The Hindu : Andhra Pradesh News : More powers for Lok Ayukta favoured

Online edition of India's National Newspaper
Wednesday, Nov 10, 2004

Andhra Pradesh

Andhra Pradesh

More powers for Lok Ayukta favoured

By R. Balaji

VIJAYAWADA, NOV.9. The Lok Ayukta, R.Ramanujam, has called for several drastic amendments to the existing law to make the institution more effective to combat corruption in public life and redress people's grievances.

" If the necessary amendments are carried out by the Government, it will lead to the ultimate objective of ensuring good governance. Otherwise, the Lok Ayukta, who is given the status of the Chief Justice of a High Court, will remain a mere ornamental post," he said in an interview with The Hindu here on Tuesday.

Mr. Ramanujam repeatedly clarified that he was not seeking any powers for himself as such, but empowering the institution with adequate powers would serve the cause of dispensing justice in a speedy and economic way. It would also wean away the people from approaching "goonda and vested interests for private settlements," he said.

Search and seizure

Suggesting various amendments to the Andhra Pradesh Lok Ayukta and Upa-Lokayukta Act, 1983, Mr. Ramanujam said the institutions should be conferred the powers of "search and seizure" for conducting independent investigations into allegations of corruption, abuse of power and misconduct by public servants.

The Lok Ayukta had a separate investigation wing headed by an IGP (retd) rank of officer. But, the wing could not discharge the functions satisfactorily, as the statutory powers for search and seizures, available under the Criminal Procedure Code (CrPc) and which were essential for proper investigation, were not available for the institution. Such powers were conferred on the institution in Gujarat, Himachal Pradesh, Karnataka, Kerala and Punjab.

Mr.Ramanujam said that 70 per cent of the complaints received by him related to grievances like delay in the payment of pension, non-issuance of promised pattas, passbooks, failure of officials to do their basic duties and other matters. The financial implications involved in such grievances amounted to Rs 5,000 to Rs 10,000 for which people could not be expected to move the courts for redress. "But for entertaining such grievances we need statutory powers to give directions to the officials concerned.

In the absence of such powers we are merely persuading the officers to redress the problems," he said. Such statutory powers were conferred on the Lok Ayuktas in Assam, Bihar, Kerala, Maharashtra, Orissa and Uttar Pradesh.

The Lok Ayukta said that to make the institution financially independent, the expenditure incurred on it should be charged on the Consolidated Fund of the State. Similar provisions existed in Delhi, Gujarat, Himachal Pradesh, Karnataka, Kerala and Punjab.

Punishing for contempt

There should also be power to punish for contempt of the Lok Ayukta and Upa-Lokayukta. Such powers which were essential to uphold the dignity and status of the institution were already in vogue in the Karnataka and Kerala Acts.

In the present law, there was no provision for grant of interim relief for the Lok Ayukta. Mr. Ramanujam felt that there should be a Central legislation to confer uniform powers on Lok Ayukta in different States. s

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