TAMILNADU NATIONAL LAW SCHOOL

TIRUCHIRAPALLI

ADMINISTRATIVE LAW

A.ARIVUNITHI

FIFTH SEMESTER

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ADMINISTRATIVE LAW PROJECT

ON

WORKING OF LOKAYUKTAS IN STATE

NAME:A.ARIVUNITHI

ROLL NO. : BA0130013

CLASS: Sec. A, 5TH Semester, B.A., LL.B (Hons.)

SUBMITTED ON: 07/10/15

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SYNOPSIS

WORKING OF LOKAYUKTAS IN STATE

1. JUSTIFICATION FOR THE TOPIC:

Lokayukta investigates cases of corruption, where substantiated,

recommend action. He is a great check on corruption, brings about transparency in the system,

and makes administrative machinery citizen friendly. His functions largely depend upon

jurisdiction vested in him and facilities provided for taking cognizance of citizens’ grievances

promptly, dexterously and expeditiously through simple, informal mechanism devoid of

technicalities.

"Corruption at the bureaucratic level operated like a subterranean monster,

aiding, abetting and colluding with the political bosses. Services to the public have long given

way careerism with a work culture of 19th century aristocracy dealing with the citizens as

'subjects'. Burke cautioned, "Among people, generally corrupt, liberty cannot last long".

Here in this paper we try to understand the role, objectives and working

of lokayuktas in state.

2. TENTATIVE CHAPTERIZATION:

I. INTRODUCTION

II. STRUGGLING HISTORY

III. ROLE OF LOKAYUKTAS

IV. LOKAYUKTAS ACT

V. MALADMINISTRATION LEADING TO WEAKENING OF INDIAN

BUREACRACY

VI. AVIEW OF CORRUPTION IN INDIA: INSTANCES

VII. THE NEED FOR LOKAYUKTAS

VIII. RELEVANT CASES

IX. CONCLUSION

X. BIBLIOGRAPHY

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3. RESEARCH OBJECTIVE

This paper deals with the objectives, need, role and working of lokayuktas in state

with the help of some relevant case laws.

4. RESEARCH QUESTIONS

How will lokayukta be different from the prevalent system of fighting corruption?

5. HYPOTHESIS

This paper deals about lokayukta investigates cases of corruption, where substantiated, recommend action. He is a great check on corruption, brings about transparency in the system, and makes administrative machinery citizen friendly. His functions largely depend upon jurisdiction vested in him and facilities provided for taking cognizance of citizens’ grievances promptly, dexterously and expeditiously through simple, informal mechanism devoid of technicalities.

6. REVIEW OF LITERATURE

This paper deals with the surveying of three books and three articles associated with the working of lokayuktas in state;

Books;

a) Lokpal and lokayuktas act 2013

The lokpal and lokayuktas act, 2013. Parliament of india. A bill to provide for the establishment of a body of lokpal for the union and lokayukta for states to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.

b) Swamy’s compilation on the lokayuktas (act, rules and order)

This books deals an up-to-date reference on the lokpal and lokayuktas act, 2013; and incorporating all the government decisions under relevant rules in easy to refer manner.

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Articles;

a. An article, ‘lokpal in india- an analysis’ by ‘triloknath mishra’,www.wisdomblow.com as visited on 3rd October 2011 There have been animated discussions in Parliament on various facets of the problems of corruption at the time of consideration of the Prevention of Corruption Bill, the Criminal Law Amendment Bill and the Commissions of Inquiry Bill. In 1959, Shri C.D. Deshmukh had suggested for the establishment of, “a high-level impartial standing judicial tribunal to investigate and report on complaints pertaining to corruption.”

b. 8 from an article, “a lokpal bill- a nightmare for corrupt officials” posted on September 8,2011 by goodpal, www.socialissuesindia.wordpress.com as visited on 3rd October 2011 The Bill aims to give power to ordinary citizens to sue corrupt officials at all levels. The idea of an ombudsman first came up in Parliament during a discussion on budget allocation for the Law Ministry in 1963. The first administrative reforms committee in 1966 recommended the setting up of two independent authorities at the Central and state level to look into complaints against public functionaries – Lokpal and Lokayukta.

c. K.N. PANIKKAR Jan lokpal: an alternative view as visited on 19th april 2011. www.thehindu.in.

