Q. Consider the following statements regarding ‘Lokayukta’:
1. He/She is appointed by the Chief Justice of the concerned High Court of the state.
2. He/she should be a retired Chief Justice of the respective state High court.
3. He/she can be removed by the President on the recommendation of the Governor of the state.
How many statements given above are correct?
Exp) Option d is the correct answer.
Statement 1 is incorrect. The lokayukta and upalokayukta are appointed by the governor of the state. While appointing, the governor in most of the states consults
(a) the chief justice of the state high court, and
(b) the leader of Opposition in the state legislative assembly.
Statement 2 is incorrect. Lokpal and Lokayuktas Act, 2013 states that- Every State shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Legislature. Hence, the qualification for the post of Lokayukta is left with state legislation.
Statement 3 is incorrect. Lokpal and Lokayuktas Act, 2013 do not provide the removal procedure of Lokayukta and leave this detail to state legislation. Normally, once appointed, Lokayukta cannot be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion by the state assembly
