Civil Society’s Campaign for a strong Lokayukta in Odisha

Bhubaneswar: Immediately following the Presidential assent accorded on the new year day to the widely debated central Lokpal and Lokayukta Bill 2013 as passed by both houses of Parliament, the Chief Minister Odisha assured that Odisha would be the first State in the country to pass a Lokayukta Act as envisaged in the central Act, within a month of the presidential nod. Taking the cue from the CM’s assurance several civil society consultations have been held for evolving a draft framework for the proposed Odisha Lokayukta Bill. One such Consultation was held at Red Cross Bhavan, Bhubaneswar on 18^th January attended by political leaders, social activists, former bureaucrats, legal pundits, media persons, NGO representatives and academia. The participants after making a threadbare discussion on various provisions of the civil society’s draft framework for the Odisha Lokayukta Bill previously circulated to them, arrived at a consensus on several new provisions that need to be incorporated into the draft bill. The consultation was convened by Mr. Pradip Pradhan, Convener Odisha Soochana Adhikar Abhijan under the banner of Odisha Lokayukta Abhijan which has been newly launched as an umbrella platform for the civil society to campaign for a strong and effective Lokayukta in the State of Odisha. 

Echoing the central law, the civil society’s draft framework suggests the state Lokayukta to comprise a Chairman along with the required number of members not less than four, hailing from both judicial and non-judicial backgrounds, to be chosen by a 5-member Selection Committee consisting of Chief Minister as Chairman and Opposition leader, Speaker of Assembly, Chief Justice of High Court and another eminent jurist as members. A Search Committee of at least 7 members is to be set up by the Lokayukta for providing it with a panel of names from amongst which the Chairperson and Members of Lokayukta would be selected. Both Lokayukta and the Search Committee constituted by it shall have 50 fifty percent of their membership drawn from SC, ST, OBC, Minority and Women. The Chairperson or a Member of Lokayukta can also be removed from their post if at least 35 MLAs or any person by way of an affidavit level an allegation against any of them before the Governor and the veracity of the allegation so made is established through an enquiry made by the High Court. The State Lokayukta shall have under its control two separate wings, one for the Preliminary Enquiry and the other for Prosecution, the Directors of which shall be appointed from a panel of names comprising both official and non-official professionals. All expenditures to be incurred by the Lokayukta shall be provided by the Government from the Consolidated Fund of the State.

In line with the Central law the draft framework provides for the Lokayukta’s obligation to receive the complaints of corruption alleged against any Minister including Chief Minister and all classes of officers and employees. However, in absence of a statutory body like Central Vigilance Commission here in Odisha, the Lokayukta shall get the complaints of corruption alleged against any officer or employee of Classes 3 and 4 enquired, investigated and prosecuted by the competent authorities and professional agencies under the control of the Government without having to overburden the State Vigilance or its own Enquiry and Prosecution wings with the cases against the members of lower bureaucracy. Again, in absence of a Central law like Delhi Special Police Establishment Act 1946 that regulates CBI, the State Vigilance of Odisha needs to be placed under the overall supervision and control of Lokayukta. The State Vigilance would act as Lokayukta’s chief investigative agency for probe into the allegations of corruption against the Chief Minister, any Minister, MLA and senior level bureaucrats in the Government, local bodies and corporations. In line with the Central Act the Director Vigilance shall be chosen by a 4 member Selection Committee comprising Chief Minister as Chairman and Leader of the Opposition, Chief Justice Odisha High Court and Chairperson Lokayukta as members.

The draft framework while retaining the provision of the Central law for penalty against the persons making false and frivolous complaints, recommends some additional provisions such as physical protection and monetary compensation to the vulnerable and victimized complainants, maintenance of a Whistle Blower cell in the Lokayukta for receiving and acting on anonymous complaints, generating awareness on Lokayukta system at grassroots level involving the PRIs and civil society groups, a decentralized district level arrangement for  receiving complaints from the general public and also periodical social audit of Lokayukta by the Lokayukta itself.

The civil society’s Draft Framework on the Odisha Lokayukta Bill has been submitted to the offices of Chief Minister and Chief Secretary on 20^th January by a team of Odisha Lokayukta Abhijan Bhubaneswar comprising. In their letter they have urged the CM Odisha to circulate the official draft bill for a public debate before getting it enacted in the Odisha Legislative Assembly.   

 (Reported by: Pradip Pradhan on behalf of Odisha Lokayukta Abhijan, Bhubanswar)