This was quite different from the past practices of the Indian state. Remember Potti Sriramulu, who at the end of a prolonged fast sacrificed his life for the formation of Andhra Pradesh. And Irom Sharmila has been on a hunger strike for more than 10 years, demanding the repeal of the Armed Forces (Special Powers) Act.

7. RESEARCH METHODOLOGY

The research methodology adopted in this research paper is descriptive as it involves evaluation of well established concept with case laws.

8. DATA SOURCES

www.wisdomblow.com www.socialissuesindia.wordpress.com www.thehindu.in Lokpal and lokayuktas act 2013 Swamys’ compilation on the lokayuktas.

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TABLE OF CONTENTS

INTRODUCTION………………………………………..7

STRUGGLING HISTORY…………………………….....8

ROLE OF LOKAYUKTAS……………………………....9

LOKAYUKTAS ACT…………………………………….12

MALADMINISTRATION LEADING TO WEAKENING OF INDIAN BUREACRACY…………………………………………..13

AVIEW OF CORRUPTION IN INDIA: INSTANCES…..14

THE NEED FOR LOKAYUKTAS ………………………..16

CONCLUSION………………………………………….…17

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INTRODUCTION

“Stop Corruption; we won the world cup, now win the innings against Corruption”.1

 “An uncorrupted individual in a corrupted system will finally end up being corrupted himself except and unless he is constantly fighting against the corruption”.2

There was a time when socially, a corrupt person was not considered a desirable person. But today we have reached such a stage that corruption is not only taken for granted but people with money are most respected by the society. The root cause of poor governance is corruption. The recent exposes, disclosure of financial scams have highlighted the extent of corruption that is going on across the country. And corruption can only be fought with a co-ordinate effort. Therefore, there is a huge cry going on throughout the country in order to eliminate corruption from the entire political system.

“There should be established a Lokpal at the “central level” and a Lokayukta at the “state level”. Both will address the inadequacies of the current anti-corruption systems and will have the power and independence to investigate and prosecute cases of corruption”. This is the most probable perspective that a common man has in up-bringing this very concept of Lokpal and Lokayukta in our democratic structure. Indian political system is considered as a “corrupt system” composed of “corrupt officials”. Even a layman, who is not well-educated, will look down upon such a system where the political officials promise to work for the welfare of the nation but are working for their own good.

Lokpal and Lokayukta3 will work on behalf of the citizens and will prevent their interests from the abuse by public office both at the central and the state level. These will be an independent body and the politicians and the bureaucrats will have no interference in their functioning. The establishment of Lokpal and Lokayukta will give the citizens right to file complaints in the High Courts and the Supreme Court in case they are not satisfied with the working of any government official or any other bureaucrat, as the case may be. For the first time, the citizens will have the right to participate in the making of law. In other words, there will be a system of referendum in our country. Such a measure as to establish a Lokpal and Lokayukta which will work as the effective grievance redressal system for the public is essential in this corruption ridden country so that the malice of corruption is removed and the citizens are able to live in a disease free country.

STRUGGLING HISTORY

1 From happyworldforall.blogspot.com/2011/04/i-hate-corruption-support-grows-for.html as visited on 10th  November 20112  By Jhurry Muhammad Anason corruption from www.quotationsbook.com/quotes/tags/corruption3 Lokayukta is an advisory body with no investigating or prosecuting powers.

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The term Lokpal is the Indian version of Ombudsman4 which is a Swedish term. The institution of ombudsman was first established in Sweden in 1808. He is an officer of Parliament and his job is to ensure that the civil servants discharge their functions properly. This institution has emerged as watch dog of the administration and protector of the common man.

“Power does not corrupt. Fear corrupts; perhaps the fear of a loss of power.”5

Corruption is a term and every common is familiar with this. In fact, it seems that a person cannot have a single discussion without the topic of corruption.

The Prevention of Corruption Act, 19476 was a measure which sought to eradicate corruption. But this measure failed to check the same. A new technique was adopted on their commendations of Santhanam Committee and the Central Vigilance Commission7 a non-statutory body established in 1964.

