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
Why
Correct — option (3), Sexual harassment of women, caste discrimination and violence against children.
The stem's "Deputy Lokayukta" is the Act's Up-Lokayukta. Section 7 of the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973 lets the Lokayukta investigate action taken by a Minister, a Secretary or certain other public servants, where a complaint involves an "allegation".
Section 2(b) defines "allegation". It is an affirmation that a public servant (i) abused his position to obtain any gain or favour, or to cause undue harm or hardship to another; (ii) acted from personal interest or improper or corrupt motives; or (iii) is guilty of corruption or lack of integrity.
Options (1), (2) and (4) each match a part of that definition: undue harm, abuse of position for gain, and corruption.
Option (3) — Sexual harassment of women, caste discrimination and violence against children — names wrongs that the definition does not mention. Separate laws deal with them, such as the POSH Act, 2013, the SC and ST (Prevention of Atrocities) Act, 1989 and the POCSO Act, 2012.
The Lokayukta's reach is set by the three limbs of "allegation": abuse of position, improper or corrupt motive, and corruption or lack of integrity.
Why the others are wrong
- (1)Unreasonable harm or suffering caused by public servants. — This is inside the Lokayukta's remit. Section 2(b)(i) covers a public servant who abused his position to cause undue harm or hardship to any other person.
The option says "unreasonable harm or suffering", but the idea is the same, so it is part of the investigations the stem describes.
- (2)Abusing his official position as a public servant to obtain illegal benefits for himself or any other person. — This is the first limb of the definition. Section 2(b)(i) covers a public servant who abused his position to obtain any gain or favour to himself or to any other person.
"Illegal benefits" is the option's wording for gain or favour. It is squarely within the Lokayukta's investigations.
- (4)Can be related to being guilty of corruption or lack of transparency in the capacity of a public servant. — This matches the third limb. Section 2(b)(iii) covers a public servant who is guilty of corruption, or lack of integrity, in his capacity as a public servant.
The Act's word is "integrity", not "transparency", but corruption in office is plainly within the definition, so this is not the excluded subject.
Concept
A Lokayukta is a State-level ombudsman who investigates complaints about misuse of public office.
In Rajasthan, the Governor appoints the Lokayukta after consulting the Chief Justice of the High Court and the Leader of the Opposition in the Assembly. Up-Lokayuktas are appointed after consulting the Lokayukta.
Its "public servants" include Ministers (its definition of "Minister" leaves out the Chief Minister), officers of the State, and named local office-holders: Zila Pramukhs and Up-Pramukhs, Pradhans and Up-Pradhans, municipal heads and their deputies, and committee chairmen. Staff of State corporations, Government companies and notified bodies are also included.
The Lokayukta can be removed only by the Governor, after an inquiry and an address by the Assembly passed by a special majority.
The syllabus head Political and Administrative System of Rajasthan lists "Lokayukt" among its Institutions. The 1973 Act sets out whom the Lokayukta can investigate, on what allegations, and how the office is filled and vacated.
The Act received the President's assent on 26 March 1973 and is deemed to have come into force on 3 February 1973.
Its tenure rules have changed. The Rajasthan Lokayukta and Up-Lokayuktas (Amendment) Act, 2019 replaced a term of eight years with five years, with effect from 6 March 2019.
Jurisdiction turns on the definition of "allegation" in Section 2(b): under Section 7 the Lokayukta investigates action that is, or could be, the subject of such an allegation.
Key facts
- The Rajasthan Lokayukta and Up-Lokayuktas Act, 1973 is Act No. 9 of 1973, deemed in force from 3 February 1973.
- Section 2(b) defines "allegation": abuse of position for gain or to cause undue harm, improper or corrupt motive, or corruption or lack of integrity.
- The Governor appoints the Lokayukta after consulting the Chief Justice of the High Court and the Leader of the Opposition in the Assembly.
- The 2019 Amendment Act set the Lokayukta's term at five years, replacing eight years, with effect from 6 March 2019.
- Section 8(3) bars investigation of a complaint made after five years from the date of the action complained against.
Three options paraphrase the Act's definition; option (3) does not.
Study next
Common traps
- Treating any serious wrong as Lokayukta territory. Jurisdiction runs through the definition of "allegation": abuse of position, improper motive, and corruption or lack of integrity.
- Rejecting a match because the words differ. The options paraphrase the Act — "unreasonable harm or suffering" for "undue harm or hardship", "illegal benefits" for "gain or favour".
- Assuming every elected local office-holder is covered. The Act names Pramukhs, Up-Pramukhs, Pradhans, Up-Pradhans and standing-committee chairmen in Panchayati Raj bodies, not Sarpanches and Panches.
A Lokayukta question can quote a section and ask what falls inside or outside it, or ask which office-holders the Lokayukta can investigate.
It can also test how the Lokayukta is appointed and removed, the term of office or the committees that reviewed the institution.
Related PYQs
UnlockIAS will link similar questions from RAS Pre 2023, 2021 and 2018 here once those papers are published on this site.
Practice
- practice — not a real PYQ
Under 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 Chief Secretary and the State Election Commissioner
Answer(2) — Section 3(1) requires consultation with the Chief Justice of the High Court and the Leader of the Opposition, or a person elected by the Opposition if there is no such Leader. The Chief Minister and Speaker (1), the Chief Justice of India (3), and the Chief Secretary and State Election Commissioner (4) are not the consultees named. - practice — not a real PYQ
Under Section 8(3) of the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973, a complaint involving an allegation cannot be investigated if it is made after how many years from the date of the action complained against?
- (a)One year
- (b)Three years
- (c)Five years
- (d)Seven years
Answer(3) — Section 8(3) sets the limit at five years. One year (1), three years (2) and seven years (4) do not match the Act.