“The Odisha Lokayukta is an institution for clean Governance.” Discuss its jurisdiction and functions.

📝Model Answer

Introduction

The Odisha Lokayukta is a statutory anti-corruption ombudsman established under the Odisha Lokayukta Act, 2014, enacted in compliance with the Lokpal and Lokayukta Act, 2013, which mandated every state to establish such an institution. Odisha, a pioneering state in this effort, established the body with the objective of ensuring the highest standards of integrity in public services and eradicating corruption in public life.

Background and Establishment

1. Statutory basis – Enacted as the Odisha Lokayukta Act, 2014, which came into force from 7 July 2018.
2. Institution established – The body of the Lokayukta was formally established with effect from 28 February 2019 / 20 March 2019.
3. Replacing the Lokpal – With the Act’s commencement, the earlier institution of Lokpal in Odisha stood abolished, with pending inquiries and proceedings transferred to the Lokayukta.
4. Composition – Comprises a Chairperson (a sitting or retired High Court judge) and Members, appointed by the Governor on the recommendation of a Selection Committee headed by the Chief Minister, including the Leader of Opposition, the Chief Justice of the Odisha High Court (or a nominated judge), and a jurist appointed by the Governor.

Jurisdiction of the Odisha Lokayukta

1. Political functionaries – Covers any person who is or has been the Chief Minister or any other Minister of the State.
2. Legislators – Extends to any person who is or has been a Member of the Odisha Legislative Assembly.
3. Local body representatives – Covers Chairpersons and Members of a Panchayat or Municipality.
4. Public servants – Applies to employees of the State serving in connection with the affairs of the State, as defined under the Prevention of Corruption Act, 1988.
5. Extra-territorial reach – Empowered to inquire into allegations of corruption against public servants of Odisha serving both within and outside the state, as well as those under the control of the State Government.
6. Non-governmental entities – Covers NGOs, contractors (firms and persons) dealing with government money, bringing private actors handling public funds within its ambit.

Functions and Powers

1. Preliminary inquiry – Conducts preliminary inquiries into complaints of corruption received against covered public functionaries.
2. Investigation – Has powers to investigate allegations, including through its Directorate of Inquiry.
3. Prosecution – Maintains a Directorate of Prosecution to pursue prosecution of offences established under the Prevention of Corruption Act, 1988.
4. Search and seizure powers – Vested with powers akin to those under the Civil Procedure Code for conducting inquiries and investigations effectively.
5. Public grievance redressal – Allows any common citizen to directly approach the Lokayukta with allegations of corruption against public servants under the Odisha Government.
6. Recommendatory role – Makes recommendations for administrative and disciplinary action based on inquiry findings.

Significance as an Institution for Clean Governance

1. Serves as an independent check against corruption and misuse of power by the political executive, legislature, and bureaucracy.
2. Generates public assurance that citizens have a credible institutional mechanism to fall back upon when facing corrupt practices.
3. Extends accountability beyond government to NGOs and private contractors handling public funds, widening the net of clean governance.
4. Complements other institutions like the Vigilance Directorate and CAG in strengthening Odisha’s integrity framework.

Challenges

1. Limited public awareness about the institution and its complaint mechanisms.
2. Resource and staffing constraints affecting the pace of inquiries and investigations.
3. Overlap and coordination issues with existing anti-corruption bodies like the State Vigilance Directorate.
4. Ensuring independence from political influence in practice, despite statutory guarantees.

Way Forward

1. Enhance public awareness campaigns about the Lokayukta’s mandate and complaint procedures.
2. Strengthen institutional capacity through adequate staffing and technical/forensic support for investigations.
3. Improve coordination mechanisms between the Lokayukta and other anti-corruption agencies to avoid duplication.
4. Ensure time-bound disposal of complaints to enhance public trust and institutional credibility.

Conclusion