8 (b) lokpal and lok ayukta

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Indian Polity & GovernanceTopic

Lokpal & Lok Ayukta

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�The office of the ombudsman originated-in Sweden in 1809 and has been adopted by many nations.

�The Swedish word Ombudsman means “a procurator or agent of civil affairs”, may be interpreted as “the people’s advocate”.

�Ombudsman is a government official who investigates citizens’ complaints against the high government functionaries.

�Though appointed by the legislature he is an independent functionary - independent of all the three organs of the state, but reports to the legislature.

Ombudsman





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�The Ombudsman can act both on the basis of complaints made by citizens, or suo moto- that is on his own initiative. He can look into allegations of corruption as well as maladministration.





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Lokpal�Lokpal is synonymous to the institution of Ombudsman existing in

the Scandinavian countries.

�The Administrative reforms Commission (ARC) set up in 1966 recommended the constitution of a two-tier machinery of a Lokpal at the Centre, and Lokayuktas in the states as it will remove the sense of injustice from the minds of citizens and also install public confidence in the efficiency of administrative machinery.

�The Lokpal was visualized as the watchdog institution on ministerial probity.

�Broadly the provisions of different bills empowered the Lokpal to investigate corruption cases against Government political functionaries at the highest level in the Central government





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�Objective is to provide speedy, cheaper form of justice to people.

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

�Appointment The chairperson and members shall be appointed by the President on the recommendation of a committee consisting of the following persons. (a) The Vice-President (Chairman) (b) The PM (c) The Speaker of LS (d) Home Minister (e) Leader of the House, other than the house in which PM is a member (f) Leaders of Opposition of both the houses.

Essential features of the Lokpal Bill 2001 are:





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�Lokpal will have its own administrative machinery for conducting investigations.

�Jurisdiction of Lokpal: The central level political functionaries like the Council of Ministers including the Prime Minister, the Members of Parliament etc.

�The Lokpal shall complete the inquiry within a period of six months.

�The Lokpal has the power of a civil court to summon any person or authority.





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Reasons for the delay in enactment of the Bill centre around lack of consensus on the following:

•Whether the office of the Prime Minister be brought under the purview of Lokpal

•Whether the Lokpal should have its own investigation machinery, or it should depend on the existing ones

•Whether proceedings should be held in camera or otherwise|

•Whether the recommendations should be binding or not

Why Lokpal Bill has not been passed in the last more than 4 decades:





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�The National Commission to Review the Working of Constitution (NCRWC)2000-2002- in its report submitted in 2002 stressed the need to enact legislation on Lokpal.

�It recommended that the Constitution be amended to incorporate a provision making it obligatory on the state governments to set up the institution of Lokayukta.

NCRWC





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�The second Administrative Reforms Commission (ARC) set up in 2005 recommended that the Lokpal be given a constitutional status and renamed the “Rashtriya Lokayukta.”

� In its fourth report on “Ethics in Governance,” (2007) the Commission recommended steps to bring about greater transparency and accountability in governance at all levels and root out corruption

Second ARC and Rashtriya Lokayukta





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�The first Lokayukta institution was established in the State of Orissa in the year 1970 ‘There after, this institution was established in different States in different years namely: Maharashtra (1972), Bihar (1974), Uttar Pradesh (1977), Madhya Pradesh (1981), Andhra Pradesh (1983), Himachal Pradesh (1983), Karnataka (l984) etc.

�Lokayukta laws are in force in seventeen States today.

�However the power, function and jurisdiction of Lokayuktas are the not uniform in the country. In some states it has been applicable to all the elected representatives including the CM.

Lokayukta





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�in some other states legislators have been kept out of his purview.

�In some states, Lokayuktas have not been provided with their independent investigative machinery making them dependent on the government agencies infrastructure is inadequate and so is staff.

•Time bound installation of Lokayukta institution

•Providing it with adequate infrastructure

•Providing it with an independent investigative agency

•Giving it scope that includes the highest government functionaries— political and administrative

The issues with reference to Lokayukta are:





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8 (b) lokpal and lok ayukta

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lokpal bill

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institution of ombudsman

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high government functionaries

citizens complaints

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