Lokayukta is an important anti-corruption institution in the administrative framework, discussed under the subject Rajasthan Polity. It functions as an independent authority to investigate allegations of corruption and maladministration against public officials. The institution plays a crucial role in ensuring transparency, accountability, and good governance in the state administration.
Lokayukta: Background
Global emergence (Swedish model)
- This organization, which curbs corruption in the world, was born in Sweden.
- 1713: King Charles XII appointed a council of ministers to monitor the conduct of royal officials.
- 1809: The Swedish Constitution formally created the position of Ombudsman for Justice. Its main function was to investigate violations of the law by public servants.
- Detail: Following Sweden’s success, countries such as Finland (1919), Denmark (1954), Norway (1961) and Britain (1967) adopted it.
Conceptual development in the Indian context
- There was a long discussion in India about the need for this institution:
- Naming (1963): Eminent jurist Dr. L.M. Singhvi coined the terms ‘Lokpal’ and ‘Lokayukta’ as Indian alternatives to ‘Ombudsman’.
- Constitutional Demand: Former Chief Justice P.B. Gajendragadkar, in his book ‘Law, Liberty and Social Justice’, has stressed on giving constitutional status to this institution so that corruption can be effectively addressed.
- First Administrative Reforms Commission (1966): This commission, headed by Morarji Desai, officially recommended the establishment of ‘Lokpal’ at the Centre and ‘Lokayukta’ in the states to redress citizens’ grievances.
Initiatives in States (with special reference to Rajasthan)
- Before the Centre, many states started this by making laws at their own level:
- Odisha (1970): It became the first state in the country to pass the Lokayukta Act.
- Maharashtra (1971): It became the first state in the country to appoint the post of Lokayukta.
- Rajasthan (1973): Based on the recommendations of the Administrative Reforms Committee of 1963, the Lokayukta Ordinance was enacted in Rajasthan on February 3, 1973, which was later enacted into an Act.
Lokayukta Institution in the context of Rajasthan
Establishment and legal framework
- Administrative Reforms Committee (1963):Recommended an institution like ‘Ombudsman’ in Rajasthan.
- Promulgation of Ordinance:The Rajasthan Lokayukta and Up-Lokayukta Ordinance was promulgated on January 24, 1973.
- Publication in the Gazette:This ordinance was published in the Rajasthan Gazette on January 25, 1973.
- Effective Date :The effective date of the Ordinance was notified as February 3, 1973.
- Presidential Assent:March 26, 1973 (later it became the Rajasthan Lokayukta Act, 1973).
- Although the President’s assent was received in March, the Act was deemed to have come into effect from the same date (February 3, 1973) on which the Ordinance came into force.
- The then Chief Minister:Barkatullah Khan.
- The then Governor:Sardar Jogendra Singh.
- On 28 February 2014, the Rajasthan Government constituted a high-level committee under the chairmanship of Advocate General Narpat Mal Lodha to amend the existing Loka yukta Act and make it stronger and more effective.
Nature and functions of the organization
- This institution is a non-constitutional body which is also called statutory and constitutional.
- Lokayukta is an independent body whose jurisdiction is the entire state.
- This is not a department of the state government nor is there any interference from the state government.
- The Lokayukta is constantly striving to bring cleanliness, impartiality and sensitivity in public administration through investigations and inquiries initiated on the basis of complaints or on its own initiative.
- The Lokayukta conducts an impartial investigation into the complaints received and, after investigation, either dismisses the cases or recommends action to the competent authority.
- The Lokayukta has the powers of a civil court under which it can summon files and documents for investigation.
- Lokayukta cannot investigate cases older than 5 years.
Objective
- The institution of Lokayukta was formed with the aim of providing clean administration to the general public and to investigate and inquire independently and impartially into complaints related to corruption and misuse of power against public servants.
- It is committed to providing dedication, commitments, accountability, transparency and high quality in public service.
Appointment, Qualification and Service Conditions
Appointment (Section 3):
- The Governor shall appoint the Lokayukta and one or more Up-Lokayuktas by an official warrant bearing his signature and the official seal.
- Appointment of Lokayukta:The selection is made on the recommendation of a selection committee.
- There are a total of 3 members in the selection committee.
- Chief Minister – Chairman
- Leader of the Opposition
- Chief Justice of the High Court
- There are a total of 3 members in the selection committee.
- Ability:
- A retired judge of the Supreme Court or a retired judge of a High Court.
- Should not have held any office of profit.
- Must not be affiliated with any political party. Must not be a member of Parliament or State Legislature.
- Appointment of Upa-Lokayukta:In consultation with the Lokayukta. (The first Upa-Lokayukta was required to be a former Vigilance Commissioner).
Oath (Section 3):
- Every person appointed as Lokayukta or Up-Lokayukta, before entering upon his office, makes and subscribes an oath before the Governor or his nominee.
Tenure (Section 5):
- For a period of 5 years or till the age of 65 years (whichever is earlier).
- Note: In 2018 it was made 8 years, which was again made 5 years in 2019.
- The term of office of the first Up-Lokayukta shall be such as the Governor may fix but in no case shall it be fixed for more than five years from the date on which he enters upon his office.
- If there is no Lokayukta, then the Up-Lokayukta will work; if there is no Up-Lokayukta, then the Lokayukta will work.
- In the absence of both the Lokayukta and the Up-Lokayukta, a High Court judge nominated by the Chief Justice on the request of the Governor will take over the charge of the Lokayukta.
Resignation (Section 5):
- Addressing the Governor.
Salaries – Allowances and Pensions (Section 5):
- Lokayukta: Same as Chief Justice of High Court (Rs 2.50 lakh)
- Upa-Lokayukta: Same as other High Court judges (Rs 2.25 lakh)
- Once appointed, the Lokayukta or Up-Lokayukta shall not be subject to any change in his allowances, pension or other conditions of service during his tenure.
Removal from office (Section 6)
- Grounds: Misconduct or incapacity.
- Procedure: The Governor will order an inquiry by a retired or sitting judge of the Supreme Court or a High Court. If found guilty, the Governor removes the judge.
- Role of Legislature: The Governor shall remove him from office if a resolution is passed by a majority of the total members of the House and a two-thirds majority of those present and voting.
Annual Report/Report (Section 12):
- The State Lokayukta submits an annual report to the Governor, who then gets it laid before the Legislative Assembly.
- If required, separate reports may also be sent in special cases.
Rajasthan Lokayukta: Working Procedure
- Procedure for filing a complaint –
- The process of filing a complaint at the Lokayukta Secretariat is extremely transparent and accessible:
- Who can complain: Any person who is not himself a public servant.
- In case of incapacity: If the complainant dies or is unable to act himself, his representative (estate heir) or authorised person can file the complaint.
- Mode of complaint: In person, by post, fax or e-mail.
- Details of the complaint:Full name, address and occupation of the complainant.
- Name and designation of the public servant concerned.
- Full details of the allegations made and the evidence supporting them.
- Mandatory Documents: Every complaint must be accompanied by an affidavit attested by a Magistrate or Notary on a non-judicial stamp of Rs. 10/-.
- Note: For complaints sent by fax or e-mail, the affidavit has to be sent separately by post.
- Special Category: A complaint can also be submitted from police custody, jail, or a shelter for the mentally ill. It is the duty of the person in charge of the complaint to immediately transmit such a complaint to the Lokayukta Secretariat.
Powers and jurisdiction
- Under Section 7 of the Act, the Lokayukta has the power to investigate on the following grounds:
- Causing undue harm or suffering to any person by a public servant.
- Misuse of position for illegal gain.
- Acting out of personal interest or corruption.
- Being guilty of corruption or lack of integrity/probity.
- The jurisdiction of the State Lokayukta includes –
- All Ministers of the State (except the Chief Minister)
- Civil servants, secretaries, heads of departments
- District head and sub-district head
- Pradhan/Uppradhan of Panchayat Samiti
- Chairman of the Standing Committee of the Zila Parishad and Panchayat Samitis
- Mayor and Deputy Mayor of the Municipal Corporation
- Chairman and Vice-Chairman of Municipal and Urban Development Trusts
- Investigations conducted against the chairpersons, officers and employees of government companies, corporations or boards come under its purview.
- Do not come under the purview of Lokayukta investigation-
- Governor
- Chief Minister
- Accountant General
- Chief and other judges of the High Court and District Court
- judicial officers and employees
- Chief Election Commissioner and Election Officer
- territorial election commissioner
- Chairman and Member of the Public Service Commission
- retired public servant
- Legislator
- Sarpanch and Panch
- Officers and employees of the stop of the Assembly Secretariat.
Key sections of the Rajasthan Lokayukta Act, 1973
Section 2: Definitions (Who is a public servant?) โ
The Lokayukta can investigate against:
- Minister: All ministers, ministers of state and deputy ministers except the Chief Minister.
- Officer:Working under the state government.
- Local bodies:District Chief/Up-Chief, Pradhan/Up-Pradhan, Standing Committee Chairman, Mayor/Deputy Mayor, Municipal Chairman/Vice Chairman.
- Government agencies:Government companies (share capital more than 51%), state-controlled corporations and notified societies.
Section 4: Restrictions
- Lokayukta/Up-Lokayukta:
- Shall not be a member of Parliament or Legislature.
- Shall not hold any office of profit.
- Will not be affiliated with any political party.
- Will not carry on any business or profession.
Sections 7 to 12: Investigation and report
- Section 7:Power to investigate against ministers and public servants.
- Section 8(3): Cases older than 5 years will not be investigated.
- Section 9:A Complaint can be made only by a person other than a public servant (either on his own behalf or by a representative on behalf of the deceased).
