Lokpal and Lokayuktas
|Democracy & Social||Economic development needs Infrastructure.|
|Infrastructure strengths expansion of bureaucracy||Bureaucrats – Maximum power – harassment
· Mall Adm.
· Corruption- grievance (Inc.) to here it.
Different parts of the world to deal with the redressal of these grievances.
Scandinavian Model – Donald C. Rowat – Objectives:
· Abuse of administrative discretion – misuse of official power and authority
· Maladministration – inefficiency in achieving the targets
· Administrative corruption – demanding bribery
In India Ombudsman – Lokpal
2nd ARC recommended for setting:
a) Lokpal, for hearing grievances, against center & state level.
b) Lokayuktas (1 at center and 1 at state levels) & (ARC) kept it out from purview of judiciary.
|LOKPAL||Administrative Reforms Commission (ARC) recommended – Appointed by POI after consultation with CJI.|
|Lokpal & Lokayuktas Act, 2013||Passed in 2013, & received POI ascent 01/01/2014 came into effect 16th Jan 2014.|
|Features||· Lokpal at Center, Lokayuktas at state.
· Lokpal – Chairperson + 8 members (4 from Judiciary an 50% of total sc, sts, minorities women OBC.
· Chairperson – by 5 member committee (selection committee)
· PM + sp (LS) + LOP (LS) + CJI or his nominate disputes.
· Search committee will help selection com.
· Clear timelines, Preliminary enquiry – 3 months
· Investigation – 6 months
· Trail – 1 year.
7 to 10 year punishment
· Financed by Govt.
· All entitles receiving donation above 10 Lakhs are under Lokpal.
|Drawback||· Not suo moto/heavy punishment for false complain.
· Emphasise on complaint.
· 7 year of file complaint
· Non- transparent nature of complaint against PM.
|Lokayuktas||Even before the 2013 many state have Lokayuktas
Structure variation – same state have Lokayuktas & other have both Lokayuktas & up- Lokayuktas
|Appointment||Lokayuktas + UP Lokayuktas – governor
CJ (HC) + LOP (Assembly)
|Qualification||Some state Judicial & other not mentioned.|
|Tenure||5 year/ not eligible for reappointment.|
|Jurisdiction||CM + Minister + Local bodies
Excluded in MP, UP, Bihar, RJ, Orissa.
Former ministry & Civil servant in MH.
|Investigation||Or receiving complain or suo moto but not in UP + MP + Assam.|
|Scope||Grievances + Allegation
MH, UP + Bihar + Karnataka excluded from grievances.
HP, Andhra Pradesh, RJ, GJ.
Lokayuktas – report – Governor – state legislature [explanatory memorandum]
· Help of state Investing
· Agency for conducting inquiry
· Call relevant fines from any binding only advisory in nature.
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