Drawbacks

The following are the drawbacks (shortcomings) of the Lokpal and Lokayuktas Act, 20133a:

1. Lokpal cannot suo motu proceed against any public servant.

2. Emphasis on form of complaint rather than substance.

3. Heavy punishment for false and frivolous complaints against public servants may deter complaints being filed to Lokpal.

4. Anonymous complaints not allowed -Can’t just make a complaint on plain paper and drop it in a box with supporting documents.

5. Legal assistance to public servant against whom complaint is filed.

6. Limitation period of 7 years to file complaints.

7. Very non-transparent procedure for dealing with complaints against the PM.

Even much before the enactment of the Lokpal and Lokayuktas Act (2013) itself, many states had already set up the institution of Lokayuktas.

It must be noted here that the institution of lokayukta was established first in Maharashtra in 1971. Although Odisha had passed the Act in this regard in 1970, it came into force only in 1983.

Till 2013, 21 states and 1 Union Territory (Delhi) have established the institution of Lokyuktas. The details in this regard are mentioned below in Table 61.1.

Table 61.1 Establishment of Lokayukta in States (Chronological Order)

The various aspects of the institution of lokayukta are: