Tamil Nadu Lokayukta Explained

Agencyname:Tamil Nadu Lokayukta
Formed:2018
Country:India
Federal:No
Headquarters:Chennai.
Chief1name:Hon’ble Shri Justice P. Devadass.[1]
Chief1position:Lokayukta

Tamil Nadu Lokayukta is the Parliamentary Ombudsman for the state of Tamil Nadu (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 Tamil Nadu Lokayukta and Deputy Lokayukta Act-2018 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16, 2014 and requires each state to appoint its Lokayukta within a year.[2] [3] A bench of Lokayukta should consist of judicial and non-judicial members.[4] An Upa-Lokayukta is a deputy to Lokayukta[5] and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

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, or leader of largest opposition party in State Legislature, 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

Tamil Nadu Lokayukta Act-2018 was passed in July 2018 in the Tamil Nadu Assembly and was effective from 13 November 2018.[6] Tamil Nadu governor appointed a five member Lokayukta headed by former judge P. Devadass.[7] The other members are retired Indian Administrative Service officer Rajaram M and K. Arumugam, advocate as non-judicial members and K. Jayabalan, ex district judges and Krishnamoorthy R as judicial members.[8] Lokayukta appointed and other members of the team will hold office for a period of five years from the day of appointed or attaining age of 70, whichever is earlier. The five member Lokayukta was finalised by three member search committee headed by K. Venkataraman, a Retired High Court judge as the chairperson and R. Krishnamoorthy, Former Advocate General and A. Pari, retired IPS officer as other members of the search committee.[9] As per the Tamil Nadu Lokayukta bill, a person serving or retired as high court judge, or a person with combined experience in public administration, finance and legal, vigilance, anti-corruption policies, for a period of 25 years should head the position of Lokayukta.[10] No complaints against the Lokayukta or its members will be entertained as per this Act.

Penalty of Rs one lakh or one year imprisonment will be imposed on persons making wrong complaints.[10]

All proceedings of the Lokayukta will be private and in-camera and will not be open to the public or media.

Powers

Tamil Nadu Lokayukta has complete and exclusive authority for enquiring into allegations or complaints against the State Chief Minister, State Deputy Chief Minister, Ministers of the state Government, Leader of Opposition and Government officials and the same can be forwarded to the Registrar. The complaint to be valid should not be anonymous.

The Lokayukta has powers to order initial enquiry on complaint against any Government official or agency to ascertain the genuiness of the complaint and to determine if there is a case prima-facie to continue the investigation. It can summon and examine any person and document its evidence in affidavits. Its investigation department will have a civil court powers under the Criminal Procedure Code,1908.

Appointment and tenure

First Lokayukta of Tamil Nadu is Justice P. Devadass, a former retired judge of High Court who will head a five member team and will have a term of five years or reaching of the age of 70 years, whichever is earlier.

Lokayukta Chairperson will be appointed by Governor along with other members who are recommended by a committee headed by Chief Minister and other members being Speaker of Assembly and Opposition Leader in Assembly, or elected leader of the largest opposition party in the Assembly.

See also

Notes and References

  1. News: Retired judge to head T.N. Lokayukta . 14 September 2021 . The Hindu . 3 April 2019 . en-IN.
  2. News: Seetharaman . G. . Delay in appointment of Lokpal & Lokayukta: Who will bell the graft? . 5 September 2021 . The Economic Times . 10 November 2018.
  3. News: Lok Sabha passes landmark Lokpal Bill . 5 September 2021 . businessline . 12 March 2018 . en.
  4. News: Only four states have appointed judicial, non-judicial members of Lokayukta, says report . 5 September 2021 . The Economic Times . 8 December 2020.
  5. News: No provision of advertising vacancies of Lokayukta: MP Govt . 12 September 2021 . The Economic Times . 27 January 2016.
  6. News: Tamil Nadu Assembly passes Lokayukta bill after Opposition stages walkout . 14 September 2021 . The Asian Age . 9 July 2018.
  7. News: At last, TN gets Lokayukta Thandoratimes.com . 14 September 2021 . Thandoratimes.com . 3 April 2019 . en.
  8. News: Finally, Tamil Nadu Lokayukta constituted . 14 September 2021 . The New Indian Express . 2 April 2019.
  9. News: Selection committee led by TN CM announces search committee for Lokayukta . 14 September 2021 . uniindia . 28 December 2018.
  10. News: TN Assembly passes Lokayukta Act, DMK and activists call it a 'toothless' Act . 14 September 2021 . The News Minute . 9 July 2018 . en.