Lokpal and Important Commissions (Indian Polity and Governance) Part-I

Total Questions: 56

11. The first 'Lokayukta' was established in which of the following States? [67th B.P.S.C. (Pre), 2021]

Correct Answer: (c) Maharashtra
Solution:Maharashtra was the first state to introduce the institution of Lokayukta through the Lokayukta and UPA-Lokayuktas Act in 1971. The institution came into effect on 25th October, 1972. Odisha is first state in India to pass the Lokayukta Act. Governors appoint the Lokayukta as advised by the Chief Minister of the State for a term of five years.

Some major issues regarding the implementation of the Lokpal and Lokayuktas Act, 2013 include

  • Selection Committee: The Lokpal and Lokayukta Act of 2013, despite being passed in 2014, was not implemented due to the absence of a Leader of Opposition
    (LoP) in the 16th Lok Sabha.
  • However, the Supreme Court clarified that this absence should not stall the appointment process for the Lokpal.
  • In addition, a Parliamentary Standing Committee in 2015 submitted a report supporting the amendment to replace the LoP with the leader of the single largest opposition party in the Lok Sabha.

Lokayukta: According to a report by Transparency International

  • Out of the total states and UTs, nine Assam, Bihar, Chhattisgarh, Delhi, Goa, Jharkhand, Kerala, Madhya Pradesh, and Uttar Pradesh - have not amended
    their Lokayukta Acts to bring them in line with the Lokpal and Lokayukta Act of 2013.
  • Only four states Bihar, Manipur, Odisha, and Tamil Nadu have appointed judicial and non-judicial members of the anti-corruption ombudsman Lokayukta.

12. Which one of the following States first established the Institution of Lokayukta? [Uttarakhand P.C.S. (Pre) 2012]

Correct Answer: (b) Maharashtra
Solution:The Lokayukta Institution was first established in the State of Maharashtra. Lokayukta Institution was first established through Maharashtra Lokayukta and UPA- Lokayukta Act, 1971.

Features of Lokayukta

  • No uniformity: Some States created Lokpal and Lokayukta while others have only Lokayukta.
  • Appointment: The Lokpal and Lokayukta are appointed by the governor of the state.
  • The governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly
  • Qualifications: Some states have prescribed qualifications. Example: Uttar Pradesh, Himachal Pradesh, Andhra Pradesh etc while others
    don't prescribe it, Example: Bihar and Maharashtra have not prescribed any qualification.
  • Tenure: The term of 5 years duration or 65 years of age, whichever is earlier in most of the states. He is not eligible for reappointment for a second term.
  • Investigations: The Lokayukta can initiate investigations either based on a complaint received from the citizen against unfair administrative
    action or suo moto. In some states no suo moto power,
  • Example: Uttar Pradesh, Himachal Pradesh etvc
  • Annual Report: To the governor, Governor places this report along with an explanatory memorandum before the state legislature.
  • The Lokayukta is responsible to the state legislature.
  • Assistance from the State: He takes the help of the state investigating agencies for conducting inquiries.
  • He can call for relevant files and documents from the state government departments.
  • Advisory Role: The recommendations are only advisory and not binding on the state government.

13. The Lokayukta of Uttar Pradesh submits its report to- [U.P. P.C.S. (Mains) 2007]

Correct Answer: (c) Governor
Solution:Features of Lokayukta
  • No uniformity: Some States created Lokpal and Lokayukta while others have only Lokayukta.
  • Appointment: The Lokpal and Lokayukta are appointed by the governor of the state.
  • The governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly
  • Qualifications: Some states have prescribed qualifications. Example: Uttar Pradesh, Himachal Pradesh, Andhra Pradesh etc while others
    don't prescribe it, Example: Bihar and Maharashtra have not prescribed any qualification.
  • Tenure: The term of 5 years duration or 65 years of age, whichever is earlier in most of the states. He is not eligible for reappointment for a second term.
  • Investigations: The Lokayukta can initiate investigations either based on a complaint received from the citizen against unfair administrative
    action or suo moto. In some states no suo moto power,
  • Example: Uttar Pradesh, Himachal Pradesh etvc
  • Annual Report: To the governor, Governor places this report along with an explanatory memorandum before the state legislature.
  • The Lokayukta is responsible to the state legislature.
  • Assistance from the State: He takes the help of the state investigating agencies for conducting inquiries.
  • He can call for relevant files and documents from the state government departments.
  • Advisory Role: The recommendations are only advisory and not binding on the state government.

14. What is tenure of Uttar Pradesh Lokayukta? [U.P.R.O./A.R.O. (Pre) 2017]

Correct Answer: (d) 8 year
Solution:Under Uttar Pradesh Lokayukta Act, 1975 the Lokayukta submits its report to the Governor which is presented in both the Houses of the State Legislature. The tenure of Lokayukta in Uttar Pradesh 8 year.

