Which of the following statements are correct about Lokayukta in Rajasthan? (A) He is appointed by the Governor and is responsible to the Legislative Assembly. (B) His jurisdiction spans over Ministers, members of State Legislative Assembly and higher Civil Servants. (C) He considers the cases of corruption and mal-administration. (D) His job is confined to investigate allegations and not grievances. Code :
- (1)(A) and (C)
- (2)(A) and (D)
- (3)(A), (B) and (C)
- (4)(A), (B), (C) and (D)
Answer
Why
RPSC deleted this question in its final answer key, so no option is marked correct.
The four statements concern the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973 (Act No. 9 of 1973). What its sections provide on each subject is set out below, from the English translation published by PRS with the 2019 amendment appended.
Statement (A), appointment and reporting. Section 3(1) says the Governor "shall, by warrant under his hand and seal, appoint a person to be known as the Lokayukta". Under section 12, special and annual reports go to the Governor, who has them laid before the House.
Statement (B), jurisdiction. Section 7(1) covers action taken by, or with the approval of, a Minister or a Secretary, named Panchayati Raj and municipal office-holders, and notified classes of public servants. Section 2(f) leaves the Chief Minister out of 'Minister'.
Statement (C), subject matter. Section 2(b) defines an allegation as abuse of position for gain or to cause undue harm or hardship, action from personal interest or improper or corrupt motives, or corruption or lack of integrity.
Statement (D), allegations. Section 7 ties investigation to "a complaint involving an allegation".
Why the others are wrong
- (1)(A) and (C) — Code (1) accepts statements (A) and (C). RPSC's final key marks no option.
On (A), section 3(1) has the Governor appoint the Lokayukta by warrant, and section 12 routes reports through the Governor to the House. On (C), section 2(b) defines an allegation in terms of abuse of position, improper or corrupt motives, and corruption or lack of integrity.
- (2)(A) and (D) — Code (2) accepts statements (A) and (D). RPSC's final key marks no option.
On (D), section 7 uses the words "a complaint involving an allegation" for both the Lokayukta and the Up-Lokayukta. On (A), the Governor appoints the Lokayukta under section 3(1) after consulting the Chief Justice of the High Court and the Leader of the Opposition.
- (3)(A), (B) and (C) — Code (3) adds statement (B), on jurisdiction. RPSC's final key marks no option.
Section 7(1) names action by a Minister or a Secretary, named Panchayati Raj and municipal office-holders, and notified classes of public servants. Section 2(f) defines a Minister as a member of the Council of Ministers other than the Chief Minister, including a Minister of State and a Deputy Minister.
- (4)(A), (B), (C) and (D) — Code (4) accepts all four statements. RPSC's final key marks no option.
Checking all four means reading section 3 (appointment), section 7 (jurisdiction), section 2(b) (allegation) and section 12 (reports) together. The Act's 2019 amendment, deemed in force from 6 March 2019, put 'five years' in place of 'eight years' as the term in section 5(1).
Concept
A Lokayukta is a State-level authority that investigates complaints against public functionaries. Rajasthan's law is the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973, which received the President's assent on 26 March 1973 and is deemed in force from 3 February 1973.
The Act has two tiers. The Lokayukta investigates action by Ministers, Secretaries and the named Panchayati Raj and municipal office-holders; Up-Lokayuktas investigate other public servants and work under the Lokayukta's administrative control.
If an allegation is substantiated, the Lokayukta sends findings to the competent authority, which must state within three months the action taken or proposed.
RPSC's 2021 syllabus lists "Rajasthan Public Service Commission, State Human Rights Commission, Lokayukt, State Election Commission, State Information Commission." under Institutions in the Political and Administrative System of Rajasthan.
Section 3 builds consultation into the appointment. The Governor consults the Chief Justice of the High Court and the Leader of the Opposition, or a member the Opposition elects if there is no such Leader; Up-Lokayuktas are appointed after consulting the Lokayukta.
