefficiency and mal-administration in governance. He
is, therefore, a check on corruption.

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Service Conditions and Appointment of Lokpal:

As mentioned in the draft bill appended to the interim reports of the commission, the lok pal is to
be appointed by the President, on the advice of the Prime Minister in consultation with the Chief
Justice of India and the leader of opposition in Lok Sabha. The person who is to be appointed as
a Lokpal must have served his connection, if any with any political party, his membership in
parliament or the legislature of the state or any office of profit. He can hold office for five years
with eligibility for re-appointment. He shall not be removed except by the procedure of the
impeachment, as in the case of Supreme Court judges. His status and salary shall be the same as
that of the CJI.

Jurisdiction of Lokayukt:

The Lokayukt is empowered to investigate into administrative action taken by or with approval
of a minister or secretary of union or state government either on receiving a written complaint by
an aggrieved person or suo motu, relating to mal-administration, undue favour or corruption. But
the Lokpal is not to undertake any investigation in respect of which the aggrieved person has any
remedy before a court of law or statutory tribunal.

Power &Functions of the Lokayukta:-

(1) Investigating into the citizen “grievances” of injustice and hardship caused by mal-
administration.

(2) In the process of investigation, the Lok Ayukta deals with the issue of search warrant. For the
said purpose, they have all the powers of a civil court which trying a suit under CPC, 1908 in respect
of summoning and enforcing the attendance of any person and examining him on oath, production of
any document, received evidence of affidavits, getting any public record or copy from any court
office etc.

(3) Inquiry into allegation of abuse of office, corruption or lack of integrity against public
servant. Such additional function in relation to the redress of grievances and eradication of
corruption as may be specified by the Governor, by notification.

(3) In the process of investigation, the Lok Ayukta deals with the issue of search warrant. For the
said purpose, they have all the powers of a civil court which trying a suit under CPC, 1908 in respect

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of summoning and enforcing the attendance of any person and examining him on oath, production of
any document, received evidence of affidavits, getting any public record or copy from any court
office etc.

Such additional power & functions may include:-

(a) Supervision over an investigation of anti corruption agencies, authorities, and offers.

(b) Investigation in any action not mentioned in the act “notwithstanding” anything contained
therein, if required by the governor by an order.

The Lokayukta and Uplokayukta shall present annually a consolidated report on the performance
of their functions under the act to the governor. In Prof. S.N. Hegde vs the Lokayukta9, Bangalore
and others, an important question arose about the jurisdiction of the Lokayukta, under the
Bangalore Lokayukta Act. In this case, the high court has held that if the Lokayukta has to
entertain and investigate a complaint against a public servant other than C.M. a minister or a
secretary or a member of the state legislature he has no such power unless it is conferred on him
by a notification by the state government. The Lokayukta has no jurisdiction to investigate a
complaint against the vice-chancellor under the provisio0ns of the act. Such a jurisdiction is
clearly barred in view of section 14 of the Universities Act, so that Lokayukta has no jurisdiction
under the notification to investigate the complaints against them.

Key Features of Lokpal and Lokayukta Act, 2013 are as Follows:

The Lokpal consists of a Chairperson and a maximum of eight members of which 50% shall be
judicial members. The Lokpal Chairperson or member shall not be connected with any political
party and one member will be an eminent jurist nominated by the President. The selection of
Chairperson and members of Lokpal shall be through a Selection committee consisting of:

Prime Minister, Speaker of Lok Sabha, Leader of Opposition in the Lok Sabha, Chief Justice of
India or sitting Supreme Court judge nominated by CJI, Eminent jurist to be nominated by the
President of India on the basis of recommendations of the four members of the Selection
Committee.

9
ILR 2004 KAR 3892, 2004 (3) KarLJ 505.

Page 8 of 11
 All ministers including Prime Minister with some safeguards and senior public servants are
covered by the ombudsman, excluding the public servants under Army, Navy and Coastal guard.
 All entities receiving donations from foreign source in the context of the Foreign Contribution
Regulation Act (FCRA) in excess of 10 lakh rupees per year are brought under the jurisdiction of
Lokpal.
 Lokpal will have power of superintendence and direction over any investigation agency
including CBI for cases referred to them by Lokpal.
 Directorate of Prosecution headed by a Director of Prosecution under the overall control of
Director.
 The appointment of the Director of Prosecution, CBI will be made on the recommendation of the
Central Vigilance Commission.
 Transfer of officers of CBI investigating cases referred by Lokpal with the approval of Lokpal.
 The Bill lays down clear time lines for Preliminary enquiry & investigation and trial and towards
this end, the Bill provides for setting up of Special Courts.

Key Differences Between Lokayukta and Lokpal

The point given below clarifies the difference between Lokayukta and Lokpal:

1. Lokpal refers to a statutory organization, formed by the government to address

complaints lodged by the citizens regarding corrupted public servants, ministers and
government secretaries, working at the central level, to investigate the case and conduct
trials. On the other hand, Lokayukta is a similar body like Lokpal formed by the state
government to deal with corruption, by enquiring the public servant against the
allegations and conducting trials of the cases.

2. All the state government employees, members of legislative assembly, other ministers
and secretaries to the government are covered under the purview of Lokayukta. In
contrast, in the jurisdiction of Lokpal, all the public servants are covered. Along with that
the Members of Parliament, ministers and other politicians, secretaries to the government
also comes in its scope.

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3. A Lokayukta works at state-level, the appointment of Chairperson is done by the
Governor. As against, the President appoints the Chairperson in case of Lokpal.

4. Lokpal is a multimember government body, with a Chairman and several other members.
However, the total number of members shall not exceed eight members. Conversely, a
Lokayukta is a three-member body, including a Lokayukta, State Vigilance
Commissioner and a jurist.

Page 10 of 11
Conclusion

The main objective of these two institutions is to combat corruption. It is not just to punish those
who perform public services for private gain, but also to expose them publicly. These bodies deal
with the complaints against the administrative acts of the public servants, ministers and
secretaries to the government.

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