- Section 10:Powers of civil court during investigation.
- Section 12:Presentation of the annual report to the Governor (the Governor will cause it to be laid on the table of the Legislative Assembly).
Sections 13 to 20: Punishment and other powers
- Section 13:Imprisonment up to 3 years for a false complaint.
- Section 14:Appointment of staff by Lokayukta.
- Section 16:6 months imprisonment for obstructing or insulting the work of the Lokayukta.
- Section 18:The Governor may, in consultation with the Lokayukta, assign him additional functions (related to eradication of corruption).
- Section 20: Delegation:The Lokayukta may delegate his powers (other than submitting reports) to other officers by an order in writing.
Rajasthan Lokayukta and Up-Lokayukta: Rules and Important Facts
Power to make rules (section 21)
- Power: The Governor has the power to make rules by notification in the Official Gazette for carrying out the purpose of this Act.
- Result: Using this power, the Governor of Rajasthan enacted the “Rajasthan Lokayukta and Up-Lokayukta (Proceedings) Rules, 1974”.
- Note: These rules were framed during the tenure of the then Governor Sardar Jogendra Singh.
- Competent Authority
- Under Section 2(c)(ii) of the Act, the following authorities have been prescribed to receive investigation reports against public servants:
| S.No. | Type of public servant | competent authority |
| 1 | Ministers and Secretaries | Chief Minister of the State |
| 2 | Member of All India Services, Head of Department and Member of State Services | Minister in charge of the Department of Personnel |
| 3 | Other Gazetted Officers | Minister in charge of the concerned department |
| 4 | Non-Gazetted Officer | Secretary of the concerned department |
Complaint Procedure and Terms
- Independence: The Lokayukta is an independent institution. It is not a department of the state government and there is no government interference in it.
- Eligibility: A complaint can only be filed against public servants of the state of Rajasthan. The complainant must not be a public servant themselves.
- Affidavit: A sworn affidavit attested on a non-judicial stamp of โน10/- is required with the complaint. If there are multiple complainants, an affidavit from one complainant will suffice.
- Time Limit: Complaints cannot be filed for incidents that are more than 5 years old (Note: This limit does not apply to ongoing offenses).
- Restrictions: Complaints cannot be filed regarding personal disputes.
- Address: The complaint shall be made in the name of ‘Secretary, Lokayukta Secretariat, Government Secretariat Complex, Jaipur’.
Secretariat and Administrative Setup
- Department of Personnel: This department is the administrative department for matters related to the Lokayukta Act and is the communication channel between the Government and the Lokayukta.
- Position of the post: * Secretary to the Lokayukta = Head of the Department.
- Deputy Secretary of the Lokayukta = Head of Office.
Special Note:The power to make rules was mentioned in the original Act, while the remaining provisions were replaced (updated) by rules on September 25, 1996.
List of Lokayuktas of Rajasthan (1973โpresent)
| No.Sam. | Name | Length of tenure | Specifications |
| 1 | Mr. Justice I.D. Dua | 1973 – 1978 | First LokayuktaFormer Judge, Supreme Court. |
| 2 | Mr. Justice D.P. Gupta | 1978 – 1979 | First Acting LokayuktaHe was also the acting Governor of Rajasthan. |
| 3 | Justice Shri Mohanlal Joshi | 1979 – 1982 | |
| 4 | Mr. Justice K.S. Siddha | 1984 – 1985 | Acting Lokayukta |
| 5 | Justice Shri Mohanlal Shrimal | 1985 – 1990 | |
| 6 | Justice Shri Purushottam Das Kudal | 1990 – 1990 | Minimum Tenure |
| 7 | Shri Justice Mahendra Bhushan Sharma | 1990 – 1993 | Acting Lokayukta with the longest tenure |
| 8 | Shri Justice Vinod Shankar Dave | 1994 – 1994 | Acting Lokayukta with minimum tenure |
| 9 | Shri Justice Mahendra Bhushan Sharma | 1994 – 1999 | |
| 10 | Justice Milapchandra Jain | 1999 – 2004 | |
| 11 | Mr. Justice G.L. Gupta | 2007 – 2012 | He was also the acting Governor of Rajasthan. |
| 12 | Shri Justice S.S. Kothari | 2013 – 2019 | longest tenure |
| 13 | Justice Shri Pratap Krishna Lohara | 2021 – present |
Upa-Lokayukta
- Shri K.P.U. Menon (Former Chief Secretary) 05.06.1973 โ 25.06.1974. (Sole)
- First Upalokayukta
Lokayukta Secretary
- First Secretary: K.V. Sankaran (IAS) – (20.09.1973 to 04.01.1974).
- First Secretary from the Judicial Service: A.K. Singh (04.05.1984). All subsequent Secretaries have been from the Rajasthan High Court Judicial Service.
- Secretary with the shortest tenure: Paramesh Chandra (IAS).
