Kerala Lokayukta

Kerala Lokayukta is the Parliamentary Ombudsman for the state of Kerala (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 Kerala Lokayukta and Upa-Lokayukta Act, and approved by the president of India on 4th March 1999. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16,2014 and requires each state to appoint its Lokayukta within a year.[1][2] A bench of Lokayukta should consist of judicial and non-judicial members.[3] An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Kerala Lokayukta
കേരള ലോകായുക്ത
Justice Cyriac Joseph, Lokayukta of Kerala.
Incumbent
Justice Cyriac Joseph
StyleThe Hon’ble
SeatLegislature Complex, Vikas bhavan, Thiruvananthapuram
AppointerGovernor of Kerala
Term length5 years
Constituting instrumentKerala Lokayukta Act, 1999
Formation1999
First holderJustice PC Balakrishna Menon
DeputyUpa Lokayukta
Websitehttps://www.lokayuktakerala.gov.in

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, 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

Kerala Lokayukta was formed on 15th November 1998 by the state Governor after the bill was signed by President of India.[4] It resolved 34,662 cases out of 35,986 cases filed before it from the date of its formation. Every year November 15 is observed as Lokayukta Day in state. Till 2019 around 1320 cases were pending before it.[5]

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, Kerala Lokayukta and Upa-Lokayuktas Act, 1999

Powers

Kerala Lokayukta Act makes provision for the appointment of Lokayukta and authorities with certain functions with powers to enquire into complaints or other allegations against any officials mentioned in the Act for their actions mentioned in the Act. Kerala Lokayukta can only make recommendations to competent authority but can't enforce the punishment.[4]

Appointment and tenure

Following is the list of Lokayuktas along with their tenure[6]-

IndexNameHolding charge fromHolding charge to
1 Mr. Justice P.C. Balakrishna Menon 24.12.1998 23.12.2003 
2 Mr. Justice K. Sreedharan 22.01.2004  22.01.2009
3 Mr. Justice. M.M. Pareed Pillay 31.01.2009  31.01.2014 
4 Justice Pius C. Kuriakose 09.02.2014  08.02.2019
5 Justice Cyriac Joseph 28.03.2019

Notable cases

Kerala Lokayukta had issued the following important orders

1. Kerala Lokayukta had issued notices to Chief Minister and some of his ministers in year 2019 on a complaint filed alleging misuse of funds from Chief Minister's Distress Relief Fund.[7][8]

2. Complaint was filed in Lokayukta in the year 2021 against serving Minister for Forests AK Saseendran relating to the case of assault and abuse of power.[9]

3. Kerala Lokayukta recommended action against the serving Higher Education and Minority Welfare Minister K T Jaleel for appointing his second cousin K T Adeeb to Kerala State Minorities Development Finance Corporation as General Manager after modifying the eligibility for the post and abusing the power of a Minister.[10]

4. In year 2011, Kerala Lokayukta had issued orders for the appearance of serving Chief Minister VS Achuthanandan`s son in an allegation related to bribery by opposition party.[11]

References
  1. Seetharaman, G. (10 November 2018). "Delay in the appointment of Lokpal & Lokayukta: Who will bell the graft?". The Economic Times. Retrieved 5 September 2021.
  2. "Lok Sabha passes landmark Lokpal Bill". businessline. 12 March 2018. Retrieved 5 September 2021.
  3. "Only four states have appointed judicial, non-judicial members of Lokayukta, says report". The Economic Times. 8 December 2020. Retrieved 5 September 2021.
  4. "Lok Ayukta Day to be observed on Nov. 15". The Hindu. 14 November 2019. Retrieved 10 September 2021.
  5. "1,320 cases pending for disposal before Kerala Lokayukta". The News Minute. 14 November 2019. Retrieved 10 September 2021.
  6. "Judge Master". www.lokayuktakerala.gov.in. Archived from the original on 10 September 2021. Retrieved 10 September 2021.
  7. "Kerala Lokayukta issues notice to CM and ministers on accusation of disaster relief fund misuse". Scroll.in. Retrieved 10 September 2021.
  8. "'Misuse' of disaster relief fund: Kerala Lokayukta admits plea". Business Standard India. 15 January 2019. Retrieved 10 September 2021.
  9. "Kundara sexual assault case: Lokayukta receives complaint against A K Saseendran". Mathrubhumi. 27 July 2021. Retrieved 10 September 2021.
  10. "Kerala Lokayukta finds Minister K T Jaleel guilty of nepotism; directs the government to remove him". Deccan Herald. 9 April 2021. Retrieved 10 September 2021.
  11. "Kerala Lokayukta issues notice to CM's son". Zee News. 5 May 2011. Retrieved 10 September 2021.
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