Features of Lokayukta

  • No uniformity: Some States created Lokpal and Lokayukta while others have only Lokayukta.
  • Appointment: The Lokpal and Lokayukta are appointed by the governor of the state.
  • The governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly
  • Qualifications: Some states have prescribed qualifications. Example: Uttar Pradesh, Himachal Pradesh, Andhra Pradesh etc while others
    don't prescribe it, Example: Bihar and Maharashtra have not prescribed any qualification.
  • Tenure: The term of 5 years duration or 65 years of age, whichever is earlier in most of the states. He is not eligible for reappointment for a second term.
  • Investigations: The Lokayukta can initiate investigations either based on a complaint received from the citizen against unfair administrative
    action or suo moto. In some states no suo moto power,
  • Example: Uttar Pradesh, Himachal Pradesh etvc
  • Annual Report: To the governor, Governor places this report along with an explanatory memorandum before the state legislature.
  • The Lokayukta is responsible to the state legislature.
  • Assistance from the State: He takes the help of the state investigating agencies for conducting inquiries.
  • He can call for relevant files and documents from the state government departments.
  • Advisory Role: The recommendations are only advisory and not binding on the state government.

15. The first Indian State to pass the Lokayukta Bill in 2011 is- [U.P.P.C.S.(Pre) 2012]

Correct Answer: (c) Uttarakhand
Solution:Uttarakhand passed the Lokayukta Bill on 1 November, 2011.

Features of Lokayukta

  • No uniformity: Some States created Lokpal and Lokayukta while others have only Lokayukta.
  • Appointment: The Lokpal and Lokayukta are appointed by the governor of the state.
  • The governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly
  • Qualifications: Some states have prescribed qualifications. Example: Uttar Pradesh, Himachal Pradesh, Andhra Pradesh etc while others
    don't prescribe it, Example: Bihar and Maharashtra have not prescribed any qualification.
  • Tenure: The term of 5 years duration or 65 years of age, whichever is earlier in most of the states. He is not eligible for reappointment for a second term.
  • Investigations: The Lokayukta can initiate investigations either based on a complaint received from the citizen against unfair administrative
    action or suo moto. In some states no suo moto power,
  • Example: Uttar Pradesh, Himachal Pradesh etvc
  • Annual Report: To the governor, Governor places this report along with an explanatory memorandum before the state legislature.
  • The Lokayukta is responsible to the state legislature.
  • Assistance from the State: He takes the help of the state investigating agencies for conducting inquiries.
  • He can call for relevant files and documents from the state government departments.
  • Advisory Role: The recommendations are only advisory and not binding on the state government.

16. Which of the following are the States where the Chief Minister comes in the ambit of the Lok Ayukta Act? [I.A.S. (Pre) 1995]

Correct Answer: (c) Madhya Pradesh and Orissa
Solution:Option (c) was the correct answer when the question was asked, but at present, the Lokayukta Act has included the Chief Minister in its ambit in many States like Himachal Pradesh, Andhra Pradesh, Madhya Pradesh, Gujarat, Maharashtra, Odisha and Panjab.

Features of Lokayukta

  • No uniformity: Some States created Lokpal and Lokayukta while others have only Lokayukta.
  • Appointment: The Lokpal and Lokayukta are appointed by the governor of the state.
  • The governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly
  • Qualifications: Some states have prescribed qualifications. Example: Uttar Pradesh, Himachal Pradesh, Andhra Pradesh etc while others
    don't prescribe it, Example: Bihar and Maharashtra have not prescribed any qualification.
  • Tenure: The term of 5 years duration or 65 years of age, whichever is earlier in most of the states. He is not eligible for reappointment for a second term.
  • Investigations: The Lokayukta can initiate investigations either based on a complaint received from the citizen against unfair administrative
    action or suo moto. In some states no suo moto power,
  • Example: Uttar Pradesh, Himachal Pradesh etvc
  • Annual Report: To the governor, Governor places this report along with an explanatory memorandum before the state legislature.
  • The Lokayukta is responsible to the state legislature.
  • Assistance from the State: He takes the help of the state investigating agencies for conducting inquiries.
  • He can call for relevant files and documents from the state government departments.
  • Advisory Role: The recommendations are only advisory and not binding on the state government.

17. A Committee constituted in 2014 under the Chairmanship of Narpat Mal Lodha is related to which of the following subjects? [Raj. P.C.S. (Pre) 2023]

Correct Answer: (d) Lokayukta
Solution:In 2014, a high-level committee was constituted by the Rajasthan government under the chairmanship of Advocate General Shri Narpat Mal Lodha to consider and discuss all the aspects of the provisions of the existing Lokayukta Act. The Lokpal and Lokayuktaa Act, 2013 for the establishing of Lokpal at central level and state level Lokayuktaa institutions, came into force on January 16, 2014.

