Kerala Lok Ayukta rejects plea alleging misuse of CMDRF

Subject: Polity

Section: National body

Context:

The Kerala Lok Ayukta on Monday dismissed a plea alleging that the previous LDF government led by Chief Minister Pinarayi Vijayan had misused the Chief Minister’s Distress Relief Fund (CMDRF) to illegally gratify the next of kin of two late political allies and a deceased bodyguard of a departed ruling party leader.

What is Lokayukta?

The Lokayukta is the Indian Parliamentary Ombudsman, executed into power, through and for, each of the State Governments of India.
It is an anti-corruption authority. The object of Lokayukta system in a state is to make investigation of grievances, allegations against public servants.

Origin:

The origin of the Lokayukta can be drawn to the Ombudsman in Scandinavian countries.
In India, the Administrative Reforms Commission, (1966-70), had recommended the creation of the Lokpal at the Centre and Lokayukta in the states.
Before the passing of the Lokpal and Lokayuktas Act in 2013, several states in India passed laws for creating the Institution of ‘Lokayukta’.
Maharashtra was first in this respect with its Lokayukta body established in 1971.

Appointment:

The lokayukta and upalokayukta are appointed by the Governor of the state. While appointing, the governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly.

Tenure:

In most of the states, the term of office fixed for lokayukta is of 5 years duration or 65 years of age, whichever is earlier. He is not eligible for reappointment for a second term.

Issues Related to Lokayukta:

No Clear Legislation: The Lokpal and Lokayuktas Act 2013 only has one section on Lokayukta, which mandates that states must pass the Lokayukta Act within one year and there is no information about their makeup, powers, or other features. States, in fact, have complete autonomy over how their own Lokayuktas are appointed, how they work, and under what conditions they serve.
Delay in Resolution: One of the major challenges faced by the Lokayukta is the delay in the investigation and resolution of complaints.
The Lokayukta is also dependent on the state government for funding and infrastructure, which can lead to interference and lack of independence.

CHIEF MINISTER’s DISTRESS RELIEF FUND (CMDRF)

The CMDRF is a public fund constituted for the purpose of giving relief in cases of privation and also to those affected by fire, flood, cyclone, sea erosion and similar other calamities.
Educational Cultural and Charitable Institutions of a public nature, which are affected by such calamities and whose financial position does not enable them to repair the damage caused to their property and bring them to a normal condition are also eligible for financial assistance from the Fund.
Relief may also be provided from the Distress Relief Fund for the workers thrown out of employment for reasons beyond their control, in units not covered by Employees State Insurance Schemes or Employees Provident Fund Schemes in the traditional sector alone.
Financial Assistance from this Fund will be restricted to cases not covered by other special relief programs of the Government.