Today Lok Sabha is the fifteenth Lok Sabha and the bill for the establishment of Lokpal and Lokayukta had been introduced in the fourth Lok Sabha. It was then described as the Lokpal and the Lokayuktas Bill, 1968. Lokpal derives its existence since 1963, when this term was first used by the then Indian Prime Minister, Jawaharlal Nehru. Thus, the origin of Lokpal which is commonly known as “anti-corruption ombudsman” dates back to 1963 in India. “It was in 1966that a Lokpal was proposed at the centre and Lokayuktas in the states. For the first time in 1968, this bill was presented in the Lok Sabha.In 1968, the Bill was referred to the Joint Committee of the two Houses and it was passed by the Lok Sabha. While the Bill was pending before RajyaSabha, Lok Sabha was dissolved and the Bill could not be passed.. The house passed it in 1969, but while it was pending, Lok Sabha was dissolved and the bill lapsed”8. This was further re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, and 2001 but was never passed. In the year1977 during the fifth Lok Sabha, Indira Gandhi introduced the Bill but it again lapsed after waiting for six long years in a queue to be considered; the reason being that Lok Sabha was dissolved. In the same year, the Bill was again introduced by Moraji Desai’s Government and it was referred by the Joint Committee in the year 1978. While the Bill was under consideration with Lok Sabha, the latter got prorogued and dissolved and therefore, the Bill again lapsed. In the year 1980, no such Bill was introduced at the time of seventh Lok Sabha. In 1985, the then Prime Minister Rajiv Gandhi presented the Lokpal Bill and this was

4 An Ombudsman is someone who investigates complaints made by people against the government or any publicorganization. He is an independent official who represents the common man in his fight against the government.5  John Steinbeck fromhttp://www.goodreads.com/quotes/tag/corruption6 Prevention of Corruption Act, 1947 was amended and consolidated by the Prevention of Corruption Act, 1988.7 Central Vigilance Commissionis an apex Indian governmental body in 1964 to address governmental corruption. Itis free from any executive authority and is charged with monitoring any vigilance activity under the centralgovernment of India. It was set up by the Government of India on the recommendation of the Committee on Prevention of Corruption

8 From an Article, “ A Lokpal Bill- A Nightmare for Corrupt Officials” posted on September 8, 2011 by Goodpal,www.socialissuesindia.wordpress.com as visited on 3rd October 2011

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referred to the Joint Committee which again was of no use. With failures in the consequent years, this Bill was again introduced in the year 2001, 2005, and most recently in 2008. Each time the Bill was introduced in one House, it was referred to other Committees for recommendations such as Joint Committee and before a final decision could be taken by the Government, the House was dissolved. Each time a failure and the road to its success seemed tough.

So, the introduction to the whole film suggests its difficulty in enforcing the same.

ROLE OF LOKAYUKTAS

Lokayukta investigates cases of corruption, where substantiated, recommend action. He is a great check on corruption, brings about transparency in the system, makes administrative machinery citizen friendly. His functions largely depend upon jurisdiction vested in him and facilities provided for taking cognizance of citizens’ grievances promptly, dexterously and expeditiously through simple, informal mechanism devoid of technicalities. Corruption is internationally recognized a major problem, capable of endangering stability and security of society, threatening social, economic and political development and undermining the values of democracy and morality. It has assumed alarming proportions resultantly public funds going into private hands leading to enrichment of bribe givers and bribe takers. Ultimate result is, as said by former Prime Minister Rajiv Gandhi, only 15 paise, out of rupee reach the lowest level of population. Corruption, inefficiency, delays and insensitivity to people’s grievances can be identified key problems besetting the nation. Citizens bitterly feel the distance that separates them from the decision makers. This distance, makes them feel abandoned or even rejected and they eventually lose interest in public matters and become marginalized. Corruption does not mean only taking bribe. It is used in a much larger sense, “Conduct”, which is morally unsound and debased. It includes conduct which is blame-worthy or improper (See Dr. S. Dutt Vs State of UP9), B. Gupta Vs The King ILR10). Corruption and mal-administration are like twin sisters each acts in complement to the other. Corruption has ruined Empires. After completion of his book, “The Decline of Rome Empire” Edward Gibbon, the Great Historian, Writer and Philosopher was asked to reply in one word the reason for the decline Roman Empire, he remarked “Corruption.” Corruption in a civilized society, is described “disease like cancer.&rdquo, which if not detected in time is sure to malignise the polity of a country leading to disastrous consequences.” Pylee points out:

