Lok Pal/Lokayukta in India

Corruption Perceptions Index- Transparency International

10 – Very Clean0 – Most Corrupt

CPI generally defines corruption as "the misuse of public power for private benefit”

Causes of Corruption in India- KPGM Report

• High taxes and Excessive regulation bureaucracy • This power to search & question created

opportunities• Major cause of Corruption - Paying of Corrupt

Official is cheaper than Tax• Lower tax, Lower revenue for State & Higher Bribe• Lack of Transparency• Lack of Transparent Laws & processes.

Need of the hour

• Regulatory Reforms – Anti Corruption Laws• Process Simplification• Lower Taxes

Anti-Corruption Laws in IndiaPublic servants in India can be penalized for corruption under the

• Indian Penal Code, 1860• The Prevention of Corruption Act,1988• The Benami Transactions (Prohibition) Act, 1988 to prohibit benami

transactions.• Prevention of Money Laundering Act,2002

India is also a signatory (ratified on May 2011) to the UN Convention against Corruption since 2005. The Convention covers a wide range of acts of corruption and also proposes certain preventive policies.

* The Lokpal Bill,2011 is a bill pending before the Rajya Sabha.*India's lower house of parliament voted to pass The Whistle Blowers Protection

Bill, 2011. The bill is now pending in its Rajya Sabha

LokAyukta• The Lokayukta (also Lok Ayukta) is an anti-corruption ombudsman*

organization in the Indian states.• The Administrative Reforms Commission (ARC) headed by Morarji Desai

submitted a special interim report on "Problems of Redressal of Citizen's Grievances” in 1966. In this report, the ARC recommended the setting up of two special authorities designated as ‘Lokpal' and 'Lokayukta' for the redressal of citizens' grievances.

• The LokAyukta, along with the Income Tax Department and the Anti Corruption Bureau, mainly helps people bring corruption amongst the politicians and officers in the government service to public attention.

• Constitutional Amendment for Effectiveness to have Lok Ayukta uniform in all states - uniform across the country as a three-member body, headed by a retired Supreme Court judge or high court chief justice and comprising the state vigilance commissioner and a jurist or an eminent administrator as other members.

*state official appointed to provide a check on government activity in the interests of the citizen

Lokayukta/Lokpal/Lokaayog in Indian States

• Lokayukta, Andhra Pradesh• Lokayukta, Assam• Lokayukta, Bihar• Lok Aayog Adhyadesh(ordinance), Chattisgarh• Lokayukta, Delhi• Lokayukta, Gujarat• Lokayukta, Jharkhand• Lokayukta, Haryana• Lokayukta, Himachal Pradesh• Lokayukta, Karnataka• Lokayukta, Kerala• Lokayukta, Madhya Pradesh• Lokayukta, Maharashtra• Lokpal, Orissa• Lokpal, Punjab• Lokayukta, Rajasthan• Lokayukta, Uttarakhand - adopted from Uttar Pradesh• Lokayukta, Uttar Pradesh

States without Lokayukta• Arunachal Pradesh• Jammu and Kashmir• Manipur• Meghalaya• Mizoram• Nagaland• Sikkim• Tamil Nadu• Tripura• West Bengal

WIP• Goa

Group A, B, C, D• Class I or Group A-Executive power vested in these categorised public servants with decision making powers:

Lieutenant and above in Indian Army, members of All India Services , though posted to states; State Government Services (selected through Public Service Commissions in States) or promoted public servants/ officers from states to the cadre of Assistant Commissioner or above and to the cadre of All India services; Police officers of Circle Inspector and above; Additional District Civil surgeons, Executive Engineers and above, District Medical Officer and above, Principals and faculties of government degree colleges,Patent Examiner (Official Designation- Examiner of Patent and Design), Geologists of Geological Survey of India etc are Gazetted officers and have the authority to verify and attest documents. Further, Group A Gazetted officers are not required to sign attendance registers unlike their subordinates and are expected to be on duty 24X7. This post may be considered as being equivalent to managerial posts in the private sector.

• Class II or Group B-Officers with limited supervisory or subordinate managerial role:In Army - Naib Subedar, Subedar & Subedar Major, AAO in C & AG (Controller General of Defence Accounts); Air Force - Junior warrant officer to Master Warrant Officer, Section Officer; BDO, Tahsildar, Junior Doctors in Government hospitals, TDO ,Assistant Executive Engineer, Lecturers in government intermediate/senior secondary education institutes or schools, Headmaster of Government high schools and Government Aided Higher Secondary Schools, Magistrate (SDM) and CO (police department) etc.

• Class III or Group C-Semi skilled with no or lesser decision making authority:Clerk, Head clerk, [Naik to Havaldar], Havaldar major (army) LAC/AC/CPL/Sergent (AIR FORCE), NCOs, Assistant, Typist, Stenographer, Income Tax Inspector, Tax Assistant, Telephone operator, etc.

• Class IV or Group D-manual workers, Unskilled or semiskilled:Peon, attender, gardener, driver etc.

