Address At The Inauguration Of The Viii All India Lokayukta/lokpal/upa-lokayuktas Conference, Dehra Dun

REVITALISING LOKAYUKTA AND ITS MISSION

I am delighted to participate in the inauguration of the Eighth All India Lokayukta/Lokpals/Upa-Lokayukta Conference organized by All India Association of Lokayuktas. My greetings to the organizers, eminent jurists, legal luminaries, Lokayuktas, Upa-Lokayuktas, participants and other distinguished guests.

Status of Lokayukta Laws

I am informed that Lokayukta laws are in force in seventeen States, viz., Orissa, Maharashtra, Rajastan, Bihar, Uttar Pradesh, Madhya Pradesh, Andhra Pradesh, Himachal Pradesh, Karnataka, Assam, Gujarat, Delhi, Punjab, Kerala, Haryana, Chattisgarh and Uttaranchal. I understand that the posts of Lokayuktas in Punjab and Himachal Pradesh are vacant at present.

Even though the necessity of Lokpal/Lokayukta was felt in the early 1960s itself, we find that large number of States and union territories are not having this institution. Also the apex body, i.e. Lokpal is yet to be instituted. Lokpal/Lokayukta is expected to work as people's prosecutor enquiring into citizens complaints against mal-administration. This situation needs the immediate attention of all the elected representatives who are primarily responsible for accountability in governance. I would urge all the State Governments to institute the Lokayuktas in their respective States in a time bound manner within the next three months, where the mechanism does not exist at present.

Promotion of transparent governance

The responsibility for good, transparent governance of the people of the country lies with the elected representatives. The elected representatives in turn are supported by the bureaucracy in implementation of their schemes. The transparency and the goodness of implementation can be made visible either through technology or through an independent body providing an independent adjudicating and speedy settlement mechanism; or both.

In a developing economy, socio economic development is a mammoth task involving deployment of large amount of resources. Execution of these tasks require empowerment of the political executive and bureaucracy. They are expected to work like a proverbial fish in the water without gulping any quantity of water. It is also a fact that in the name of socio economic development a lot of power is vested with the political executives allowing much dynamism and initiative and also vast financial powers. There is a growing feeling in the minds of the people, that there are forces at work which can negate the rule of law. Our country?s citizenry has started articulating the concern that crimes committed by those who are highly placed in the society remain unpunished.

As is evident, the main target of investigation of Lokayuktas/Lokpal is the political executive. The functions sought to be invested with them no doubt opens up pandora?s box, as the complaints are of politically sensitive nature. However, surprisingly, in most cases of existing Lokayuktas, it is found that MLAs are kept out of the Lokayukta?s purview on the plea that they cannot be placed in the category of public servant. This point was highlighted in a recent case in Karnataka when a case was brought before the Lokayukta of that State. Since retired/eminent judges are heading Lokayuktas it is essential for them to clearly interpret who are included in the purview of Lokayuktas. If that aspect is not clear this Conference should debate, so that appropriate recommendations can be made to the Government.

Need of monitoring mechanism

It is said: ?Justice should not only be done but seem to be done?. To promote this visibility in the administration to all the participants of democracy, an independent body outside the system is essential, since it is not desirable for one to judge his own actions. Lokpal/Lokayukta is expected to fill the need of this independent institution which is essential to maintain the vibrancy of a democracy with in-built self-imposed checks and balances. This mechanism will make the people believe that what is wrong, irregular and unethical will not be exonerated by you, Lokayuktas. And you will be able to garner the trust, respect and yearning of the people and make this institution a household name.

The Institution of Lokayukta has been made to expedite justice delivery system. In all the States, grievances and allegations can be raised before the Lokayukta without any fees or charges or any formality. It has been found that most of the grievances come before the Lokayukta due to commission or omission of functionaries while implementing the welfare schemes. In addition to the above the Lokayukta has to investigate the charges of corruption, abuse of power, maladministration and nepotism and submit their report. If no action is taken on the report within three months, the report is sent to the Governor, who may place it in the Legislative Assembly.

Karnataka Model

There is a model available in Karnataka, where the Lokayukta has become pro-active in unearthing corruption and irregularities in various Government departments. Having more powers than his counterparts in other States, he visits offices and hospitals to personally check on cases of irregularities and corruption. Due to the proactive action, I understand that Lokayukta has been able unearth property worth Rs.250 Crores which was amassed disproportionate to known sources of income.

