Aspirant Academy

Public Administration

Rajasthan Lokayukta

State Administration: Governor, CM, Secretariat, Chief Secretary, Directorates, Police, Revenue Board, Lokayukta

Paper III · Unit 2 Section 9 of 13 0 PYQs 28 min
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Rajasthan Lokayukta

8.1 Establishment and Legal Framework

The Rajasthan Lokayukta is established under the Rajasthan Lokayukta Act, 1973 — one of the earliest Lokayukta laws in India (Karnataka established the first in 1963; Rajasthan was among the early adopters).

Key features of the Rajasthan Lokayukta Act:

  • The Lokayukta is appointed by the Governor in consultation with the Chief Justice of the Rajasthan High Court.
  • Term: 5 years or until age 70 (whichever is earlier).
  • Not eligible for reappointment.
  • Removal: Same as a High Court judge (address of the state legislature).

8.2 Jurisdiction — Who is Covered? (2021 PYQ — 5 marks, directly asked)

Persons within Lokayukta's jurisdiction (Rajasthan):

  • Ministers (including Cabinet ministers, Ministers of State)
  • State government officers (IAS, IPS, RAS, etc.)
  • Employees of state boards, corporations, universities
  • Members of local bodies in certain matters
  • Police officers — crucial Rajasthan feature

Persons OUTSIDE Lokayukta's jurisdiction:

  • Governor (constitutional immunity)
  • Chief Minister (explicitly excluded from original Act — subject to debate)
  • Members of the Legislative Assembly (MLAs) — they fall under Privileges Committee
  • Judges of High Court — judicial independence
  • Central government employees posted in Rajasthan

Note: The jurisdiction of Lokayukta varies across states. Rajasthan's 1973 Act has been amended multiple times. As of the current position, the CM is generally considered to be within the Lokayukta's jurisdiction for matters not related to discharge of official duties as CM — but this is contested.

8.3 Powers of Rajasthan Lokayukta

  1. Investigation powers: Can investigate complaints against covered public servants for:
    • Maladministration (improper, unjust, oppressive conduct)
    • Corruption or abuse of power
    • Nepotism and favouritism
  2. Powers of Civil Court: Can summon witnesses, require production of documents, receive affidavits.
  3. Recommendations: Can recommend action to the Governor (for ministers) or relevant authority for officers.
  4. Suo motu: Can take up cases on its own without a complaint.
  5. Limitation: Its recommendations are not binding — the government may reject them (though it must give reasons).

8.4 Right to Hearing Act, 2012 (2021 PYQ — 10 marks)

The Rajasthan Grievance Redressal (Right to Hearing) Act, 2012 was enacted to strengthen citizen accountability in administration:

Key provisions:

  • Every government department must designate a Hearing Officer.
  • Citizens can submit applications on specified grievance matters.
  • The Hearing Officer must hear the application and pass a reasoned order within 21 days (or extended period as specified).
  • If the order is unfavourable, the citizen has a right of appeal to an Appellate Authority within 30 days.
  • The Appellate Authority must decide within 30 days.
  • Officers failing to hear within time or passing unreasoned orders are liable to action.

Significance:

  • Gave citizens a legal right to be heard — not just to receive a service (complementing the Right to Public Services Act 2011).
  • Was widely seen as a model for other states and influenced the national Public Services Guarantee movement.