The Lokayukta

In one line

The Lokayukta is the State ombudsman, Maharashtra was the first State to have one, and Maharashtra's new statute has been enacted but is only partly in force.

In the wording a student can write in an exam: section 63 of the Lokpal and Lokayuktas Act 2013 requires every State to establish a body to be known as the Lokayukta; Maharashtra's institution was created by the Maharashtra Lokayukta and Upa-Lokayuktas Act 1971, and the Maharashtra Lokayukta Act 2023 has been enacted to replace it, its section 66 repealing the 1971 Act on the commencement of the new one.

The State institution

The obligation. Section 63 of the central Act requires every State to establish a Lokayukta, to deal with complaints relating to corruption against certain public functionaries, by a law made by the State legislature. The design of each State's institution is therefore the State's own, and they differ considerably.

Maharashtra was first. The Maharashtra Lokayukta and Upa-Lokayuktas Act 1971 established a Lokayukta and Upa-Lokayuktas for the State, and Maharashtra is conventionally described as the first Indian State to create the office.

The classical shape of a State Lokayukta, as the 1971 model has it, is closer to the ombudsman idea described two chapters ago than the Lokpal is: the office receives complaints about the actions of public servants, investigates, and reports its findings and recommendations to the competent authority, which is required to consider them and to inform the Lokayukta of the action taken. The sanction is the report and its publication rather than a power to punish.

The Maharashtra Act of 2023

Establishment. Section 3 provides that as and from the commencement of the Act there shall be established, by notification in the Official Gazette, a body to be called the Lokayukta, Maharashtra State, consisting of a Chairperson who is or has been the Chief Justice of a High Court or a Judge of the Supreme Court or a Judge of the Bombay High Court, and not more than four Members of whom two shall be Judicial Members. A Judicial Member must be or have been a Judge of a High Court, with a proviso permitting a person who is or has been a Judge not below the rank of Principal District Judge where a High Court Judge is not available. A non-judicial Member must be a person of impeccable integrity and outstanding ability with special knowledge and expertise of not less than twenty-five years in anti-corruption policy, public administration, vigilance, finance and related fields.

Section 4 provides for appointment of the Chairperson and Members, sections 5 to 9 for vacancies, term, conditions of service, restriction on employment after ceasing to hold office and a Member acting as Chairperson, and section 10 for the Secretary and staff.