"Corruption at the bureaucratic level operated like a subterranean monster, aiding, abetting and colluding with the political bosses. Service to the public has long given way to careerism with a work culture of 19th century aristocracy dealing with the citizens as ‘subjects.’ Burke cautioned, “Among people, generally corrupt, liberty cannot last long". Supreme Court also said that corruption in a civilized society is a disease like cancer and if not detected in time, will malignise the polity of the country leading to disastrous consequence. It is

9 AIR 1966 SC 52310 (1949) 2 CAL 440

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like plague; it is contagious and if not controlled, spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being incurable (See State of MP & Others Vs Ram Singh11, and State of Andhra Pradesh Vs V. Vasudeva Rao12. Corruption in public life is a gross violation of human rights. It is anti-people, anti-development and anti-national. Rampant corruption is major national malady. It is the single big factor retarding the progress of our country, responsible for millions to live below poverty line despite astronomical amount being spent on development. It is garbage which is required to be removed otherwise it would hamper development of the country and bring bad name to the nation.

Supreme Court observed in Lucknow Development Authority Vs M.K. Gupta13 ("...Harassment of a common man by public authorities is socially abhorring and legally impermissible. It may harm him personally but the injury to society is far more grievous. Crime and corruption thrive and prosper in the society due to lack of public resistance. Nothing is more damaging than the feeling of helplessness. An ordinary citizen instead of complaining and fighting succumbs to the pressure of undesirable functioning in offices instead of standing against it...."

An honest man is the noblest wok of God – Pope. When men are pure, laws are useless; when men are corrupt, laws are broken – Benjamin Disraeli. Citizens realize that corruption is dominant factor keeping India a poor country, therefore, delaying march towards prosperity. A citizen faces corruption practically at every level and every sector of life. Corruption is anti-national, anti-poor, anti-economic development and anti-life. Rampant corruption is a major national malady. The Central Government as well as the State Governments are anxious to eradicate it because there is realization that it is a great hurdle on the path of progress because out of the huge plan outlays, very little goes to the people whose upliftment is essential for ushering the egalitarian society. This apart, it stalls the pace of development in other sectors too. It is, therefore, considered necessary to eradicate corruption with an iron hand otherwise march towards progress and prosperity would be delayed considerably. Why can’t it be eradicated when the number of persons indulging in corruption is hardly two percent of the total population of the country.

In its widest connotation corruption includes improper and selfish exercise of power and influence attached to a public office due to the special position one occupies in public life. Developing countries like India, face this problem, as a result, it assumes status of mega industry, where some people thrive at the cost of public exchequer resultantly imparting the

11 (2000) 5 SCC 8812 2003 (9) Scale 56913 AIR 1994 SC 787

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developmental activities of the State. The United Nations Convention against corruption (2003) signed/ratified by the member countries to deal firmly with corruption. Secretary General stressed that corruption violates the socio-economic human rights of the people especially in the developing countries because funds meant for roads, wells, hospital, schools and other basic necessities are siphoned off and deposited in safe havens abroad.Inaugurating two day National Seminar on “Access to Justice”, organized by the Supreme Court Advocates-on-Record Association, in association with the United Nations Development Programme, His Excellency The President of India, Dr. A.P.J. Abdul Kalam said that with the rising all-round awareness and a demand for clean and corruption-free public life, the burning issue of probity in public life was increasingly coming into focus.&lsquo. Conduct and behavior in public life are, like never before, under very close scrutiny. It was essential that the three pillars of democracy-Legislature, Judiciary and Executive-are strong in structure, pure in form and un-corrupted and un-blemished in conduct.&rsquo

The President made it clear that:

If we cannot make India corruption free, then the vision of making the nation developed by 2020 would remain a dream"

