After many a false step, Tamil Nadu is finally set to get a Lokayukta and that too because the Supreme Court had set the deadline of 10 July for establishing the anti-corruption institution in the State.

A day before expiry of the deadline, the State Assembly hurriedly passed legislation for constituting the Lokayukta which was described by the opposition Pattali Makkal Katchi leader S Ramadoss as erection of a ‘scarecrow’ instead of posting a brave warrior as the security guard.

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The ruling AIADMK has ensured that the Lokayukta would turn a blind eye to corrupt practices prevalent in each and every government department. The legislation does not say the Chief Minister has been brought under its purview.

The main Opposition parties comprising the DMK, Congress and the IUML staged a walk-out in an attempt to get the Lokayukta Bill referred to a select committee of the Assembly to rectify its shortcomings. Anti-corruption activists also opposed the Bill as it had several flaws.

It provides for one year imprisonment and a fine of Rs 100,000 in case any complaint is found to be false, frivolous or vexatious and such complainant is liable to pay compensation to the public servant against whom a false complaint is made.

“No suit, prosecution or other legal proceedings under this legislation shall be against any public servant, in respect of anything which is done in good faith or intended to be done in the discharge of his/her official functions or in exercise of his powers,” the Bill says.

The Lokayukta is forbidden from inquiring into any complaint if it is not made within four years from the date on which the offence is alleged to have taken place. Also, the Lokayukta does not have powers to inquire into any complaint made against its chairperson or members.

The chairperson or a member can be removed if 45 MLAs give a signed representation which is then referred by the Governor to the High Court for an inquiry. The Governor, however, has the powers to remove the chairperson or any member on various grounds. According to the Bill passed, the Tamil Nadu Lokayukta is a toothless wonder. MK Stalin, leader of the Opposition, said the Lokayukta Bill passed by the Assembly was intended to safeguard those involved in blatant corruption.

There is no transparency in the selection of Lokayukta. According to Section 3 (2) (a) of the legislation, the selected chairperson should be one who is or has been a judge of the High Court or a person with 25 years’ experience in anti-corruption policy, public administration, vigilance, finance or law.

There is reason to fear the Lokayukta may become a refuge for officials privy to and participants in the shenanigans of AIADMK governments, as revealed by CAG reports and judicial strictures.