26th September 2024 (11 Topics)

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Lokayukta

Context

In a significant legal development, the Special Court for MLAs and MPs in Bengaluru has directed the Lokayukta to investigate Karnataka Chief Minister Siddaramaiah regarding allegations linked to land allotment by the Mysuru Urban Development Authority (MUDA).

Who is a Lokayukta?

The Lokayukta is an independent anti-corruption authority designed to address complaints of corruption and misconduct against public servants, including government officials and elected representatives.
Its establishment is rooted in the Lokpal and Lokayuktas Act, 2013, which aims to create a framework for investigating allegations of corruption at both national and state levels.
Functions and Jurisdiction

Independent Investigations: The Lokayukta can initiate inquiries independently or in response to citizen complaints, focusing on corruption, abuse of power, and maladministration within government offices.
Diverse State Frameworks: While the Lokayukta system is prevalent across various Indian states, there are notable differences in jurisdictions, definitions of public servants, and procedural frameworks among the states.

Historical Context: The concept of the Lokayukta is inspired by the Scandinavian Ombudsman model, with the first such institution established in Sweden in 1809.
- The first Administrative Reforms Commission (ARC) in India advocated for the creation of both Lokpal and Lokayukta to safeguard citizens against governmental malpractice.

Fact Box: Can a Chief Minister Be Arrested?

Chief Ministers (CMs) in India do not enjoy immunity from arrest while in office.
Under Article 361 of the Indian Constitution, only the President of India and state governors are granted protection from arrest during their terms.
According to the Code of Criminal Procedure (CrPC) of 1973, law enforcement can arrest any individual against whom a warrant has been issued by a court. The grounds for arresting a CM may include:

Reason to believe the individual would abscond.
Potential destruction of evidence.
Attempts to evade legal processes.

Moreover, a CM can be removed from office only upon conviction in a criminal case, and there are no legal restrictions preventing them from holding office while under investigation.

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GS Analyst: Daily Current Affairs

26th September 2024 (11 Topics)

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Lokayukta

Who is a Lokayukta?

Fact Box: Can a Chief Minister Be Arrested?

Still Have Questions?

GS Analyst: Daily Current Affairs

Lokayukta

Who is a Lokayukta?

Fact Box: Can a Chief Minister Be Arrested?

Still Have Questions?

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