Difference Between Lokayukta and Lokpal

Regardless of what country one might have, having corruption within the government or the administration system is common to the extent where there is barely any government system in the world which boasts being free from corruption. However, it does not need to be explained why corruption is a major negative which needs to be prevented as much as possible. Different countries have different means of doing so. Today, let's take a look at India's anti-corruption authorities - Lokayukta and Lokpal.

The Administrative Reforms Commission (ARC), led by Morarji Desai, submitted a special interim report in 1966 titled "Problems of Redressal of Citizen's Grievances." In this report, the ARC recommended the creation of two special authorities: Lokpal and Lokayukta.

The Lokpal and Lokayuktas Bill, 2011 was passed by the Parliament on 17^th December 2013. The Bill received the Hon'ble President's assent on 1^st January 2014 and was notified on the same day as The Lokpal and Lokayuktas Act,2013 (No.01 of 2014). The Act came into force on 16^th January, 2014 and has been amended once in 2016 since its notification.

Lokpal and Lokayukta are two anti-corruption institutions formed in India in order to combat and prevent corruption in the government and among those in power. Both have some key characteristics of their own and distinctions between them.

Lokayukta

The Lokayukta is an essential institution in India, acting as an anti-corruption authority or ombudsman. The term "Lokayukta" is derived from the Sanskrit words "lok" (people) and "ayukta" (appointed). Lokayukta is the Indian Parliamentary Ombudsman, established through and for each of the State Governments of India.

Its primary purpose is to investigate complaints against public servants at the state level, focusing on issues related to corruption, maladministration, and abuse of power. The Lokayukta was envisioned as an institution to investigate complaints against administrative actions and to enhance the standard of public administration in India.

Scope of Jurisdicton:

• Lokayukta investigates cases related to state government employees, members of legislative assemblies (MLAs) and even high-ranking ministers are subject to scrutiny by the Lokayukta.

Composition and Appointment:

• Lokayukta typically consists of a three-member body.
• The head of Lokayukta can be a retired Judge of the Supreme Court or the Chief Justice/Judge of a High Court.
• An Uplokayukt (Deputy Lokayukta) is appointed, who can be a High Court Judge or a central/state government employee with a pay scale equal to or greater than that of an Additional Secretary to the Government of India.
• The Governor of the concerned state appoints both Lokayukta and Uplokayukta for a fixed term of six years.

Independence and Accountability

• Once appointed, Lokayukta cannot be dismissed or transferred by the government.
• Removal requires passing an impeachment motion by the state assembly.
• Lokayukta operates independently, ensuring impartial investigations.

Impact and Challenges

• Lokayukta plays a crucial role in maintaining transparency and accountability in public administration.
• Challenges include delays in appointments, resource constraints, and political interference.

Lokpal

The Lokpal is a significant institution in India, acting as an anti-corruption authority or ombudsman at a National level. Lokpal is India's first and only institution of its kind. While Lokayukta seems similar, it only operates at a state level, which gives Lokpal a unique status.

It was established through the Lokpal and Lokayuktas Act, 2013, and the primary objective of Lokpal is to investigate and inquire into cases, so as to fight and prevent corruption among the central-government. Lokpal is solely aimed to provide a better, corruption-free administration in the country.

Scope of Jurisdicton:

• Lokpal investigates cases related to Prime Ministers, Union Ministers, Members of Parliament (MPs), Group A Officers, Officials of Central Government Organizations, Boards, Corporations, Societies, and Trust.

Composition and Appointment:

• Lokpal is a multi-member body comprising a chairperson and a maximum of 8 members.
• The chairperson must be either a former Chief Justice of India or a former Judge of the Supreme Court or an eminent person with expertise in anti-corruption policy, public administration, vigilance, and finance.
• The President of India appoints Lokpal members.

Independence and Accountability

• Lokpal operates independently of the government, ensuring impartiality in its functioning.
• This independence is crucial to maintain the integrity of investigations and prevent any undue influence.
• Lokpal's independence allows it to carry out its duties without fear or favor, promoting transparency and public trust.

Impact and Challenges

• Lokpal plays a crucial role in maintaining transparency and accountability in public administration. It has brought greater accountability to public officials by investigating corruption cases at the central level.
• Challenges include delays in appointments, resource constraints, and political interference.

Conclusion

Lokayukta, along with Lokpal (at the federal level), forms a formidable front against corruption. By investigating complaints and holding public servants accountable, Lokayukta contributes to a cleaner and more efficient governance system. In summary, Lokayukta stands as a sentinel, safeguarding the interests of the people and upholding the principles of justice in India.