Whose Lokayukta

The Narendra Modi government has challenged the appointment of retired Justice R.A. Mehta as the Gujarat Lokayukta,alleging that he is biased and that the state government had been deliberately bypassed in his appointment. Whatever the merits of this case,one thing is clear: across states,the institution of the Lokayukta is caught in a political tug-of-war between the state government and the opposition,with the governors role adding another potential partisan twist.

So what happens to the Gujarat case in the apex court has significant implications given that,in the Lokpal bill debate in Parliament,regional parties made a persuasive argument,citing federalism,that the appointment of the Lokayukta should be left to them,not imposed by the Centre. So prepare for pitched battles in each state as government and opposition push for their own people or resist the others choice. For instance,the appointment of Gujarats last Lokayukta,Justice retd S.M. Soni,was also clouded by the Congresss protest at not being formally consulted by an NDA-appointed governor in a BJP-ruled state. In Madhya Pradesh now,the opposition Congress has raised a ruckus over the Lokayukta,who they allege was appointed in haste,and operates with a clear BJP bias. In Delhi,an upset Lokayukta has asked the government to explain why he shouldnt get a position of primacy after the lieutenant-governor. He also wants to monitor civil servants who are appointed corporate directors,and to arrogate search and seize powers to his office as in Karnataka and MP all suggestions rejected by the Delhi government. In UP,meanwhile,the chief minister has sacked six ministers indicted by the Lokayukta.

This conflict is only to be expected. The ombudsmans office could potentially emerge as an alternative power centre,clashing with the state government or aiding it,unless there is greater clarity on its powers and responsibilities,and more uniformity in its design. If the Lokayukta is to function as a free and fair overseer,then the terms of appointment have to be transparent. It would also require the governors appointment to be utterly non-partisan,and not a political gift for services rendered or a way to get Raj Bhavan to breathe down the neck of an opposition government. If the Lokayukta is to be above political skirmishes,other institutions must also cease to hold an instrumental value for political parties. Thats a tall order s and it reveals the perils of creating an ombudsman in a way that the institution revolves around the individual.