Orissa Lokpal and Lokayukta Act 1995 a good-for-nothing law

(Paper in Oriya presented by Chitta Behera at a Seminar on Drafting a Lokpal Act for Orissa held on 16.09.2011 at Universe, Cuttack under the aegis of Orissa People's Vigilance Council)  

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Though Orissa was the first State in India to have enacted Lokpal and Lokayukta Act in 1970, it came into force only after the Rules were notified 14 years later i.e. in 1984. Then it was repealed in 1992, only to be re-introduced in 1995. The Act of 1995 is now in force. It has no power to punish any corrupt politician or bureaucrat, but has all the powers to punish a common citizen with two years of jail and fine for publishing any material relating to an investigation conducted by Lokpal and also to punish any person who by words spoken or written brings 'disrepute' to Lokpal. The most ludicrous provision made in the Act relates to 'Report of Lokpal against the Chief Minister' in Section 13. Even if Lokpal finds the allegation of corruption against CM genuine, it can't take or recommend any action against him; rather send the entire report about it to him, and the latter in turn "shall forward it immediately with an elucidatory note, if any to the Governor". And the Governor shall "take such action or pass such orders as he deems fit or expedient" and place a report about it in the State legislature. Similarly, if Lokpal finds on investigation a Minister, Chief Secretary or a Secretary to be corrupt, he would report the matter to the Chief Minister who is competent authority over these top-notch public servants. Again, if the Lokpal finds any other bureaucrat corrupt he would report to the Minister of the concerned Department, who is their competent authority. And that is all Orissa Lokpal can do against a corrupt Minister, Chief Secretary, Secretary or any other official. The Judges and MLAs and MPs are kept outside the purview of Orissa Lokpal Act. The Orissa Lokpal has no power to prosecute any public servant either. Though Lokpal has been given investigating powers, it has no machinery of investigation at its disposal.For all these reasons, not a single scam of Orissa has ever been exposed through this Act.       

Anna Hazare's call for a Lokpal at Centre and a Lokayukta at State level, as mooted in his Jan Lokpal Bill V 2.3 requires all of us to critique first of all the Orissa Lokapal and Lokayukta Act 1995, before proposing its amendment here and there or its replacement altogether by a new, powerful law. 

Chitta Behera