Consequently, understanding the menace of corruption and urgent necessity to deal with it in the context of existing scenario, public outcry, warning by transparency International, other NGOs and media, Government is attempting to eradicate it by taking steps for sometime past. The first Administrative Reforms Commission, headed by Late Shri Morarji Desai studied the causes for the steep deterioration in all areas of administration, Central and States and recommended remedial measures. In its report (1966) suggested, among other things, appointment of Lokpal at the Centre and Lokayukta at the State. Second Administrative Reforms Commission, headed by Shri Veerappa Moily, deliberated extensively for elimination of corruption in the administration and the strengthening of the Lokpal and the Lokayukta in two day National Colloquium on “Ethics in Governance: Moving from Rhetoric to Results” September ½, 2006 at the National Judicial Academy, Bhopal. Mahatma Gandhi, father of the Nation, had understood the gathering crisis of corruption and prophesized that the public would lead in the forefront in exposing corrupt practices and taking to task those who were involved in them. He wrote in Young India in 1928:

"Corruption will be out one day, however, much one may try to conceal it; and the public can, as its right and duty, in every case of justifiable suspicion, call its servants to strict account, dismiss them, sue them, in a law court or appoint an arbitrator or inspector to scrutinize their conduct, as it likes."He also said "On this earth, there is enough for everyone’s need but not for their greed.

LOKAYUKTAS ACT

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Following are some important features of the Lokpal and Lokayuktas Bill, 2011, passed by Parliament.

Lokpal at the Centre and Lokayukta at the level of the states. Lokpal will consist of a chairperson and a maximum of eight members, of which 50 per cent shall be judicial members.50 per cent of members of Lokpal shall be from SC/ST/OBCs, minorities and women. The selection of chairperson and members of Lokpal shall be through a selection committee consisting of Prime Minister, Speaker of Lok Sabha, Leader of Opposition in the Lok Sabha, Chief Justice of India or a sitting Supreme Court judge nominated by CJI, eminent jurist to be nominated by the President of India on the basis of recommendations of the first four members of the selection committee. Prime Minister has been brought under the purview of the Lokpal. Lokpal’s jurisdiction will cover all categories of public servants. All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are brought under the jurisdiction of Lokpal. Provides adequate protection for honest and upright public servants. Lokpal will have power of superintendence and direction over any investigation agency including CBI for cases referred to them by Lokpal. A high powered committee chaired by the Prime Minister will recommend selection of the Director, CBI Directorate of Prosecution headed by a Director of Prosecution under the overall control of Director. The appointment of the Director of Prosecution, CBI on the recommendation of the Central Vigilance Commission. Transfer of officers of CBI investigating cases referred by Lokpal with the approval of Lokpal. The bill also incorporates provisions for attachment and confiscation of property acquired by corrupt means, even while prosecution is pending. The bill lays down clear time lines for preliminary enquiry and investigation and trial and towards this end, the bill provides for setting up of special courts.A mandate for setting up of the institution of Lokayukta through enactment of a law by the State Legislature within a period of 365 days from the date of commencement of the Act.

MALADMINISTRATION LEADING TO WEAKENING OF INDIAN BUREACRACY

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The continuing increase in the instances of maladministration has weakened the public faith in bureaucracy. The Lokpal and Lokayukta Act has been sought to be promulgated since 1963, and till today efforts are being made for the same which shows a lack of political will to institutionalize the ombudsman in India. Even though states such as Orissa and Kerala have enacted their own State Acts constituting the ombudsman, they have not been successful in achieving the same as the Commissions created through these Acts remains defunct till now.

“It is not wisdom alone but public confidence in that wisdom which can support an administration”14.

This statement underscores the importance of public confidence as the test of the efficacy of administration15.

 In a democracy, people are supreme and hence, all state authorities must be exercised in the public interest16. This fundamental principle of administrative law has remained the same. However, with the increase in the scope of administration in India; a feeling has arisen in the minds of the public that this will lead to misuse of power by the administrative officials. Due to delay in the redressal of grievances of the public by the administrative officials, the public confidence in the administration has reached to its lowest point. Thus, there is a need for the establishment of a separate agency so that it can help the citizens’ to keep a check on the administrative bodies. This vital role can be played by the “ombudsman”. The Merriam Webster Dictionary defines “ombudsman” as a government official (as in Sweden and New Zealand) appointed to receive and investigate complaints made by individuals against abuses or capricious acts of public officials17. In its special sense, it means a Commissioner who has the duty of investigating and reporting to Parliament on citizens’ complaints against the Government. Jan Lokpal Bill, 2011 is therefore, commonly known as Citizens’ Ombudsman Bill, 2011. This Bill is a move towards the eradication of corruption and maladministration in the country in order to prevent public abuse. This will set up a two tier system that is Lokpal at the central level and the Lokayuktas at the state level and will work as a separate agency to fight specifically against corruption.

