Tamil Nadu Lokayukta

Tamil Nadu Lokayukta
Tamil Nadu Lokayukta
Agency overview
Formed	2018
Jurisdictional structure
Federal agency	India
Operations jurisdiction	India
General nature	Federal law enforcement;
Operational structure
Headquarters	Chennai.
Agency executive	Hon’ble Shri Justice P. Devadass., 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 16 January 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,^[5] 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.^[1]^[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]^[6]

All proceedings of the Lokayukta will be private and in-camera^[8] and will not be open to the public or media.

Oath or affirmation

"I, <name>, having been appointed Lokayukta (or Upa-Lokayukta) do swear in the name of God (or solemnly affirm) that I will bear faith and allegiance to the Constitution of India as by law established and I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will."
— First Schedule, Tamil Nadu Lokayukta and Deputy Lokayukta Act-2018

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^[6] 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.^[6] 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.^[6]

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.^[1]

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.^[6]

References

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

[Tamil_Nadu_Lokref1-1] "Retired judge to head T.N. Lokayukta". The Hindu. 3 April 2019. Retrieved 14 September 2021.

[Bihar_Lok_Ref3-2] Seetharaman, G. (10 November 2018). "Delay in appointment of Lokpal & Lokayukta: Who will bell the graft?". The Economic Times. Retrieved 5 September 2021.

[Bihar_Lok_Ref4-3] "Lok Sabha passes landmark Lokpal Bill". businessline. 12 March 2018. Retrieved 5 September 2021.

[Bihar_Lok_Ref5-4] "Only four states have appointed judicial, non-judicial members of Lokayukta, says report". The Economic Times. 8 December 2020. Retrieved 5 September 2021.

[Hary_Lok_Ref1-5] "No provision of advertising vacancies of Lokayukta: MP Govt". The Economic Times. 27 January 2016. Retrieved 12 September 2021.

[Tamil_Nadu_Lokref2-6] ^ ^a ^b ^c ^d ^e ^f "Tamil Nadu Assembly passes Lokayukta bill after Opposition stages walkout". The Asian Age. 9 July 2018. Retrieved 14 September 2021.

[Tamil_Nadu_Lokref5-7] "At last, TN gets Lokayukta Thandoratimes.com". Thandoratimes.com. 3 April 2019. Retrieved 14 September 2021.

[Tamil_Nadu_Lokref7-8] "Finally, Tamil Nadu Lokayukta constituted". The New Indian Express. 2 April 2019. Retrieved 14 September 2021.

[Tamil_Nadu_Lokref3-9] "Selection committee led by TN CM announces search committee for Lokayukta". uniindia. 28 December 2018. Retrieved 14 September 2021.

[Tamil_Nadu_Lokref8-10] "TN Assembly passes Lokayukta Act, DMK and activists call it a 'toothless' Act". The News Minute. 9 July 2018. Retrieved 14 September 2021.

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