Maharashtra became the first state to pass a Lokayukta Bill that brings the Chief Minister of the state and the council of ministers under the ambit of the anti-corruption watchdog. Deputy Chief Minister Devendra Fadnavis called the new Act a historic legislation stating that Maharashtra was the first state to pass a bill that expanded the Lokayukta’s power in such a manner.

The draft bill of Maharashtra Lokayukta Act 2022 was tabled in the Assembly yesterday and passed today without discussion as the opposition members staged a walkout over the alleged scam in the Teachers' Entrance Test.

Maharashtra Lokayukta and Upa-Lokayukta Act, 1971, is currently in force in the state and under the existing law, the anti-corruption ombudsman could only recommend action against government officials. However, the new Act empowers the Lokayukta and Upa-Lokayukta to direct the state agencies to investigate a corruption case.

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What is the Lokayukta Bill?

The Lokayukta is the apex anti-corruption ombudsman that holds the power to investigate complaints and corruption allegations against government officials and lawmakers. The Lokyuktas were set up in several states while Maharashtra was one of the first states to establish an anti-corruption body through an Act in 1971.

However, since its inception, the Lokyaktu bills have been criticised for not having enough power to investigate the Chief Minister and the council of ministers.

Maharashtra’s new bill empowers the Lokayukta to investigate both the chief minister and the council of ministers. Under Maharashtra’s new bill, bureaucrats will also fall under the Lokayukta’s ambit.

How does the new Act empower Lokayukta?

Under the new bill, the Lokayukta will have the power to not only recommend action based on its investigation but also be able to direct the state agencies to conduct further investigations. The Lokayukta will also have all the powers of a civil court i.e. the power to summon government officials.

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The Lokayukta can initiate the investigation against the Chief Minister with the prior approval of the Assembly. A motion needs to be placed before the immediate session of the House and the motion should be passed by not less than a two-thirds majority of the total members of the Assembly before initiating any inquiry against the chief minister.

The Lokayukta will complete its preliminary inquiry into complaints within 90 days and wrap up the investigations within six months. During the investigation, the Lokayukta cannot reveal the identity of the person being investigated.

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The bill also states that the Lokayukta cannot investigate allegations of corruption against the chief minister if they pertain to matters of internal security and public order.

The Lokayukta will require the approval of the governor along with the group of ministers appointed by the governor to conduct any investigations into present or former ministers. For investigating other members of the legislative assembly, approval will be required from the state legislative council chairperson or the Speaker of the Assembly.

(Edited by : Sudarsanan Mani)

First Published:Dec 28, 2022 4:46 PM IST