Laid back on Lokayukta

It is no secret that corruption has been in the news in Tamil Nadu; the recent cash- for -vote scandal in the RK Nagar by-poll is merely an indication of the rampant corruption that remains ingrained in the system. Though both the Dravidian parties, which have been ruling the State for close to half a century, have been blaming each other for breeding corruption that has permeated at all levels, Tamil Nadu has, in the process, obtained the dubious distinction of being the lone southern State which is yet to establish Lokayukta-the anti-corruption ombudsman.

Though the idea of a Lokayukta for every state was mooted in the 1960s, the Lokpal and Lokayukta Act 2013 had come into existence from January 2014, after a public outcry against corruption. But, while Section 63 of the Act envisages that every state shall establish a body to be known as Lokayukta within a year from the date of commencement of the Act, Tamil Nadu, rated to be the hotbed of corruption, has meticulously evaded it. 

The dire need for setting up a Lokayukta, especially with a system corrupt to the core, saw civic groups like Arappor Iyakkam approach the court in this regard. In fact, a plea moved by one K K Ramesh in 2015 drew a stoic response from the government: “The issue on establishment of Lokayukta in Tamil  Nadu is already under the consideration of the government. A committee has been constituted for this purpose. The committee is examining concerned issues, including drafting the bill on Lokayukta.” 

However, the government reply to the court also claimed that, “I also draw your attention to the fact that the Government of India has proposed certain amendments to the parent act (ie) Lokpal and Lokayukta Act, 2013. To avoid any repugnancy to the Central Act, the draft legislation by the State will be suitably finalised.” 

Much water has flown under the bridge since then. However, given the fact that the others southern States had ushered in the Lokayukta, while Tamil Nadu has not, is a clear indication that the Tamil Nadu government lacks the political will to establish the anti-corruption ombudsman and that it is awaiting certain amendments to the parent Act has emerged as a mere excuse to gain time. 

Chandramohan B, Secretary, Arappor Iyakkam said it is easy to implement, provided one had the will. “It’s not rocket science to understand why the Lokpal Act has not been implemented. The politicians don’t want an independent anti-corruption body. Tamil Nadu is one of the two states where the Lok Ayukta has not been implemented. There is not even a draft of it. When a public interest litigation (PIL) was filed, asking the government to implement this, the government replied that they are waiting for an amendment in the LokPal Bill by the central government. When we filed an RTI, we found that there were no amendments pending. The power of this Act can be seen in Karnataka, where Santhosh Hedge, the Lok Ayukta judge, single-handedly brought down the Bellary mining scam and took on the Reddy brothers. Lok Ayukta has that power. That is why we, the civil society, need to fight for its implementation. Apart from putting pressure on the government, as a civil society, to implement it, we could pressurise through the judicial process. In fact, Arappor Iyakkam will take this up judicially to put pressure for Lok Ayukta to be implemented in Tamil Nadu,” he said. 

Other activists too highlight the need for a Lokayukta. A Narayanan of Change India said, “The lack of a Lokayukta has led to rampant unchecked corruption in the State. Had such a body existed, cases could have been easily filed against the former Chief Secretary and even ministers like Vijaya Bhaskar and others from whom huge amount of money was seized. The youth, along with fighting for jallikatu as a cultural identity, should come forward to trigger a movement for a non-corrupt system, as they would be the sufferers if they allow such a rot to continue.” 

Interestingly, the Lokpal Bill could not be passed for 40 years, despite legislation in this regard being introduced eight times. But now, some of the features of this model Bill are that the Lokayukta can investigate corrupt acts by any public servant, including a chief minister, without any sanction or permission from any authority. It also proposes to bring in the Department of Vigilance and Anti-Corruption (DVAC) to function as the investigative wing of the Lokayukta and report to them.