Jurisdiction of Lokayuktas

The jurisdiction of the Lokayuktas has been a great subject of debate in the country. In some States it has been made applicable over all elected representatives including the Chief Minister. In some other States it has no power over the Chief Minister and MLAs. In yet other States, the Chief Minister and bureaucracy are outside its purview. Thus we can see, there is no uniform thinking in the jurisdiction of Lokayukta all over the country.

In my view all elected representatives and all top level executives in the States who are responsible for executing the schemes of the Government should be brought under the purview of this body. I would even suggest that the office of the fountain head of judiciary, which in our system is the President, be also brought under the purview of Lokpal. However, it is to be ensured by the Lokayukta that the elected representatives and the Govt servants do not become a victim of vilification campaign by vested interests. Sufficient safeguards have to be built in to ensure that no pathfogging takes place to redicule these high offices just for the sake of doing so.

Unbiased timely justice

?Justice delayed is justice denied?. Also, in a developing economy the omissions and commissions should not be allowed to damage and distort the economic outcome of a project through protracted legal process. The Lokayukta institution must ensure speedy delivery system which can be incorporated as a mid course correction with minimum damage to the development process. It is of utmost importance that the investigative findings of Lokayuktas are made actionable and the process of investigation and prosecution remain insulated from political influences. This can also be discussed in this conference.

I was going through the report ?30 years of Lokayukta in Rajasthan? which says that the institution of Lokayukta has been ornamental there. Government has not accepted or implemented any recommendation of the Lokayukta except in some cases of minor grievances. This is corroborated by a researched article published by a newsmagazine in July 2003, which States the same condition prevails in almost all the States, where the Lokayukta is functioning at least nominally.

The Lokpal/Lokayukta is meant for the common man, who is the most important element of the democratic system and has a stake in its stability and existence. If the system becomes autocratic, oppressive and arbitrary it is for the common man to rise against it. A Lokpal/Lokayukta in this regard comes forward to the front line to restore the faith of the people in democracy.

I understand that there is no uniformity in legislation made in the various States regarding the functioning of the Lokayuktas and most Statutes do not grant adequate powers to the Lokayuktas. In the various States? acts jurisdiction vary and the classes of persons to be covered also vary. There is need to address this anomaly in the national scale. I was also told that a model Lokayukta Act was prepared by the participants of previous conference. It may be appropriate for the Government to appoint a review committee of jurists to review the model Lokayukta Act, with a view to injecting more simplicity, which, after public debate, can be made applicable on a national scale.

Selection of Lokayuktas/Lokpal

The selection of Lokayukta and Lokpal needs special attention. The wide spread suspicion among the citizens about administrative and political corruption corrodes the very roots of democracy. During my interaction with students, I find this thought is commonly prevalent in the minds of our younger generation. To revive the confidence of citizens and also to shore up the position of our nation in the corruption perception index, it is essential to strengthen the internal checks and balances of the democratic system through a constitutionally instituted mechanism. In this effort, Lokpal/Lokayuktas can play a pivotal role.

To add respect, dignity and confidence in these institutions, the appointment of Lokpal/Lokayukta can be done by a two stage selection and appointment process. In the first stage, the short listing of promising candidates for appointment as Lokayukta/Lokpal can be made by a duly appointed collegium of prominent members drawn from all walks of society. They may recommend, a few suitable names for each Lokayukta/Lokpal/Upa-Lokayukta appointment to the Government. A uniform service/appointment conditions of the Lokpal/Lokayuktas have to be evolved.

Conclusion

I am sure this conference can debate my lecture and put forward their considered recommendations needed to the appropriate agency. The issues to be discussed are:

a) Time bound installation of Lokpal/Lokayukta institution and the mechanism of administering it in all the States/Centre including specificity in jurisdiction and review and approval of model Lokpal/Lokayukta Act.

b) Empowerment of the Lokpal/Lokayuktas to facilitate and become an effective instrument of transparent governance.

c) Methodology of implementation of recommendations of Lokpal/Lokayuktas.

d) Review mechanism of the functioning of Lokpal/Lokayuktas institutions in the country.

I am confident that the Lokpal will be in place at the centre in the very near future and it will be followed in the States where presently Lokayukta institution is not in place. I am sure in times to come the Lokayukta/Lokpal would emerge as a powerful effective institution with a strong moral force that would serve as a healthy check against the abuse of authority by certain elements in the society and make India a model of transparent progressive democracy.

My best wishes for success in your deliberations in the mission of vitalizing the institution of Lokayuktas/Lokpal.

May God bless you.