Hurried Tamil Nadu Lokayukta Bill makes a mockery of its people
Jayaram Venkatesan 11.07.2018
The way the Lokayukta Bill was introduced and hurriedly passed on the last day of the state assembly session gives an inkling about the intention and effort that went into it — making one wonder whether it was done to protect the corrupt or to fight corruption.
The Lokpal and Lokayuktas Act, 2013 was passed in Parliament after a significantly large people’s movement and following a series of consultations. Section 63 of the act clearly stated that every state shall pass a Lokayukta Act within a year of the central act coming into effect. However, Tamil Nadu had no intention of doing so until the Supreme Court asked them to implement Lokayukta and report progress by July 10.
On Monday, the draft bill was placed in the assembly and passed within a few hours without much discussion and zero amendments. Multiple requests from civil society to place the draft bill for public view were not heeded. The need for Lokayukta is to have an independent investigating agency as the present body, Directorate of Vigilance and Anti-Corruption (DVAC), is under the control of the state government. This basic point has been defied in Tamil Nadu’s Lokayukta Bill.
The Lokayukta Bill passed in the assembly is just a copy of the central act with few changes. While the Lokpal has several flaws, the Lokayukta Bill has made it worse. One of the most important requirements of independence in selection and appointment of staff has been ignored. The head of the Lokayukta in Tamil Nadu will be appointed by the chief minister, assembly speaker and opposition leader, making it convenient for the ruling party to have a person of its choice as head.
In contrast, the Lokpal selection committee had the Chief Justice of India and an eminent person selected by the other four apart from the Prime Minister, Speaker of the Lok Sabha and leader of the opposition. Second, with respect to appointment of officials and staff, the Lokpal Act and several other states have given the power to the head of the institution. In Tamil Nadu, this power too rests with the government.
While making inquiries about elected representatives will be done by the Lokayukta, the preliminary investigation of all Group A, B, C, D officials is to be done by the vigilance commission, which is under the state government. For Group A and B officials, the commission will submit a report to the Lokayukta, which will conduct a detailed inquiry if needed. For Group C and D officials, the vigilance commission will decide on the next course of action. This makes the investigation meaningless and dependent on the state. In such a case, the DVAC should have come under the Lokayukta. Further, the Lokayukta after inquiry will forward the report to the competent authority in the government for action. This means the body in TN has no independence in terms of functioning. Lokpal and states such as Bihar, Odisha and Karnataka have their own prosecution wing to chargesheet the accused and prosecute in a special court. Absence of these provisions has meant the Lokayukta in Tamil Nadu will be toothless.
The state government also imposes a limitation of four years regarding filing of complaints from the occurrence of alleged corruption. States like Bihar have no such time restrictions, while Odisha and the Lokpal Act allow for seven years.
States like Odisha and Karnataka, and the Lokpal Act mandate declaration of assets of public servants every year, but the Lokayukta in Tamil Nadu has no such provision. Exempting matters related to local bodies, transfers, postings and contracts from investigation raises serious doubts over the bill.
The bill must be returned by the governor as it lacks the essence of an independent investigation agency.
(The author is convener of the NGO Arappor Iyakkam)
Email your feedback with name and address to southpole.toi@timesgroup.com
Jayaram Venkatesan 11.07.2018
The way the Lokayukta Bill was introduced and hurriedly passed on the last day of the state assembly session gives an inkling about the intention and effort that went into it — making one wonder whether it was done to protect the corrupt or to fight corruption.
The Lokpal and Lokayuktas Act, 2013 was passed in Parliament after a significantly large people’s movement and following a series of consultations. Section 63 of the act clearly stated that every state shall pass a Lokayukta Act within a year of the central act coming into effect. However, Tamil Nadu had no intention of doing so until the Supreme Court asked them to implement Lokayukta and report progress by July 10.
On Monday, the draft bill was placed in the assembly and passed within a few hours without much discussion and zero amendments. Multiple requests from civil society to place the draft bill for public view were not heeded. The need for Lokayukta is to have an independent investigating agency as the present body, Directorate of Vigilance and Anti-Corruption (DVAC), is under the control of the state government. This basic point has been defied in Tamil Nadu’s Lokayukta Bill.
The Lokayukta Bill passed in the assembly is just a copy of the central act with few changes. While the Lokpal has several flaws, the Lokayukta Bill has made it worse. One of the most important requirements of independence in selection and appointment of staff has been ignored. The head of the Lokayukta in Tamil Nadu will be appointed by the chief minister, assembly speaker and opposition leader, making it convenient for the ruling party to have a person of its choice as head.
In contrast, the Lokpal selection committee had the Chief Justice of India and an eminent person selected by the other four apart from the Prime Minister, Speaker of the Lok Sabha and leader of the opposition. Second, with respect to appointment of officials and staff, the Lokpal Act and several other states have given the power to the head of the institution. In Tamil Nadu, this power too rests with the government.
While making inquiries about elected representatives will be done by the Lokayukta, the preliminary investigation of all Group A, B, C, D officials is to be done by the vigilance commission, which is under the state government. For Group A and B officials, the commission will submit a report to the Lokayukta, which will conduct a detailed inquiry if needed. For Group C and D officials, the vigilance commission will decide on the next course of action. This makes the investigation meaningless and dependent on the state. In such a case, the DVAC should have come under the Lokayukta. Further, the Lokayukta after inquiry will forward the report to the competent authority in the government for action. This means the body in TN has no independence in terms of functioning. Lokpal and states such as Bihar, Odisha and Karnataka have their own prosecution wing to chargesheet the accused and prosecute in a special court. Absence of these provisions has meant the Lokayukta in Tamil Nadu will be toothless.
The state government also imposes a limitation of four years regarding filing of complaints from the occurrence of alleged corruption. States like Bihar have no such time restrictions, while Odisha and the Lokpal Act allow for seven years.
States like Odisha and Karnataka, and the Lokpal Act mandate declaration of assets of public servants every year, but the Lokayukta in Tamil Nadu has no such provision. Exempting matters related to local bodies, transfers, postings and contracts from investigation raises serious doubts over the bill.
The bill must be returned by the governor as it lacks the essence of an independent investigation agency.
(The author is convener of the NGO Arappor Iyakkam)
Email your feedback with name and address to southpole.toi@timesgroup.com
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