AVIEW OF CORRUPTION IN INDIA: INSTANCES

14 Thomas Jefferson to James Monroe, 182415 An Article, “ Instilling public confidence in administration: The need for an Ombudsman like institution in India”,From ssrn.com as visited on 3rd October 201116 Justice Markandey Katju, Administrative law and judicial review of administrative action, (2005) 8 SCC (J) 25,from ssrn.com as visited on 3rd October 201117 www.merriam-webster.com/dictionary/ombudsman from An Article, “ Instilling public confidence inadministration: The need for an Ombudsman like institution in India”, From ssrn.com as visited on 3rd October 2011.

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There have been many cases of corruption, maladministration, and misuse of authority that has come to light in the recent years. For instance, “2G18 Spectrum Financial Scandal in the Telecommunications and IT Ministry under A. Raja which is considered one of the largest political corruption case in the history of modern India, still remains unsolved; “CWG Scam”, IPL Lalit Modi Scam”, etc.

“If we discuss about the 2G Scam, we will observe that the government merely watched the events unfold helplessly”19

In fact, the Government of India had to suffer a loss of Rs. 1.76 Lakh Crores but still the mystery is unsolved. It is wrong to say here that no action has been taken against the perpetrators of the Scam because many people associated with the Scandal have been detained and arrested. But a mere arrest of these has not yet solved the problem because allegations against the main culprit or the mastermind behind this huge scandal that is, A. Raja had not yet been proved. Moreover, our present Indian Prime Minister Dr. Manmohan Singh and Home Minister P. Chitambaram who was the former Finance Minister of India was pointed out by A. Raja, the main culprit behind the Scandal, that the formers had full knowledge of the same. So, now here lies the impossibility to tackle the issue as it’s difficult to judge the extent of corruption.

Few more instances can be mentioned here regarding illegal activities going on in the country. The Andhra Pradesh Government suspended Y. Srilakshmi, a 1988- batch Indian Administrative Service (IAS) officer arrested recently in connection with illegal mining case; there continues to be a decline in India’s Integrity Score that is from 3.5 in 2007 to 3.1 in 2011, 3.4 in 2008-09, 3.3in 2010 indicating a serious corruption problem; An FIR against DMK leader, M.K. Stalin, his son Udhayanidhi and four others for allegedly threatening a person to sell his property at a prime locality at a lesser price20. These instances suggest that such a corruption ridden system cannot be made disease free until and unless there is a separate redressal mechanism that will specifically deal with the problem of corruption and will prosecute cases of the same.

Another instance was that of a mining case in Karnataka which led to the ouster of the then Chief Minister Yeddyurappa. A famous bribery case that came to light in the year 1996 was that of $18million bribery scandal in which the leading politicians of our country were alleged of illegally taking payments through the Hawala Brokers and this was known by the name of Hawala Case. Among the list of accused, the present opposition leader Mr. L.K. Advani was also there. This is really painful to know that the politicians whom we elect as our representatives to run the government on our behalf and who are supposed to work in the best interests of the public are misusing their seats and cheating the common man. Here, it is absolutely wrong to say that India is a poor country because if this would have been the case then such huge financial scandals would have never occurred in our country. Where does the money go? Taxes are

18  2G signifies second generation wireless digital technology19 www.socialissuesindia.wordpress.com as visited on 3rd October 201120 From corruptioninindia.org as visited on 4th December 2011

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imposed on all working men with respect to the income which they earn. But how is the Government using this money. It does not provide a clear picture of this. This money should be utilized for the public good! Saying that India is a poor country and we don’t have enough funds to meet the needs of hour, is easy. But to look into the in-depth reasons regarding the same is required by every citizen so that they can raise voice against the corruption.

