CORRUPTION AND LOKAYUKTA

CORRUPTION IN THE NAME OF CORRUPTION

-JAY SINGH RAWAT

Uttarakhand much hyped Lokayukta bill of Uttarakhand could have had a smooth sail from a concept of a chief minister to Rajbhawan in the state but doubts still await the finally passage of this bill even as it brings false cheers to the ruling party camp of Uttarakhand hoping for its encashment in the coming assembly elections in the state. The Central bill has come up and obviously Khanduri’s Lokayukta has gone into the dustbin of history.

BJP, in Uttarakhand was banking on its premature Lokayukta to ensure it a success in the forthcoming assembly elections, the Central Law has already made its way to the states. Thus, Khanduri’s Lokayukta would never see the light of day. Just to show honest face the aim of this entire exercise evidently looks just to win assembly elections. Just to propagate. Just to say Khanduris’s Lokayukta had brought under its ambit all bureaucrats besides ministers and MLAs. But the matter of fact is that this Lokayukta can never grill Chief Minister or Minister even MLSs as Khanduri has made it impossible in his Lokayukta. Interestingly, the present tooth less Lokayukta is much better than Khanduri’s brain child.. The Lokayukta then was in position to probe the misdoings of ministers and senior officers. If you want to lodge a complaint against Chief Minister.

We have three pillars of democracy and Constitution of India had already specified rights and duties of both Center and states. Our constitution draws line between all pillars of our parliamentary democracy. But not only the federal structure but the system of all three pillars of our parliamentary democracy Khanduri’s lokayukta was a violation of the Constitution. For you example lower judiciary works under high court but by bringing it under ambit of enquiry, the Khanduri Lokayuktat has even encroached upon the jurisdiction of the judiciary, one of the four pillars of democracy. Even IAS and IPS services that are subject of union government by central service rules have been infringed upon by the state government encroaching the jurisdiction of Central government.

As far as practicality of Lokayukta is concerned, it is not as easy as said. Lokayukta could also become autocratic by the virtue of powers vested in it. While team Anna wants the entire CBI in Lokpal, Uttarakhand government has just brought a DSP level police officer under Lokpal leaving the entire vigilance department. Interestingly, while Lokayukta calls for a check on corruption, even a small probe against MLA or minister will require prior approval of 7 member Lokayukta board headed by a chairman and a consensus among these can lead a way to probe, which looks impossible. Further, these members are to be appointed with the consent of both chief minister and the leader of the opposition thereby putting a question mark in the credibility.

In Uttarakhand, Lokayukta has to be selected by a seven member committee comprising Chief Minster, leader of Opposition, two judges of high court and senior most member in earlier Lokayukta office and other two members. But constituting this committee is in itself a vexed issue.

It is noteworthy that the administrative reforms commission headed by Morarji Desai had in 1966 had recommended a Lokpal at national level and also termed necessary setting up of Lokayukta at state level. But with centre contemplating such a bill, Khanduri government in order to score a point went for a hasty bill. On the other hand the the new Central law which is in the pipeline is catering the need of hour. Veerapa Moily headed second Administrative Reforms Commission has some time back in a Lokayukta conference in Dehradun had said the state assemblies had to ratify the new Lokayukta being brought by the centre. Today 18 states in the country have Lokayukta but besides Karnataka, all the Lokayukta are teeth less.

The new proposed law that is in the pipeline keeps provision of a Lokayukta and 2 deputy Lokayukta. It calls for making a former judge of supreme court or chief justice of high court the Lokayukta. Further, it directs for making vigilance commissioner and judge or administrator as deputy lokayukta. But if the Uttarakhand had waited for the Centre bill, it could have failed to encash on Lokayukta issue before elections