The definition of 'public servant' in section 2(i) has four descriptions: Ministers; officers; named Panchayati Raj and municipal office-holders; and persons in the service or pay of notified local authorities, State corporations, Government companies and notified societies.
Key facts
- Rajasthan Lokayukta and Up-Lokayuktas Act, 1973 (Act No. 9 of 1973): President's assent on 26 March 1973; deemed in force from 3 February 1973.
- Section 3(1): the Governor appoints the Lokayukta by warrant, after consulting the Chief Justice of the High Court and the Leader of the Opposition.
- Section 2(f): 'Minister' means a member of the Council of Ministers other than the Chief Minister, including a Minister of State and a Deputy Minister.
- Section 12(4)-(5): the Lokayukta and Up-Lokayuktas report annually to the Governor, who has the report laid before the House with an explanatory memorandum.
- The Rajasthan Lokayukta and Up-Lokayuktas (Amendment) Act, 2019, deemed in force from 6 March 2019, substituted 'five years' for 'eight years' in section 5(1).
Source: Rajasthan Lokayukta and Up-Lokayuktas Act, 1973, English translation (PRS copy with the 2019 amendment).
Study next
Common traps
- Treating the Chief Minister as a 'Minister' under the Act: section 2(f) defines Minister as a Council member other than the Chief Minister.
- Giving Up-Lokayuktas the Lokayukta's consultation route: proviso (a) to section 3(1) names the Chief Justice of the High Court and the Leader of the Opposition for the Lokayukta, while proviso (b) has Up-Lokayuktas appointed after consultation with the Lokayukta.
- Mixing the tiers: section 7 gives Ministers and Secretaries to the Lokayukta and other public servants to Up-Lokayuktas, though section 7(3) lets the Lokayukta take up such a matter for reasons recorded in writing.
A question can give statements on a Lokayukta's appointment, jurisdiction and subject matter and ask which are correct under the Rajasthan Act.
A question can also ask which office-holder the Act covers, or whom the Governor consults before appointing the Lokayukta.
Related PYQs
Under Section 7 of the Rajasthan Lokayukta and Deputy Lokayukta Act, 1973, the Lokayukta is empowered to investigate allegations against ministers and public servants in certain cases. Which of the following subject is not part of those investigations ?
- (1) Unreasonable harm or suffering caused by public servants.
- (2) Abusing his official position as a public servant to obtain illegal benefits for himself or any other person.
- (3) Sexual harassment of women, caste discrimination and violence against children.
- (4) Can be related to being guilty of corruption or lack of transparency in the capacity of a public servant.
Answer(3)
Same Act, section 7: that question asks which subject is not part of the Lokayukta's investigations under Section 7 of the Rajasthan Lokayukta and Deputy Lokayukta Act, 1973 (RPSC's key: sexual harassment of women, caste discrimination and violence against children). This one gives statements on appointment, jurisdiction and subject matter.
Practice
- practice — not a real PYQ
Under section 3(1) of the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973, the Governor appoints the Lokayukta after consultation with
- (a)the Chief Justice of the High Court and the Leader of the Opposition in the Legislative Assembly
- (b)the Chief Minister and the Speaker of the Legislative Assembly
- (c)the Chief Justice of India and the Chief Minister
- (d)the State Election Commissioner and the Chief Secretary
Answer(1) — Proviso (a) to section 3(1) names the Chief Justice of the High Court and the Leader of the Opposition, or a member elected by the Opposition if there is no Leader. Options (2), (3) and (4) name office-holders the proviso does not list as consultees. - practice — not a real PYQ
Under section 2(f) of the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973, the term 'Minister' does not include
- (a)a Minister of State
- (b)a Deputy Minister
- (c)the Chief Minister
- (d)a Cabinet Minister
Answer(3) — Section 2(f) defines Minister as a member, other than the Chief Minister, of the Council of Ministers, that is, a Minister, Minister of State and Deputy Minister. Options (1), (2) and (4) all fall within that definition.