Probity in Governance

Model Answer

Introduction

The Lokayuktas were established under the Lokpal and Lokayuktas Act, 2013, to act as anti-corruption ombudsmen at the state level, tasked with investigating allegations of corruption against public functionaries. However, the institution has faced challenges in fulfilling its intended role, and there has been a growing call for strengthening its powers to enhance its effectiveness in addressing corruption and maladministration.

Issues Hindering the Effectiveness of Lokayuktas

1. Lack of Clear Legislative Framework
   The Lokpal and Lokayuktas Act, 2013 mandates the establishment of Lokayuktas but does not provide detailed provisions on their composition, powers, or operational guidelines. States are required to pass their own Lokayukta laws, but many have failed to do so, leading to inconsistencies in the functioning of these institutions (Source: Lokpal and Lokayuktas Act, 2013).
2. Conflict of Interest in Appointment Process
   The process of appointing Lokayuktas often involves political figures, which can lead to a conflict of interest, as the body is tasked with investigating politicians and public officials. This undermines the institution’s independence and effectiveness in tackling corruption (Source: Public Administration Review).
3. Delayed Appointments and Vacancies
   Prolonged vacancies in the Lokayukta positions in various states impede the smooth functioning of the institution. Delays in appointments reduce the accountability of public officials and affect the timely investigation of corruption cases (Source: The Hindu, 2022).
4. Lack of Jurisdictional Consistency
   There is a lack of uniformity in the jurisdiction of Lokayuktas. In some states, the Chief Minister is within the Lokayukta’s jurisdiction, while in others, such as Uttar Pradesh and Bihar, the Chief Minister is excluded. This inconsistency creates confusion and limits the scope of the Lokayukta’s investigations (Source: India Today, 2021).

Recommendations to Strengthen Lokayuktas

1. Enhanced Powers and Autonomy
   Lokayuktas should be granted more comprehensive powers, including the ability to investigate all state government employees, local bodies, and state corporations. They should also have financial and managerial autonomy to function independently (Source: The Hindu).
2. Transparent Appointment Process
   To ensure impartiality, the appointment of Lokayuktas should be transparent and free from political influence. Clear guidelines for the selection process should be established to avoid conflicts of interest (Source: The Times of India, 2023).
3. Whistleblower Protection and Legal Backing
   A robust legal framework to protect whistleblowers is essential to encourage reporting of corruption without fear of retaliation. Lokayuktas should be empowered to offer this protection and initiate inquiries independently, with dedicated police and prosecution wings (Source: The Economic Times, 2023).
4. Clear Accountability Mechanisms
   States should be required to provide written reasons when rejecting recommendations made by the Lokayukta. This will enhance transparency and accountability in the functioning of state governments (Source: India Today, 2022).

Conclusion

Strengthening the powers of Lokayuktas is critical for addressing corruption and ensuring accountability in governance. By providing the institution with greater autonomy, clear jurisdiction, and adequate protection for whistleblowers, Lokayuktas can fulfill their intended role in promoting good governance and anti-corruption efforts across India.