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Difficulty: HardState Polity, Administration, and Governance

Consider the following statements regarding the statutory position, administrative powers, and jurisdiction of the Lokayukta in state administration:

1. The office of Lokayukta is a uniform constitutional body created under Article 252 across all states.
2. In most states, the recommendations and investigation reports submitted by the Lokayukta regarding public servants are advisory in nature and not legally binding on the state executive.
3. Members of the state judiciary, including serving judges of the High Court, fall directly under the investigative jurisdiction of the State Lokayukta.

Which of the statements given above is/are correct?

  1. 2 onlyAnswer
  2. B
    1 and 2 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Answer

The correct answer is the option stating '2 only'.
Only statement 2 is correct. The Lokayukta is a statutory ombudsman whose recommendations are advisory. Statement 1 is incorrect because Lokayukta is statutory rather than constitutional. Statement 3 is incorrect because serving High Court judges are outside the investigative mandate of State Lokayuktas.

Step-by-Step Solution

1
Analyze Statement 1 regarding the legal and constitutional status of the Lokayukta.
Statement 1 is incorrect.
The Lokayukta is a statutory institution created by state-specific acts, not a constitutional body under Article 252.
2
Analyze Statement 2 regarding the enforcement authority of Lokayukta recommendations.
Statement 2 is correct.
The recommendations of the Lokayukta are recommendatory/advisory. The state government is obliged to examine the report and submit an action taken report to the state legislature, but cannot be compelled by the Lokayukta directly.
3
Analyze Statement 3 regarding the inclusion of High Court judiciary within Lokayukta jurisdiction.
Statement 3 is incorrect.
Constitutional provisions insulate the judiciary from state-level administrative ombudsmen, excluding High Court judges from Lokayukta inquiries.

Key Concept

Statutory framework and jurisdictional limits of the State Lokayukta
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Topics

State Polity, Administration, and Governance

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