CHENNAI: More than six years after its establishment, the Tamil Nadu Lokayukta continues to function without a head for its inquiry wing, leaving the state’s anti-corruption watchdog without a proper investigative arm even to conduct an initial probe into complaints against officials and public representatives.
Formed after a nationwide anti-corruption movement and judicial prodding that forced reluctant states to establish such institutions, the state Lokayukta today remains largely toothless, lacking institutional recognition, powers, safeguards and even public awareness required for it to function effectively.
Under the Tamil Nadu Lokayukta Act, 2018, the body is empowered to inquire into complaints against a wide range of public servants, including state ministers, legislators and senior officials such as IAS and IPS officers. To enable this, the law mandates the creation of an inquiry wing, headed by a director of inquiry, to investigate complaints against public servants.
The Tamil Nadu Lokayukta Rules, 2018, stipulate that the wing must have a director and an assistant director, appointed on deputation from the police department, not below the rank of Superintendent of Police and Deputy Superintendent of Police, respectively. However, since the Lokayukta was established in 2019, neither post has been filled, leaving the institution without its own investigative arm.
“The Lokayukta has the power to ask the DVAC to inquire into complaints against senior officials. But when public representatives are involved, it needs its own investigation wing with senior officials to at least conduct an initial impartial inquiry. This, coupled with the lack of awareness about the Lokayukta among the public, has kept the body largely dormant for years,” said K Jeevakumar, who has sent several representations to the government urging it to strengthen the institution.
He added that the government must create greater public awareness about the Lokayukta and enhance its powers to ensure it becomes an effective mechanism to curb corruption.
Jayaram Venkatesan of Arappor Iyakkam said the present framework itself limits the effectiveness of the body and the government should amend the Act. According to him, the Lokayukta’s inquiry wing is empowered only to conduct a preliminary inquiry and then send its findings to the government for registering an FIR.
“This mechanism itself is flawed and makes the institution toothless. To make the Lokayukta function effectively, the DVAC should be brought under the Lokayukta. It should have powers to file an FIR, file chargesheet and prosecute corruption cases,” Jayaram Venkatesan said.
Jeevakumar also pointed out that personal security officers have not been appointed for the chairperson and members of the Lokayukta, which, he said, is a lack of recognition for the institution. “How can they investigate corruption involving powerful individuals without adequate protection?” he asked.
The Lokayukta has received 672 complaints from 2019 to 2024, of which 137 are pending, as per its website. It does not list – in how many cases FIRs were filed. The DMK’s 2021 election manifesto had promised to revive the Lokayukta and strengthen its functioning, stating that the body would examine complaints, including corruption, malpractice and statutory violations, against MLAs and ministers. However, activists say no concrete steps have been taken so far to strengthen the institution.
The Lokpal and Lokayuktas Act was enacted in 2013, which required all states to establish a Lokayukta within a year. In 2018, the apex court pulled up TN for failing to appoint a Lokayukta and directed it to expedite the process to establish the body. Following this, the TN Lokayukta Act, 2018, was passed and the institution was finally constituted in 2019.
Lokayukta formation: SC had pulled up TN
The demand for an independent anti-corruption ombudsman gained momentum across the country in 2011, leading to the enactment of the Lokpal and Lokayuktas Act, 2013, which required all states to establish a Lokayukta within a year. However, TN was among the states that delayed the process. In 2018, the apex court pulled up TN for failing to appoint a Lokayukta and directed it to expedite the process to establish the body. Following this, the Tamil Nadu Lokayukta Act, 2018, was passed and the institution was finally constituted in 2019