Comparative Statements

Comparative Statements

Lokpal/Lokayukta and Lower Bureaucracy

• 20 million Govt Employees (incl PSUs)• High Authorities addressing grand corruption, infusing confidence in

public minds, and creating a climate of transparency and probity• If Top is cleaned up, rest of the machinery will be cleaned up.• Goal – Top 100 corrupt convicted every year and properties

confiscated• If it is applied for lower level, purpose will be defeated. CVS/VCS for

lower level• 2nd ARC CVC as Ex-officio member of Lokpal VC in state as Ex-officio

of Lokayukta. • If CVC/VC are appointed similar to LokAyuktas it will be very

effective.

Lokpal/Lokayukta and Lower Bureaucracy (contnd..)

• Lokpal/Lokayukta can also investigate lower level , whenever it is warranted but the focus should be top level.

• Same logic for Grievance redressal Independent grievance redressal should be created and they should function under guidance of Lokpal/Lokayukta.

• Should have powers to recommend removal of public servants after investigation.

• No further inquiry once Lokpal/Lokayukta give their findings.

Conduct of Legislators in House• Corruption/Abuse of Office to be brought under LokPal/Lokayukta• Elected Representatives to be declared explicitly as Public servants so that

under Lokpal/Lokayukta legislation Prevention of Corruption Act applies automatically

• Respect Article 105(2)• If a member misbehaves – it is for the House to act.• Such immunity does not apply to Corruption. But if he takes money for

questions or vote; if MP LAD funds are misutilized for sanctioning work it is Corruption

• Corrupt practices in discharge of Constitutional duties under Lokpal/Lokayukta. Actual conduct should be left to house.

*105(2) - No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof.

Lokpal and Judiciary

• Should Judiciary be brought under LokPal.?• Judiciary – Most Trusted Indian Institution• Recent Distortions• Judiciary under Lokpal feasible?• Independent, Empowered National Judicial

commission the best way out.– Creation of NJC– Replacing impeachment with more effective mechanism– Creation of AIJS envisaged

LokPal and PM

• Mixed Views• Demand for PM’s inclusion• Pivotal, unparalleled role of PM

– Therefore, those who argue that the PM is like any other Member of Parliament or any other Minister are only technically correct.

– In reality, in all countries following the Parliamentary executive model drawing Cabinet from the legislature, the PM became the leader of the country and the government.

• PM accountable to Parliament• Finally, don’t exclude the CMs!

Dr.JP’s presentation to Standing Committee

• Citizen Charter – applicable only to notified agencies where there are no supply constraints

• Grievance Redressal – Separate Mechanism and they should not come under L/L.

• “I am going to argue that the Lokayukta must be mandatorily created and the law must be under article 253”

* Article 253 - Legislation for giving effect to international agreements Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body

THE TRINITY OF THE LOKPAL, CBI AND CVC : IN SEARCH OF AN EQUILIBRIUM

• It cannot be a separate parallel body fully dealing with all cases of investigation. That simply is not possible. For 64 years we could not build a CBI which has more than 2000 investigative officers. To think that tomorrow overnight you can build an agency with some 50000 investigators, it is not realistic. We must utilize the existing strength and expand it and bring more expertise and more technology and more manpower, more resources to CBI and make it strong, effective and accountable rather than deplete existing institutions..... So, some kind of a provision in the law also will be helpful subject to the caveat in States Lokayuktas but at the national level as we submitted earlier the CVC is fully capable of handling it with the changes that we proposed. But the CBI must be strengthened and Section 6A of the Delhi Police Establishment Act must go and the relaxation given to Lokpal institution in respect of prosecution must apply to all cases....."

Independent and empowered Anti-corruption mechanism for India

• We need to create a strong, independent, empowered Lok Pal

with adequate resources. The CVC and CBI should function within the purview of Lok Pal. The anti-corruption wing at national and local levels should be completely independent of political and partisan control. They should be under Lok Pal / Lok Ayuktas, similar to the Independent Anti-Corruption Commission (IACC) created in Hong Kong in 1974. The Anti-corruption law should be tightened as recommended by the Second Administrative Reforms Commission. There should be independent prosecutors drawn from judiciary to prosecute corruption cases. Special Courts, confiscation of property and swift justice should be the essential ingredients of our anti-corruption strategy.

Karnataka LokayuktaThe public servants who are covered by the Act include :- • Chief Minister;• all other Ministers and Members of the State Legislature;• all officers of the State Government;• Chairman, Vice Chairman of local authorities, Statutory bodies or

Corporations established by or under any law of the State Legislature, including Co-operative Societies;

• Persons in the service of Local Authorities, Corporations owned or controlled by the State Government, a company in which not less than 50% of the shares are held by the State Government, Societies registered under the State Registration Act, Co-operative Societies and Universities established by or under any law of the Legislature.

Karnataka Lokayukta (Contnd..)• Where, after investigation into the complaint, the Lokayukta considers that

the allegation against a public servant is prima facie true and makes a declaration that the post held by him, and the declaration is accepted by the competent authority, the public servant concerned, if he is a Chief Minister or any other Minister or Member of State Legislature shall resign his office and if he is any other non-official shall be deemed to have vacated his office, and, if an official, shall be deemed to have been kept under suspension, with effect from the date of the acceptance of the declaration.

• If after investigation, the Lokayukta is satisfied that the public servant has committed any criminal offence, he may initiate prosecution without reference to any other authority. Any prior sanction required under any law for such prosecution shall be deemed to have been granted.

Re-cap of Lok Satta’s Position

Lokayukta in Tamilnadu

Time for Lok Satta Party to play a role………