Q. Consider the following statements with reference to the Lokpal and Lokayukta:
1. There is no uniformity of powers of Lokayukta of different states.
2. Lokpal cannot Suo motu proceed against any public servant.
3. The Prime Minister has been kept completely outside the purview of the Lokpal.
How many of the above given statements are correct?
Exp) Option b is the correct answer
The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and Lokayukta for States. The Act allows setting up of anti-corruption ombudsman called Lokpal at the Centre and Lokayukta at the State-level. They perform the function of an “ombudsman” and inquire into allegations of corruption against certain public functionaries and for related matters.
Statement 1 is correct: As per the Lokpal and Lokayukta Act, 2013, every state has the autonomy to frame their own laws, thus the Lokayukta’s powers vary from state to state on various aspects, such as tenure, and the need for sanction to prosecute officials. Some states such as Rajasthan, Karnataka, Andhra Pradesh and Maharashtra have created the Lokayukta as well as Up-Lokayukta, while some other states have created only the Lokayukta.
Statement 2 is correct: Unless a complaint has been made, Lokpal cannot Suo motu proceed against any public servant. As per the Lokpal Act, the “complaint” means a complaint, made in such form as may be prescribed, alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988. Jurisdiction of Lokpal includes Group A, B, C and D officers and officials of Central Government.
Statement 3 is incorrect: The Prime Minister has been brought under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the Prime Minister. The Lokpal has jurisdiction to inquire into allegations of corruption against anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament.
