Lokpal and Lokayuktas

• Modern democratic states are welfare states.
• The citizens’ grievances redressal Organisation

1.The Ombudsman System

2.The Administrative Courts System

3.The Procurator System

• The earliest democratic institution for the redressal of citizens’ grievance created in the world is the Scandinavian institution of Ombudsman.
• The Ombudsman was first created in Sweden in 1809.
• Other Scandinavian countries– Finland (1919), Denmark (1955) and
• Norway (1962) established their ombudsman respectively.
• New Zealand is the first Commonwealth country in the world to have adopted the Ombudsman system in 1962.

Note:

Donald. C. Rowat says that the institution of Ombudsman is a “bulkwork of democratic government against the tyranny of officialdom.” While Gerald E. Caiden described the Ombudsman as “institutionalised public conscience.”

‘Procurator System’, the other form of Ombudsman, is established in - USSR (now Russia), China, Poland, Hungary, Czechoslovakia and Romania (The socialist countries).

In India

• The Ombudsman in India is called Lokpal/Lokayukta.
• The existing legal and institutional framework to check corruption and redress citizens’ grievances in India

1. Indian Penal Code, 1860

2. Prevention of Corruption Act, 1988

3. Central Bureau of Investigation, 1963

4. Central Vigilance Commission, 1964

5. State Vigilance Commissions, 1964

6. Anti corruption bureaus in states

7. Lokpal (Ombudsman) at the Centre

8. Lokayukta (Ombudsman) in states

9. National Consumer Disputes Redressal Commission

10. National Commission for SCs

11. National Commission for STs

12. Supreme Court and High Courts in states

13. Administrative Tribunals (quasi-judicial bodies)

14. Parliament and its committees

15. File to Field’ programme in some states like Kerala

Lokpal

• The Administrative Reforms Commission (ARC) of India (1966–1970) recommended the setting up of two special authorities designated as‘Lokpal’ and ‘lokayukta’ for the redressal of citizens’ grievances.
• These institutions were to be set up on the pattern of the parliamentary commissioner for investigation in New Zealand.
• The Lokpal would deal with complaints against ministers and secretaries at Central and state levels.
• The lokayukta (one at the Centre and one in every state) would deal with complaints against other specified higher officials. So far, ten official attempts have been made to bring about legislation on this subject.
• The Lokpal and Lokayuktas Act, 2013.
• The jurisdiction of Lokpal includes the Prime Minister, Ministers, Members of Parliament and Groups A, B, C and D officers and officials ofthe Central Government.

Lokayuktas

• The institution of lokayukta was established first in Maharashtra in 1971. Till 2013, 21 states and 1 Union Territory (Delhi) have established the institution of Lokyuktas.
• The structure of the lokayukta is not same in all the states.
• The lokayukta and upalokayukta are appointed by the governor of the state. The term of office fixed for lokayukta is of 5 years duration or 65 years of age.
• The lokayukta is responsible to the state legislature. The recommendations made by the loka-yukta are only advisory and not binding on the state government. Lokayukta institution is not established in Tamilnadu so far.