Maharashtra brings IAS officers under purview of Lokayukta with amendment

The Maharashtra legislative assembly has approved amendments to the Lokayukta Act that will, for the first time, bring Indian Administrative Service (IAS) officers and several state-appointed officials under the purview of the anti-corruption watchdog.

The amendment bill, which was passed on Thursday evening, expands the scope of the Maharashtra Lokayukta Act, 2023, and removes ambiguities flagged earlier by the President's office.

Chief Minister Devendra Fadnavis, who moved the amendments, said the revised provisions were essential to ensuring clarity on which officials fall under the Lokayukta's scrutiny.

The amendment makes it clear that IAS officers appointed by the state on authorities created under Central Acts will also come under the Lokayukta. This will remove the existing ambiguity, he said.

 

The amendments specify that officers appointed by the state government to various boards, authorities and committees established under Parliamentary Acts will now be covered. Earlier, ambiguity existed over whether such authorities fell under the jurisdiction of the Lokayukta or the Lokpal constituted under the Lokpal and Lokayuktas Act, 2013.

As per the amendments, the intention is to include only those authorities appointed by the state under Central Acts, while excluding those appointed solely by the Union government, which come under the Lokpal's mandate. The changes aim to remove the doubt of overlapping of jurisdiction between the two bodies.

The bill also updates references to repealed Central Acts, replacing the Indian Penal Code with the Bharatiya Nyay Sanhita and similar updated statutes.

The amendments were cleared without debate. Fadnavis said they were drafted based on inputs from the President's office and that the revised legislation does not need to be sent back for further approval.

The bill now explicitly brings IAS officers under the ambit of the Lokayukta, though any probe will still require the chief minister's approval along with the views of the chief secretary.

The original Act, passed during the previous government, requires a two-thirds majority in the assembly to allow an inquiry against a present or former chief minister. Similar approvals from the governor, a group of ministers, the Council chairperson or the Assembly Speaker are mandated for probes against ministers and legislators. Even for investigating municipal corporators or sarpanchs, the Lokayukta must seek consent from the minister concerned.