Even though President Pranab Mukherjee gave his seal of approval to the Odisha lokayukta Bill one and a half years back in January 2015, the State Government is yet to appoint a lokayukta.
The President had given his nod to the significant Bill on January 16 as per Article 254 (2) of the Constitution. As per the rule, the State Government should have issued a gazette notification to execute the new lokayukta Act. However, no action has yet been taken by the government to execute the law till date.
Earlier, the State Government had announced to implement the Act within 90 days of the Centre clearing and implementing the lokpal Act. The Bill was passed by the State legislative Assembly on February 14, 2014.
Although Odisha is the first State to have passed the law for the lokayukta system after the lokpal Act came in force in the country, its execution has been delayed, putting the State’s commitment to check corruption under scanner.
Notably, the post of lokpal was replaced after the lokayukta Act came into force. The Act empowers the lokayukta to probe graft charges against incumbent as well as former Chief Ministers, Ministers, MlAs, Government officers, heads of panchayats and municipalities and trusts receiving Government grants.
Besides, NGOs, contractors (firms or persons) and suppliers dealing with Government money are also covered under the Act.
Prior to the present law, lokpal was assigned to address people’s grievances. However, the post remained vacant after the demise of former Orissa High Court Justice PK Patra in January 2013.
Meanwhile, the Government passed the lokayukta Bill in the Assembly replacing the lokpal system to check graft across the State. The Government is spending huge money for maintaining the lokpal office even as it is yet to appoint a lokayukta.
As per the provision of the lokayukta Act, the State is to have a six-member lokayukta body. A panel would be formed to appoint the lokayukta and five other members.
The Chairperson of the lokayukta would either be a sitting or former High Court judge whereas the body would comprise at least two judicial members.
The Chief Minister is the head the lokayukta selection committee that comprises the Assembly Speaker, the leader of Opposition, the Chief Justice of High Court or a Judge nominated by him and an eminent jurist nominated by the Governor.
The lokayukta would have the powers of superintendence and direction over any agency or investigating agency, including the State Vigilance or the Crime Branch police.