Explained: Kerala’s proposal to limit Lokayukta’s powers, and laws in other states

What is the news?

Recently, the Kerala government has proposed to amend the Kerala Lok Ayukta Act with an ordinance. This move has attracted criticism from the opposition.

What is the proposal all about?

The said proposal will give the government powers to “either accept or reject the verdict of the Lokayukta, after giving an opportunity of being heard. Presently, under Section 14 of the Act, a public servant has to vacate office if directed by the Lokayukta.

What is Lokpal and Lokayuktas Act? How does it work?

According to the data provided on the official website, Lokpal received 1,427 complaints in 2019-20, 110 in 2020-21, and 30 in 2021-22 up to July 2021. Due to a delay in framing rules, one of the judicial members has resigned.

How does Lokayuktas work in states?

Lokayuktas are the state equivalents of the central Lokpal. The law gave states the autonomy to frame their own laws. So, the Lokayukta’s powers vary from state to state on various aspects, such as tenure, and the need for sanction to prosecute officials. Among these are:

Nagaland:  It passed the law allowing the Nagaland government the power to keep the post of the state Lokayukta vacant for a year.

GOA: Goa’s Lokayukta does not have powers of prosecution.

Bihar: It passed a law that sought to punish people filing false cases before the Lokayukta. The offence would carry a jail term of up to three years. The move was criticised on the ground that it could be misused against whistle-blowers.

UP: In 2012, Uttar Pradesh passed a law for increasing the tenure of Lokayukta to 8 years. In 2015, the state brought another amendment removing the High Court Chief Justice from the selection committee.

Source: This post is based on the article “Explained: Kerala’s proposal to limit Lokayukta’s powers, and laws in other states” published in Indian Express on 1st February 2022.