HC abolishes Karnataka ACB under state govt, shifts cases to Lokayukta
- August 12, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
No Comments
HC abolishes Karnataka ACB under state govt, shifts cases to Lokayukta
Subject :Polity
Section: Constitutional bodies
Context: The court said it is “high time” the state government strengthened the institution of Lokayukta and Upa-Lokayukta and got back their “glory”. It observed that the institution of Lokayukta has been reduced to being “paper tigers” by the March 14, 2016 executive order to transfer police powers to ACB.
- The HC stated that “there was no necessity for the State Government to constitute ACB parallel to the institution of Lokayukta, that too when a person to be appointed as Lokayukta shall be a person who has held the office of a Judge of Supreme Court, or that of the Chief Justice of a High Court, or a person who has held the office of a Judge of a High Court for not less than ten years; and a person to be appointed a Upa-Lokayukta shall be a person who has held the office of a Judge of a High Court for not less than five years.”
Concept :
What are Lokpal and Lokayukta?
- The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and Lokayukta for States.
- These institutions are statutory bodies without any constitutional status.
- They perform the function of an “ombudsman” and inquire into allegations of corruption against certain public functionaries and for related matters.
What is the Structure of Lokpal?
- Lokpal is a multi-member body, that consists of one chairperson and a maximum of 8 members.
- Chairperson of the Lokpal should be either the former Chief Justice of India or the former Judge of Supreme Court or an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
- Out of the maximum eight members, half will be judicial members and minimum 50% of the Members will be from SC/ ST/ OBC/ Minorities and women.
- The judicial member of the Lokpal either a former Judge of the Supreme Court or a former Chief Justice of a High Court.
- The non-judicial member should be an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
- The term of office for Lokpal Chairman and Members is 5 years or till the age of 70 years.
- The members are appointed by the president on the recommendation of a Selection Committee.
- The selection committee is composed of the Prime Minister who is the Chairperson, Speaker of Lok Sabha, Leader of Opposition in Lok Sabha, Chief Justice of India or a Judge nominated by him/her and One eminent jurist.
- For selecting the chairperson and the members, the selection committee constitutes a search panel of at least eight persons.
What comes under the Jurisdiction of Lokpal and its Powers?
- Jurisdiction of Lokpal includes Prime Minister, Ministers, members of Parliament, Groups A, B, C and D officers and officials of Central Government.
- Jurisdiction of the Lokpal included the Prime Minister except on allegations of corruption relating to international relations, security, the public order, atomic energy and space.
- The Lokpal does not have jurisdiction over Ministers and MPs in the matter of anything said in Parliament or a vote given there.
- Its jurisdiction also includes any person who is or has been in charge (director/ manager/ secretary) of anybody/ society set up by central act or any other body financed/ controlled by central government and any other person involved in act of abetting, bribe giving or bribe taking.
- The Lokpal Act mandates that all public officials should furnish the assets and liabilities of themselves as well as their respective dependents.
- It has the powers to superintendence over, and to give direction to CBI.
- If Lokpal has referred a case to CBI, the investigating officer in such case cannot be transferred without the approval of Lokpal.
- The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.
- Lokpal has powers of confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances.
- Lokpal has the power to recommend transfer or suspension of public servant connected with allegation of corruption.
- Lokpal has the power to give directions to prevent the destruction of records during the preliminary inquiry.
What are the Key Provisions of the Lokpal and Lokayuktas (Amendment) Act, 2016?
- It amended the Lokpal and Lokayukta Act, 2013.
- It also amended section 44 of the 2013 Act that deals with the provision of furnishing of details of assets and liabilities of public servants within 30 days of joining the government service.
- It replaces the time limit of 30 days, now the public servants will make a declaration of their assets and liabilities in the form and manner as prescribed by the government.
How does Lokayukta Work in the States?
- Section 63 of the Lokpal and Lokayuktas Act, 2013 states: “Every state shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Legislature”.
- It will be created to deal with complaints relating to corruption against certain public functionaries, within a period of one year from the date of commencement of this Act.
- However, the law is a mere framework, leaving it to the states to decide the specifics.
- Given that states have autonomy to frame their own laws, the Lokayukta’s powers vary from state to state on various aspects, such as tenure, and need of sanction to prosecute officials.
- When the 2013 Act was passed, Lokayuktas were already functioning in some states – including in Madhya Pradesh and Karnataka where they were very active.
- Following the Act and the intervention of the Supreme Court, most states have now set up a Lokayukta.