The Lokayukta in Maharashtra

In 1966, the first Administrative Reforms Commission (ARC), chaired by Morarji Desai, recommended that India create two special institutions to handle citizens' complaints against the government: a Lokpal at the national level and Lokayuktas in the states. The idea came from the Scandinavian ombudsman. Parliament took nearly five decades to create the Lokpal. Maharashtra acted within a few years, setting up its Lokayukta in 1972 — among the first states to do so.

The idea of the ombudsman

An ombudsman is an independent official who investigates complaints of maladministration and corruption by public servants. The institution began in Sweden in 1809. Its key features:

• independence from the executive;
• accessibility to ordinary citizens;
• power to investigate and recommend, rather than to prosecute or punish directly.

The Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971

Under this Act:

• The Lokayukta and Upa-Lokayukta(s) are appointed by the Governor, after consultation with the Chief Justice of the Bombay High Court and the Leader of the Opposition.
• The Lokayukta is usually a former judge of the High Court or Supreme Court.
• They investigate complaints of maladministration, corruption, favouritism and lack of integrity against specified public servants.

Jurisdiction

The Lokayukta could inquire into complaints against:

• ministers (other than the Chief Minister under the original law);
• secretaries and other senior officials;
• heads of local bodies and state public undertakings, as specified.

The Upa-Lokayukta dealt with complaints against other officials.

Powers and limits

• The Lokayukta has the powers of a civil court for summoning witnesses and requiring documents.
• After an investigation, the Lokayukta submits recommendations to the competent authority, which must report the action taken.
• An annual report is placed before the Legislature.
• The Lokayukta cannot itself prosecute or punish; it depends on the government acting on its recommendations.

The Lokpal and Lokayuktas Act, 2013

After the anti-corruption movement of 2011, led by Anna Hazare (from Ralegan Siddhi in Maharashtra), Parliament passed the Lokpal and Lokayuktas Act, 2013.

• It created the Lokpal at the national level.
• Section 63 requires every state to establish a Lokayukta by a state law within one year of the Act's commencement — but leaves the structure and powers to the states.

Many states, including Maharashtra, faced demands to strengthen their Lokayukta laws in line with the Lokpal model.

A new Maharashtra Lokayukta law

After renewed campaigning — including by Anna Hazare — the Maharashtra government brought a new Maharashtra Lokayukta Bill, which the Legislature passed in 2022–23. Features reported include:

• bringing the Chief Minister and ministers within the Lokayukta's jurisdiction, with safeguards (for example, special procedures or approvals for inquiries against the CM);
• a selection committee for appointments;
• an investigation and prosecution wing;
• time limits for inquiries.

Other anti-corruption institutions in Maharashtra

Maharashtra's ACB has been known for publicising a toll-free helpline and a relatively high number of trap cases, compared with many other states.

Challenges

Strengthening the Lokayukta

Reform suggestions commonly include:

• an independent investigation wing;
• financial autonomy;
• time-bound inquiries;
• binding recommendations in certain cases;
• whistleblower protection;
• online complaint systems and awareness campaigns.

Practice

Prelims-style:

1. Which commission first recommended Lokpal and Lokayuktas?
2. When did Maharashtra establish its Lokayukta?
3. Whom does the Governor consult before appointing the Lokayukta under the 1971 Act?
4. Which section of the Lokpal and Lokayuktas Act, 2013 requires states to set up Lokayuktas?
5. Which country created the first ombudsman?

Mains-style:

• "Lokayuktas in India are watchdogs without teeth." Critically examine with reference to Maharashtra.
• Discuss the role of citizen movements in strengthening anti-corruption institutions.