<<–2/”>a >a href=”https://exam.pscnotes.com/Lokayukta-2/”>Lokayukta investigates cases of Corruption, where substantiated, recommend action. He 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.
Lokayukta Composition:-
A person to be elected as a Lokayukta should be one, who is or is the Chief Justice or Judge of the High Court. Or, a famous person, who has more than 25 years of expertise in topics related to anti-corruption, Public Administration, vigilance, finance, law and management. Maximum four members can be selected, of which 50 percent will be judicial members. But 50 percent of the members of Lokayukta will be from SC, ST, OBC, minority and Women.
Special Powers of the Lokayukta
- Lokayukta can provide instructions for initial investigation or inspection in any case.
- It is not possible to transfer the officer without the permission of the Lokayukta.
- The Lokayukta will receive all the powers of the Civil Court while doing the investigation.
Chairperson, selection committee for appointment of members
- The committee constituted at the Governor’s level will appoint the president and members of Lokayukt. The governor can give advice to the selection committee for reconsidering the recommendation of the committee, but there will be a compulsion to accept the recommendation after reconsideration.
- The Governor will constitute an Investigative Committee for appointment of Chairman and Members of the Lokayukta.
- The selection committee will consider the names of recommendations of the research committee and will then give its recommendation. On this basis the governor will appoint president and members.
- The President and every member from whom he takes over will be able to provide Services for five years or till the age of 70 years.
- Lokayukta will not be eligible for re-appointment as Chairman or as a member.
- For five years from the date of resignation, the President and the Member shall not be eligible to contest the Election of President, Vice President, MP, MLA, Municipal Body and Panchayat.
Lokayukta will be able to probe against :-
– Chief Minister or former Chief Minister, but it would be necessary to start a full judicial inquiry And consideration and approval to begin investigating at least four members.
– Minister or former minister in the State Government
– Member or former member of state assembly.
– Any officer of Group A and B level in Public Service.
– Any officer or its equivalent officer of Group C and Group D in public service.
– Body Board, Authority, President of Autonomous Body, Member, Employee, Officer
– Any work or conduct of any person can also be examined.
Lokpal and Lokayukta:
Some Features:
Both Lokpal and Lokayukta are characterised by the following features:
(1) They, in fact, are the institutions of Indian administrative system. Their fundamental duty is to make the public administration of India free from corruption.
(2) These two institutions are impartial. When they are called for performing any duty they will discharge it impartially and simultaneously independently.
(3) The activities of the Lokpal and Lokayukta are not under any Judicial Review. That is—the decision or judgment of the Lokpal and Lokayukta cannot be challenged in any court of law.
(4) It is observed that they should not look forward for any financial or any other benefit.
(5) These two institutions are not subject to executive or administrative interference.
(6) The Lokpal and Lokayuktas are non- political persons. In other words, political personalities cannot hold the posts.
(7) These ranks should be of highest judiciary.
(8) They investigate the charges of corruption secretly.
(9) If Lokpal and Lokayukta want to have any information from any department the latter is bound to furnish such information.
There is a process of appointment. The President will appoint the Lokpal. But before that he will take advice of the Prime Minister and the leader of the Opposition. In other words, after receiving suggestion from the leader of Opposition the PM will suggest the name to the President. This process is quite judicious. The Lokpal can resign his office by addressing a letter to the President. The Lokpal is at par with the Chief Justice of India and he will have a secretariat.
Jurisdiction:
It is the primary duty of the Lokpal to free Indian Society from corruption: And through this it will ensure justice. The government has power to order any act. But if the act of the government goes against the basic interests or rights of the individual he will move to the Lokpal for investigation and finally to take action. If the act of the government shows favouritism then the concerned persons can lodge a complaint against the authority.
Hence we find that the main area of action or jurisdiction is to free Indian society from corruption and along with it the Nepotism and favouritism. But certain matters are excluded from the jurisdiction of Lokpal. For example, if a minister of Central Government has already taken any action or has recommended an action that matter will remain outside the purview of the Lokpal. If the Central Government decides that the issue should not be referred to the judiciary, in that case the Lokpal cannot take up the matter. If the Union Government already has taken action on an issue, that cannot be investigated by the Lokpal.
There are some acts or processes which fall under terms and conditions of a contract and if the administration takes any action in accordance with the contract the Lokpal will have no jurisdiction over that matter. Finally, the Lokpal will have no jurisdiction over matters such as appointment, removal from office, disciplinary action taken against any employee or person or superannuation etc. The jurisdiction clearly indicates that the scope of the Lokpal is limited.,
Lokpal and Lokayukta are anti-corruption ombudsman institutions in India. The Lokpal is a national-level body, while the Lokayukta is a state-level body. Both institutions are responsible for investigating and prosecuting corruption cases involving public officials.
The Lokpal Bill was first introduced in Parliament in 1968, but it was not passed until 2013. The Lokayukta Bill was first introduced in Parliament in 1971, but it was not passed until 2014.
The Lokpal and Lokayukta Act, 2013, provides for the establishment of a Lokpal at the national level and Lokayuktas in the states. The Lokpal is a five-member body headed by a chairperson. The Lokayukta is a three-member body headed by a chairperson.
The Lokpal and Lokayukta Act, 2013, gives the Lokpal and Lokayuktas the power to investigate and prosecute corruption cases involving public officials. The Lokpal and Lokayuktas can also recommend disciplinary action against public officials.
The Lokpal and Lokayukta Act, 2013, has been criticized for being too weak. Critics argue that the Lokpal and Lokayuktas do not have enough powers to effectively investigate and prosecute corruption cases.
The Lokpal and Lokayukta (Amendment) Bill, 2016, was introduced in Parliament in 2016. The bill seeks to amend the Lokpal and Lokayukta Act, 2013, to strengthen the powers of the Lokpal and Lokayuktas.