A person is stopped by a policeman everyday for no fault of his and told to pay a fine of Rs. 100each day for breaking the rules of traffic. This shows nothing but the abuse of these governmental officials. They are not working in the interests of the public. In fact, they are using the public source to earn extra amount. If the public servants are only corrupt then how can we think that the problem of corruption can be eliminated so easily? There must be a system to keep a check on such government officials or bureaucrats or politicians so that the misusing of their chairs is minimized. The formulated laws have not served in their best interests; for instance the Prevention of Corruption Act sought to check the policy brokers and prosecute those involved incorruption. Therefore, a proper initiative has to be taken in this regard.

“Since these practices couldn’t be curbed by the measures under Indian Penal Code, 1860 and Prevention of Corruption Act, 1988, therefore, there is a need to establish a separate agency which will be independent of Legislature, Executive and Judiciary to look into the citizens’ grievances and cases of corruption and that is why it is felt necessary and is considered of great need to introduce “Jan Lokpal Bill” as a mechanism to tackle Corruption”21.

“Jan Lokpal Bill is an act to create effective anti-corruption and grievance redressal system at centre so that effective deterrent is created against corruption and to provide effective protection to whistleblowers”22.

 This Act may be called “Anti- Corruption, Grievance Redressal and Whistleblower Protection Act, 2010”23.

 THE NEED FOR LOKAYUKTAS

21 An Article, “Lokpal in India- An Analysis” by “Triloknath Mishra”, www.wisdomblow.com as visited on 3rd

October 201122 Jan Lokpal Bill version 1.8, www.annahazare.org as visited on 3rd October 201123 Jan Lokpal Bill version 1.8, www.annahazare.org as visited on 3rd October 2011

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The ‘Jan Lok Pal Bill’ proposes a single, autonomous Lokpal combining within it, the powers and mandate of the CBI and the CVC and with jurisdiction over politicians, bureaucrats and judges24. This agency will be able to initiate investigation without prior permission from any other agency. The whistleblowers will come under the protective purview of Lokpal.

The need for Lokpal at the centre and Lokayukta in states is therefore, justified in this democratic framework. After all, public also wants that their problems should be looked after. This cannot be possible unless we have these two separate agencies to function for the welfare of the public. This will help the public to instill confidence in the administrative bodies. Not only this, but the corrupt officials will also find the way out from their chambers which they might have obtained through numerous illegal ways. This will give a sigh of relief to the citizens. But not even one has taken place till now. This is the saddest part.

It is very essential to give a blow to those political dignitaries who are working for the general good just for name sake. A system of this kind will prove to be an effective system to drive out the so-called “janta-sevaks”, some of whom might not be eligible for the particular posts that they are holding. Very clearly, this system is to keep a check on the political dignitaries to prevent any sort of corruption to take place. And if they are found to be corrupt or misusing their authority in the name of public, they will be driven out from their chairs. This is will help the citizens’ build confidence in our administration and other authorities.

Currently, there are multiple anti-corruption agencies to deal with corruption cases. But they spend a lot of time in dealing with the same cases. Therefore, other important cases are made to stand in queue and wait for their chance to be considered. This problem can be solved if there happens to be a separate and independent agency that would deal specifically with corruption cases.

CONCLUSION

24 An Article, “ Lokpal in India- An Analysis”, by Triloknath Mishra, www.wisdomblow.com as visited on 3rd

October 2011.

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This episode is a disgrace in the history of Indian democracy. The nation realized that India is diseased with corruption and instead of making the already existing structures free of corruption through better checks and balances, the Lokpal and Lokayukta Bill, 2011 attempts to create another superstructure. This superstructure will be prone to corruption, if not more than that in the existing system, due to excessive delegation of powers. The movement could have led to better electoral education and electoral reforms. People could have been made aware of the importance of electing good parliamentarians. But instead the civil society opted to push for the creation of the ‘Lokpal’. The cost of maintaining such a superstructure will be an additional burden on the exchequer. Creation of more superstructures is not a guarantee for efficiency. Change has its own momentum and must be brought about only by constitutional methods. 

As the Bill stands, the creation of the Lokpal at the Centre will do little to check corruption. India already has many systems in place to act as checks and balances on the public officials to combat corruption. Instead of creating the Lokpal, these systems should be strengthened to effectively control the menace of ever-growing corruption in India. India needs responsible changes to make the existing checks and balances effective and not new unaccountable superstructures. 

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