Mumbai (Maharashtra): Maharashtra was the first state to introduce the institution of Lokayukta after the Administrative Reforms Commission (ARC) headed by Morarji Desai submitted a special interim report in 1966, recommending the setting up of 'Lokayukta'. In Maharashtra, the body was established through the Lokayukta and Upa-Lokayuktas Act in 1971.
However, the appointment of new Lokayukta in the state has been stalled due to the coronavirus pandemic. It was also expected that the Lokayukta Act would be amended in the forthcoming session of the Legislature to improve the system.
What is the concept of Lokayukta?
'Ombudsman' (Lokayukta) is a Scandinavian concept. The ombudsman's office has existed in Sweden since 1809 and in Finland since 1919. Denmark introduced the system in 1955, while Norway and New Zealand adopted the concept of Lokayukta in 1962. The United Kingdom appointed a Parliamentary Commissioner for Administration in 1967. Many countries around the world have adopted the concept of Ombudsman.
The Lokayukta Drafting Committee was appointed as per the assurance given by former Chief Minister Devendra Fadnavis while ending the fast of senior social activist Anna Hazare. The committee, headed by the chief secretary, included Anna Hazare himself and the members he suggested.
The committee had been asked to submit a report. The committee included Anna Hazare, Vishwambhar Chaudhary, former Parliamentary Officer Umesh Chandra Sarangi, Hazare's associates in the movement Adv. Shyamsunder Asava, Madhav Godbole, Additional Chief Secretary (Home), Chief Secretary (Law and Justice), Additional Secretary Administration Santosh Hegde and Johnny Joseph.
Anna Hazare's committee studied the current Lokayukta Act in the state and the new Lokpal Act made by the Central government and drafted the new Lokayukta Bill.
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All the members of the committee agreed to include some provisions in the existing Lokayukta Act as well as some other issues. The Chief Secretary agreed on some points. However, there will be another meeting held to discuss the remaining issues. It will finalise the draft bill. After that, the bill would be tabled in the monsoon session, committee member Vishwambhar Chaudhary told ETV Bharat.
The report of the Lokayukta Committee has been submitted to the state government. Therefore, an amendment bill in this regard will come up for approval in the next session of the legislature. The Lokayukta in the state will also work transparently and effectively based on the strong provisions in the Lokpal Act. These organizations will be functioning in the true sense of the word only after the general public is made aware of the Lokpal and Lokayukta as per the Right to Information Act. RTI activists and committee member Vishwambhar Chaudhary said he hoped the public would benefit from it in the end.
The Lokpal Act was required at the Centre. An impartial and independent system was an essential part of the Lokpal Act. The Lokpal is empowered to investigate and take action. However, the ombudsman has no judicial power and no power to punish. The Lokpal is a board of nine members. The Chief Ombudsman will be the retired judge of the Supreme Court. The other members include 50 per cent judicial and 50 per cent members from SC, the ST, the OBCs, minorities and women. The principle of reservation has also been observed in their appointment. In the Centre's Lokpal Act, the Prime Minister comes under the purview of the Lokpal. Similarly, the Chief Minister of the state should also come under the purview of the Lokayukta, said former RTI Commissioner Shailesh Gandhi while speaking to ETV Bharat.
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Awareness among the people is needed for the efficient implementation of Lokpal and Lokayukta. It will also be important to see which issues are decided by the state Lokayuktas working on public money. Although Maharashtra was the first state to enact a Lokayukta Act, Santosh Hegde did a remarkable job of Lokayukta in the state of Karnataka.
"Unfortunately, the present Lokayukta is a retired High Court judge, but despite the government's recommendation, he has not done much on any issue," Gandhi said.
The present Maharashtra Lokayukta system
Justice Tahaliyani was appointed as a High Court Judge on March 18, 2011. During this period he handled various sensitive criminal cases. Subsequently, he was appointed as the Lokayukta of Maharashtra on August 24, 2015.
- The Lokayukta is a body which has the power to investigate and recommend redressal of grievances in case of any misconduct against an individual due to administrative malpractice. There is a statutory mechanism with the power to do so.
- There is a statutory body which has the power to investigate and recommend appropriate complaints against public servants, including allegations of abuse of office and corruption.
- The 1971 Act defines the functions, powers and jurisdiction of Lokayuktas and Deputy Lokayuktas.
- The Lokayukta is completely free from the influence and interference of the government. It works as a watchdog. It is a common experience that when dealing with the administration, citizens are always exposed to unreasonable delays, discrimination, corruption, etc. and they have to go from one officer to another for redressal of their grievances. The Lokayukta takes action against the perpetrators and helps the citizens to get justice.
- Complaints are investigated confidentially by the Lokayukta. No court has the right to ask the public commissioner or any public servant for information collected as evidence. After the investigation and hearing on the complaints filed by the complainants, the points in the complaint are true and Lokayukta or Deputy Lokayukta are convinced, he informs the competent authority to comply with his findings and recommendations within the prescribed time. If the recommendations made by them are not acted upon within the prescribed time, the Lokayukta may submit special reports to the Governor.
- The Lokayukta and the Deputy Lokayukta submit an annual joint report of their work to the Governor. It is placed before both houses of the state legislature.
- The Lokayukta has succeeded to some extent in bringing about a change in the faulty system and making it easier. This organization is always striving for improvement in this way.