The Lokpal and Lokayukta (Amendment) Bill, 2016, has been passed by the Lok Sabha, but it is still pending in the Rajya Sabha.
Corruption is a major problem in India. It is estimated that corruption costs India billions of rupees every year. Corruption can take many forms, including bribery, extortion, nepotism, and cronyism.
Bribery is the act of offering or giving Money or other benefits to a public official in order to influence their actions. Extortion is the act of demanding money or other benefits from a person or organization by threatening to harm them if they do not comply. Nepotism is the act of giving preferential treatment to relatives or friends in EMPLOYMENT or other matters. Cronyism is the act of giving preferential treatment to friends or associates in business or other matters.
Black money is money that is earned illegally and is not declared to the government. Black money is often used to fund corruption, terrorism, and other criminal activities.
Whistleblowers are people who expose wrongdoing in organizations or institutions. Whistleblowers often face retaliation from their employers or other powerful people.
The Right To Information (RTI) Act, 2005, gives citizens the right to access information from government bodies. The RTI Act has been instrumental in exposing corruption and wrongdoing in government.
Judicial accountability is the principle that judges should be held accountable for their actions. Judicial accountability is important to ensure that the judiciary is independent and impartial.
Police reforms are reforms that are aimed at improving the efficiency and effectiveness of the police. Police reforms are important to ensure that the police are able to effectively fight crime and corruption.
Administrative Reforms are reforms that are aimed at improving the efficiency and effectiveness of the government. Administrative reforms are important to ensure that the government is able to effectively deliver services to the people.
The Lokpal and Lokayukta Act, 2013, is a landmark legislation that has the potential to significantly reduce corruption in India. However, the effectiveness of the Lokpal and Lokayuktas will depend on the willingness of the government and the judiciary to take strong action against corruption.
What is a Lokpal?
A Lokpal is an independent anti-corruption ombudsman in India. The Lokpal and Lokayuktas Act, 2013, provides for the establishment of a Lokpal at the central level and Lokayuktas in the states to inquire into allegations of corruption against public functionaries.
What are the functions of a Lokpal?
The functions of a Lokpal include:
- To inquire into allegations of corruption against public functionaries
- To recommend prosecution of public functionaries against whom there is prima facie evidence of corruption
- To recommend appropriate punishment for public functionaries found guilty of corruption
- To review the functioning of the government and to suggest measures to prevent corruption
Who can file a complaint with the Lokpal?
Any person can file a complaint with the Lokpal. The complaint can be filed in person, by post, or through the website of the Lokpal.
What is the procedure for filing a complaint with the Lokpal?
The procedure for filing a complaint with the Lokpal is as follows:
- The complainant must fill up a complaint form and submit it to the Lokpal.
- The complaint form must be accompanied by documentary evidence in support of the allegations.
- The Lokpal will then register the complaint and investigate it.
- If the Lokpal finds that there is prima facie evidence of corruption, it will recommend prosecution of the public functionary concerned.
- If the Lokpal finds that the public functionary is not guilty of corruption, it will close the case.
What is the punishment for corruption?
The punishment for corruption in India is imprisonment for a term of up to seven years and a fine.
What are the challenges faced by the Lokpal?
The Lokpal has faced a number of challenges since its inception. Some of these challenges include:
- Lack of political will to fight corruption
- Lack of public awareness about the Lokpal
- Lack of Resources
- Lack of cooperation from the government
What are the measures that can be taken to strengthen the Lokpal?
Some of the measures that can be taken to strengthen the Lokpal include:
- Increasing the powers of the Lokpal
- Providing adequate resources to the Lokpal
- Increasing public awareness about the Lokpal
- Ensuring cooperation from the government
Sure, here are some MCQs on the following topics:
- The Lokpal and Lokayuktas Act, 2013 was enacted to provide for the establishment of a Lokpal for the Union and Lokayuktas for the States to inquire into corruption cases against public functionaries.
- The Lokpal is a body of persons, who are appointed by the President of India, to inquire into allegations of corruption against public functionaries.
- The Lokayukta is a body of persons, who are appointed by the Governor of a State, to inquire into allegations of corruption against public functionaries.
- The Lokpal and Lokayuktas Act, 2013 provides for the following:
- The establishment of a Lokpal for the Union and Lokayuktas for the States;
- The appointment of the Chairperson and Members of the Lokpal and Lokayuktas;
- The powers and functions of the Lokpal and Lokayuktas;
- The procedure for inquiry into allegations of corruption;
- The penalties for corruption; and
- The safeguards against abuse of power.
- The Lokpal and Lokayuktas Act, 2013 is a landmark legislation, which will help to fight corruption in India.
Here are some MCQs on the topic of corruption:
- Corruption is defined as the abuse of power for private gain.
- Corruption can take many forms, such as bribery, extortion, nepotism, and cronyism.
- Corruption can have a negative impact on the economy, society, and the Environment.
- There are a number of ways to fight corruption, such as strengthening the Rule of Law, improving Transparency and Accountability, and promoting ethical behavior.
- Corruption is a global problem, and it requires a global solution.
Here are some MCQs on the topic of the rule of law:
- The rule of law is the principle that no one is above the law, including the government.
- The rule of law is essential for a just and fair society.
- The rule of law is based on the following principles:
- Equality before the law;
- Independent Judiciary;
- Supremacy of the law;
- Due Process of Law; and
- Legal certainty.
- The rule of law can be strengthened through a number of measures, such as:
- Enacting and enforcing laws that are clear, concise, and accessible;
- Establishing independent and impartial courts;
- Promoting public awareness of the law; and
- Providing effective legal aid.
- The rule of law is a fundamental principle of democracy, and it is essential for the protection of Human Rights.