Lokayuktas In Various States Of India
The Administrative Reforms Commission had recommended the setting up of the institution of Lokayukta. Many states have adopted this institution. Orissa was the first state to enact the Lokayukta Legislation in 1970, however, Maharashtra was the first state to establish a Lokayukta in 1971 ( Although Orissa had passed the Act in 1970, the institution was established much later).
The States that have created the institution of Lokayukta’s include Maharashtra (1971),. Rajasthan (1973), Bihar (1974), Uttar Pradesh (1975), Madhya Pradesh (1981), Andhra Pradesh (1983), Himachal Pradesh (1983), Orissa (1983), Karnataka (1985), Gujarat (1986), Punjab (1995), etc. The Lokayukta’s in all the states have been established on the general pattern as recommended by the Administrative Reforms Commission. However, the jurisdiction and the structure of the Lokayukta differs from state to state. The salient features of the Office of the Lokayukta are :
1) The Lokayukta is appointed by the Governor in consultation with the Chief Justice of the High Court and certain other high functionaries.
2) To be appointed as a Lokayukta a person should be a judge or a retired Chief Justice of the High Court. They should not hold any office of profit, nor should they be members of either House of Parliament or a State Legislature.
3) The Lokayukta shall have a fixed tenure and cannot be removed from office except through a rigid procedure.
4) The Lokayukta is not eligible for reappointment or employment under the government after the completion of his tenure.
5) The Lokayukta shall deal with the charges of corruption and grievances of citizens against maladministration.
6) A complaint may be made by any individual. The Lokayukta enjoys jurisdiction over Ministers, Civil Servants and other functionaries.
7) Some of the states have included the Chief Minister within the ambit of the Lokayukta.
8) The Lokayukta shall recommend appropriate action against an erring public functionary.
10) The Lokayukta presents an annual report to the governor of the state who places this report alones with an explanatory memorandum before the state legislature.
11) The recommendations made by the Lokayukta are only advisory and not binding on the state government.
12) He can call for relevant files and documents from the state government departments.