Features of Lokayukta

  • No uniformity: Some States created Lokpal and Lokayukta while others have only Lokayukta.
  • Appointment: The Lokpal and Lokayukta are appointed by the governor of the state.
  • The governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly
  • Qualifications: Some states have prescribed qualifications. Example: Uttar Pradesh, Himachal Pradesh, Andhra Pradesh etc while others
    don't prescribe it, Example: Bihar and Maharashtra have not prescribed any qualification.
  • Tenure: The term of 5 years duration or 65 years of age, whichever is earlier in most of the states. He is not eligible for reappointment for a second term.
  • Investigations: The Lokayukta can initiate investigations either based on a complaint received from the citizen against unfair administrative
    action or suo moto. In some states no suo moto power,
  • Example: Uttar Pradesh, Himachal Pradesh etvc
  • Annual Report: To the governor, Governor places this report along with an explanatory memorandum before the state legislature.
  • The Lokayukta is responsible to the state legislature.
  • Assistance from the State: He takes the help of the state investigating agencies for conducting inquiries.
  • He can call for relevant files and documents from the state government departments.
  • Advisory Role: The recommendations are only advisory and not binding on the state government.

18. Given below are two statements, in which one is Assertion and second is Reason. [U.P.P.C.S. (Pre) 1991]

Assertion (A): The definition of term 'Minority' is not given in the Constitution of India.

Reason (R) : Minority Commission is not a Constitutional body.

Which of the following is correct in regards to the statements above ?

Correct Answer: (b) Both (A) and (R) are true, but (R) does not explain (A) correctly.
Solution:Both Assertion (A) and Reason (R) are true, but Reason (R) does not explain Assertion (A) correctly. The term 'Minority' is not defined in the Constitution. Minority Commission is a statutory body because it is constituted under the National Minority Commission Act, 1992.

The National Commission for Minorities (NCM) is an autonomous body established by the Indian government in 1992 under the National Commission for Minorities Act, 1992.

  • The setting up of the Commission was envisaged in the Ministry of Home Affairs Resolution of 1978 for the enforcement and implementation of all the safeguards provided for the Minorities in the Constitution.
  • It is responsible for advising the central and state governments on matters related to the welfare and development of minority communities in Back India.
  • Initially, five religious communities, Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis), were notified as minority communities by the Union Government.
  • Further, with the 2014 notification, Jains were also notified as another minority community.
  • As per the 2011 Census, The Six religious minority communities constitute around 20% of the country's population.

19. Consider the following statements about the minorities in India: [I.A.S. (Pre) 2001]

1. The Government of India has notified five communities, namely, Muslims, Sikhs, Christians, Buddhists and Zoroastrians as minorities.

2. The National Commission for Minorities was given statutory status in 1993.

3. The smallest religious minority in India are the Zoroastrians.

4. The Constitution of India recognizes and protects religious and linguistic minorities.

Which of these statements are correct ?

Correct Answer: (d) 1, 2 and 4
Solution:With the enactment of the National Commission for Minorities Act, 1992 (came into force on 17th may, 1993) the minority commission became a statutory body and renamed as National Commission for Minorities. Thus statement 2 is True. The first statutory National commission was setup on 17th May, 1993, vide a Gazette notification issued on 23rd October 1993 by the Ministry of Welfare, GOI, five religious communities viz; the Muslims, Christians, Shikhs, Buddhists and Zoroastrians (Parsis) were notified as minority communities. Further vide notification dated 27th January, 2014, Jains have also been notified as minority community. Thus six communities has notified as minorities at present. At present statement 1 is false. Zoroastrians is not the smallest religious minority as there exist other smaller minorities which are not notified as minorities. The Constitution of India recognizes and protect religious and linguistic minorities.

20. The functions of the National Commission for Women are specified in 2 [M.P. P.C.S. (Pre) 2023]

Correct Answer: (c) Section 10 of the National Commission for Women Act, 1990
Solution:As per Section 10 of the National Commission for Women Act, 1990, The commission shall perform all or any of the following functions:
  • Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws.
  • Present to the Central Government annually reports upon the working of these safeguards.
  • Make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the union or any state.
  • Review the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies, or shortcomings in such legislations.
  • Take up cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities.
  • Look into complaints and take suo moto notice of matters relating to the deprivation of women's rights and non-implementation of laws enacted to provide protection to women.
    Undertake promotional and educational research.
    Participate and advise on the planning process of socio-economic development of women