02 Feb The Kerala government has proposed to limit the powers of Lokayukta
The Kerala government has proposed to limit the powers of Lokayukta- Today Current Affairs
Why in news?
With an ordinance,the Kerala government proposes to amend Kerala Lokayukta Act and it has attracted criticism from the opposition.
Proposed changes: The Hindu Analysis
It proposes to give the government the powers to either accept or reject the verdict of the Lokayukta, after giving an opportunity to be heard.
Origin of Lokayukta Act: Today Current Affairs
After decades of demand for the strong anti-corruption law, the Lokpal and Lokayukta Act, 2013 was passed in January,2014. The Lokpal consists of chairman (Present/former chief justice of India/distinguished personality who possess relevant eligibility criteria). Minimum 50 percent of the remaining members, total eight, must be judicial members, with at least 50% belonging to SCs,STs, OBCs,minorities or women.
Working of Lokayukta in the states: The Hindu Analysis
Like the Lokpal at Centre, there exists Lokayukta at the state level, it has been provided under section 63 of the Lokpal and Lokayuktas Act,2013
Originally, the Lokayukta was made mandatory in each state but due to opposition from the opposition parties ,the framework was created and implementation was left to states.
Today Current Affairs
States Which have Lokayuktas: The Hindu Analysis
At the time of passage of the bill, Lokayuktas were already present in some states like Karnataka and Madhya Pradesh. Further after enactment of this law and emphasis from the side of the Supreme Court, today most of the states have set up a Lokayukta.
As there exists autonomy for the states to frame their own laws, the Lokayukta’s powers varies from state to state as given below:
Nagaland: Nagaland passed a law which gives power to the state government to keep the post vacant for a year.
Goa: Here the Lokayukta do not possess the power of prosecution.
Bihar: A law was passed which called for the punishment to people who files false cases before the Lokayukta and offences will attract a jail-term upto three years.
Uttar Pradesh: A law was passed to increase the tenure of Lokayukta to 8 years.
So in this regard following measures can be taken to improve the scenario:
- The ombudsman institution should be strengthened both in terms of functional autonomy and availability of manpower.
- More transparency, more right to information and empowerment of citizens and citizen groups along with a good leadership that is willing to subject itself to public scrutiny.
- The government needs to address the issues based on which people are demanding a Lokpal. Only adding to the strength of investigative agencies will increase the size of the government but not necessarily improve governance. The slogan adopted by the government of “less government and more governance”, should be followed in letter and spirit.
- Lokpal and Lokayukta must be financially,legally and administratively independent of those whom they are called upon to investigate and prosecute.
- The Lokpal and Lokayukta appointments must be done transparently so as to minimize the chances of the wrong sorts of people getting in.
- Also there is a need for a multiplicity of decentralized institutions with the appropriate accountability mechanisms, to avoid the concentration of power, in any one institution or authority.
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