Introduction

The Himachal Pradesh Lokayukta plays a pivotal role as the parliamentary ombudsman, functioning as a high-level statutory body established under the Himachal Pradesh Lokayukta and Upa-Lokayuktas Act, 2014. This article section delves into the significance of the Lokayukta in elevating the standards of public administration in Himachal Pradesh.

Legal Foundation

Himachal Pradesh Lokayukta Act was passed in 1983. Enacted as a result of the Lokpal and Lokayukta Act, 2013, the Himachal Pradesh Lokayukta’s establishment became a legal mandate on January 16, 2014. This legislation made it obligatory for every state to appoint its Lokayukta within a year. The purpose behind this legal framework is to facilitate swift investigations of complaints and grievances filed by the public against state ministers, legislators, and other public servants.

Eligibility

To be eligible for the post of Lokayukta in Himachal Pradesh, a person must meet the following criteria: 

• Be a serving or former judge of the Supreme Court
• Be a Chief Justice of a High Court
• Cease practicing any profession if they are currently practicing

Appointment Process

The appointment of the Lokayukta involves a meticulous procedure. 

The Governor of Himachal Pradesh appoints the Lokayukta. The Chief Minister nominates the Lokayukta in consultation with the following: 

• Chief Justice of the High Court of Himachal Pradesh
• Leaders of the Opposition in the Legislative Assembly and Legislative Council
• Speaker of the Legislative Assembly
• Chairman of the Legislative Council
• The Governor, based on these recommendations, formally appoints the Lokayukta.

Tenure and Removal

According to the provisions of the Lokayukta Act, the process of appointment of Lokayukta involves the recommendation of a Selection Committee. The Governor of the concerned state will then appoint the selected candidate through a warrant under his hand and seal. 

The Lokayukta thus appointed will hold the office for a term of five years, starting from the date on which he enters upon the office. The term of the Lokayukta may come to an end earlier if he attains the age of seventy years before completing five years in office. 

During the term of his office, the Lokayukta will carry out his duties and responsibilities as per the provisions of the Lokayukta Act. He will be responsible for investigating complaints against public officials and ensuring that the administration is functioning as per the laws and regulations. 

The appointment of Lokayukta is crucial in ensuring transparency and accountability in the functioning of the government and public officials.However, the statute specifies conditions under which removal from office is permissible, such as instances of misbehavior or reasons outlined in the governing Act.

Composition of Lokayukta Bench

One of the most noteworthy aspects of its structure is the composition of its bench, which consists of both judicial and non-judicial members. This composition ensures that a diverse range of perspectives is taken into account when addressing grievances and complaints. 

The judicial members on the Lokayukta bench are typically retired judges who bring a wealth of legal expertise to the table. They have a deep understanding of the legal framework and can provide valuable insights on the interpretation of laws and regulations. The non-judicial members, on the other hand, are usually experts from various fields such as administration, finance, and social work. They bring a wealth of practical experience to the table and can provide valuable insights into the workings of public offices.

The combination of judicial and non-judicial members on the Lokayukta’s bench ensures that there is a balanced and comprehensive approach to addressing grievances and complaints. The judicial members can provide an authoritative interpretation of the law while the non-judicial members can provide practical insights into the workings of public offices. This helps to ensure that the Lokayukta’s investigations are fair, impartial, and effective in identifying and addressing instances of corruption and maladministration in public offices.

List of Lokayukta Of Himachal Pradesh

Himachal Pradesh’s current Lokayukta is Mr. CB Barowalia. The post had been vacant for eight years after the previous Lokayukta’s term ended during the last Congress government.