Gujarat Lokayukta

Last updated

Gujarat
Agency overview
Formed1986
Jurisdictional structure
Federal agency India
Operations jurisdiction India
General nature
Operational structure
HeadquartersLokayukt Bhavan, Sector-10B, Opp. Sector-21 Police Station, Gandhinagar.(079)-23255753. arlok@gujarat.gov.in
Agency executive
  • Hon’ble Justice R H Shukla.

Gujarat Lokayukta is the Parliamentary Ombudsman for the state of Gujarat (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Gujarat Lokayukta and Upa-Lokayukta Act, and approved by the president of India on 1986. The passage of Lokpal and Lokayukta's Act, 2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. [1] [2] A bench of Lokayukta should consist of judicial and non-judicial members. [3] An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Contents

A Lokayukta of the state is appointed to office by the state Governor after consulting the committee consisting of State Chief Minister, Speaker of Legislative Assembly, Leader of Opposition, Chairman of Legislative Council and Leader of Opposition of Legislative Council and cannot be removed from office except for reasons specified in the Act and will serve the period of five years.

History and administration

Gujarat Lokayukta and Upa-Lokayukta was approved by its Legislative Assembly in 1986. [4] Gujarat Lokayukta bill was passed with amendments in year 2013 [5] but was not accepted by Governor as the bill made provision for a six member committee headed by Chief Minister to appoint Lokayukta. [6] [7] Gujarat Governor had appointed the Lokayukta in 2013 after consulting the serving Chief Justice of Gujarat High Court but was not accepted by the State Government. Later the Supreme Court of India upheld the appointment but the appointed Lokayukta Mr Justice (retd) R A Mehta did not take the charge. [8] [9] [10]

Oath or affirmation

"I, <name>, having been appointed Lokayukta (or Upa-Lokayukta) do swear in the name of God (or solemnly affirm) that I will bear faith and allegiance to the Constitution of India as by law established and I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will."

— First Schedule, Gujarat Lokayukta and Upa-Lokayuktas Act, 1986

Powers

Lokayukta for the state of Gujarat has got powers to investigate complaints of corruption by the general public against public officials such as the chief minister of state, deputy CM of the state, ministers of state, government company chairman, of a and university vice-chancellor and others mentioned in the Act. [11] Gujarat Lokayukta Act says that Lokayukta has independent powers to investigate and prosecute any government official or public servants of all grades, who are covered by the act and against whom the complaint is received for abusing his authority for self interest or causes hurt to anyone or any action done intentionally or following corrupt practices negatively impacting the state or individual.

Appointment and tenure

Justice (retd.) Rajesh H Shukla, an ex-judge of Gujarat High Court was appointed as the fifth Lokayukta for the State of Gujarat. [12] [11]

In 2013, Justice (Retired) R A Mehta though appointed as Lokayukta of the state refused to take charge due to differences with the State Government. [13]

IndexNameHolding charge fromHolding charge to
1DH Shukla26 July 1988 25 July 1993 
2IC Bhatt 10 November 1993 9 November 1998
3SM Soni 25 November 199824 November 2003
4D P Buch. [14] 11 December 201311 December 2018
5Justice Rajesh Shukla23 June 2020

See also

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Sikkim Lokayukta is the Parliamentary Ombudsman for the state of Sikkim (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Sikkim Lokayukta and Deputy Lokayukta Act-2012 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Tripura Lokayukta is the Parliamentary Ombudsman for the state of Tripura (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Tripura Lokayukta and Deputy Lokayukta Act-2008 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Rajasthan Lokayukta is the Parliamentary Ombudsman for the state of Rajasthan (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Rajasthan Lokayukta and Deputy Lokayukta Act, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

References

  1. ↑ Seetharaman, G. (10 November 2018). "Delay in the appointment of Lokpal & Lokayukta: Who will bell the graft?". The Economic Times. Retrieved 5 September 2021.
  2. ↑ "Lok Sabha passes landmark Lokpal Bill". businessline. 12 March 2018. Retrieved 5 September 2021.
  3. ↑ "Only four states have appointed judicial, non-judicial members of Lokayukta, says report". The Economic Times. 8 December 2020. Retrieved 5 September 2021.
  4. ↑ "Gujarat Lokayukta". lokayukta.gujarat.gov.in.
  5. ↑ "Gujarat lokayukta holds up Parliament". Hindustan Times. 30 August 2011. Retrieved 9 September 2021.
  6. ↑ "Gujarat house passes new Lokayukta bill for the second time". mint. 1 October 2013. Retrieved 8 September 2021.
  7. ↑ "Retd Justice Mehta declines to take over as Gujarat Lokayukta". Business Standard India. 7 August 2013. Retrieved 9 September 2021.
  8. ↑ G, Pti (2 January 2013). "Will implement SC judgement on Lokayukta soon: Gujarat govt". India Today. Retrieved 9 September 2021.
  9. ↑ Dave, Kapil (7 August 2013). "Justice R A Mehta refuses to take charge as Gujarat Lokayukta | India News - Times of India". The Times of India. Retrieved 9 September 2021.
  10. ↑ "SC upholds Justice Mehta's appointment as Gujarat Lokayukta". indiatvnews.com. 2 January 2013. Retrieved 9 September 2021.
  11. 1 2 "Justice Rajesh Shukla sworn-in as new Gujarat Lokayukta". The Week. 23 June 2020. Retrieved 9 September 2021.
  12. ↑ "Retired Gujarat High Court Judge, Justice (retd.) Rajesh Shukla sworn in as Gujarat Lokayukta". Bar and Bench - Indian Legal news. Retrieved 8 September 2021.
  13. ↑ "Justice R A Mehta refuses to take charge as Lokayukta of Gujarat". livelaw.in. 7 August 2013. Retrieved 9 September 2021.
  14. ↑ "Gujarat gets Lokayukta after a decade". Rediff. Retrieved 9 September 2021.
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