A Committee constituted in 2014 under the Chairmanship of Narpat Mal Lodha is related to which of the following subjects ?
- (1)Panchayati Raj
- (2)Human Rights
- (3)Governor
- (4)Lokayukta
Answer
Why
Correct — option (4), Lokayukta.
The Lokayukta secretariat's introduction page on its official website records that on 28 February 2014 the State Government constituted a high-level committee chaired by Advocate General Narpat Mal Lodha.
Its purpose, as the page puts it, was to amend the provisions of the existing Lokayukta Act and make the Act strong and effective. The page adds that the committee was to consult all sides and submit its report to the State Government within one year.
The existing Act is the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973 (Act No. 9 of 1973). Under it, the Lokayukta looks into complaints of corruption, abuse of position and inaction against Ministers, Secretaries and other public servants.
So the committee's subject was the Lokayukta, which makes the answer option (4).
The idea to remember: Lodha committee, 2014 — amending Rajasthan's Lokayukta Act of 1973.
Why the others are wrong
- (1)Panchayati Raj — Panchayati Raj institutions in the State are constituted under the Rajasthan Panchayati Raj Act, 1994, and the 2014 committee was set up to amend a different law, the Lokayukta Act.
The two laws do meet: the Lokayukta Act counts the Pramukh and Up-Pramukh of a Zila Parishad and the Pradhan and Up-Pradhan of a Panchayat Samiti among its public servants.
- (2)Human Rights — Human rights in the State fall to the Rajasthan State Human Rights Commission, set up under the Protection of Human Rights Act, 1993, a central law.
Its own website says the State Government issued the notification constituting it on 18 January 1999 and that it became functional from March 2000. The Lodha committee concerned the Lokayukta Act, not this Commission.
- (3)Governor — The Governor has a place inside the Lokayukta Act but was not the committee's subject. Under Section 3, the Governor appoints the Lokayukta by warrant, after consultation with the Chief Justice of the High Court and the Leader of the Opposition.
Under Section 12(4), the Lokayukta's annual consolidated report also goes to the Governor.
Concept
A Lokayukta is a State-level ombudsman: an independent authority that investigates complaints against Ministers and public servants. The Rajasthan Lokayukta's history page traces the idea to Sweden's ombudsman.
In Rajasthan the office rests on the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973. Section 2 defines an allegation as an affirmation that a public servant abused his position for gain or to cause harm, acted from personal interest or corrupt motives, or is guilty of corruption or lack of integrity. "Action" includes failure to act.
The Governor appoints the Lokayukta under Section 3 and may remove him under Section 6 only for misbehaviour or incapacity. Removal needs an inquiry and an address by the House passed by a special majority.
Since the Rajasthan Lokayukta and Up-Lokayuktas (Amendment) Act, 2019, Section 5(1) gives a term of five years in place of eight.
RPSC's 2023 Prelims syllabus lists "Rajasthan Public Service Commission, State Human Rights Commission, Lokayukt, State Election Commission, State Information Commission" among the institutions of Rajasthan.
The Lokayukta's history page says Rajasthan's Administrative Reforms Committee recommended an ombudsman-type body in 1963. The page says an ordinance took effect on 3 February 1973 and the law received the President's assent on 26 March 1973; Section 1(3) of the Act deems it in force from 3 February 1973.
The secretariat's tenure list names Justice I.D. Dua as the first Lokayukta, from 28 August 1973. Justice S.S. Kothari held the office in 2014, and Justice Pratap Krishna Lohra held it on 1 October 2023, his term running from 9 March 2021.
The push to amend came from the Lokayukta too. Its 28th annual report says the secretariat sent the State Government its own draft amendment Act on 17 January 2014.
Key facts
- On 28 February 2014 the State Government constituted a committee chaired by Advocate General Narpat Mal Lodha to amend the Lokayukta Act, per the Lokayukta secretariat's website.
- The Rajasthan Lokayukta and Up-Lokayuktas Act, 1973 is Act No. 9 of 1973.
- Section 3: the Governor appoints the Lokayukta after consultation with the Chief Justice of the High Court and the Leader of the Opposition.
- The Rajasthan Lokayukta and Up-Lokayuktas (Amendment) Act, 2019 substituted "five years" for "eight years" in Section 5(1).
- The central Lokpal and Lokayuktas Act, 2013 came into force on 16 January 2014, per the Rajasthan Lokayukta's history page.
Dates from the Lokayukta secretariat's website and annual report, and the 2019 Amendment Act.
Study next
Common traps
- Matching a committee to a subject by guesswork: the Lokayukta secretariat itself records that the 2014 Lodha committee was set up to amend the Lokayukta Act.
- Treating Rajasthan's Lokayukta as a creation of the central 2013 Act: the State's own Act dates from 1973.
- Assuming the Governor appoints the Lokayukta alone: Section 3 requires consultation with the Chief Justice of the High Court and the Leader of the Opposition.
A question can name a committee, its chairperson and its year, and ask which institution it concerned.
A question can also ask whom the Governor consults before appointing the Lokayukta, or which office holders count as public servants under the 1973 Act.
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 1973 Act. That question asks which subject is not among the investigations Section 7 allows the Lokayukta (RPSC's key: sexual harassment of women, caste discrimination and violence against children); this one asks which institution the 2014 committee under Narpat Mal Lodha concerned.
Practice
- practice — not a real PYQ
Under Section 3 of the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973, the Governor appoints the Lokayukta after consultation with
- (a)the Chief Minister and the Speaker of the Legislative Assembly
- (b)the Chief Justice of the High Court and the Leader of the Opposition in the Legislative Assembly
- (c)the Chief Justice of India and the Chief Minister
- (d)the Speaker and the Leader of the Opposition in the Legislative Assembly
Answer(2) — The proviso to Section 3(1) requires consultation with the Chief Justice of the High Court and the Leader of the Opposition. Option (1) names two office holders the section does not list; option (3) names the Chief Justice of India instead of the High Court's; option (4) drops the Chief Justice and adds the Speaker. - practice — not a real PYQ
Consider the following statements about the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973: (i) The Lokayukta presents an annual consolidated report on the performance of functions to the Governor. (ii) After the 2019 amendment, the Lokayukta's term under Section 5(1) is eight years. Which of the statements given above is/are correct?
- (a)Only (i)
- (b)Only (ii)
- (c)Both (i) and (ii)
- (d)Neither (i) nor (ii)
Answer(1) — Statement (i) is Section 12(4). Statement (ii) is wrong: the Rajasthan Lokayukta and Up-Lokayuktas (Amendment) Act, 2019 substituted "five years" for "eight years". Options (2) and (3) accept the wrong term; option (4) rejects the report provision.