Sikkim Amends Lokayukta Act, Enhancing Accountability and Administrative Framework

The Sikkim Lokayukta (Amendment) Act, 2023, designated as Act No. 03 of 2023, was officially published in the Sikkim Government Gazette on Thursday, June 22, 2023, following its passage by the Sikkim Legislative Assembly and the Governor's assent on June 8, 2023. This legislative instrument serves to further amend the principal Sikkim Lokayukta Act, 2014, and came into force immediately upon its publication. The primary objective of this amendment is to strengthen the operational framework and accountability mechanisms of the Lokayukta (an anti-corruption ombudsman body) within the state.

A significant change introduced by the Act is the insertion of a new sub-section (2) into Section 5 of the principal Act, mandating that the Chairperson and every Member of the Lokayukta must make and subscribe an oath or affirmation before the Governor prior to assuming office. This formalizes their commitment to duty and allegiance. Furthermore, Section 9 of the principal Act has been substituted, revising the appointment process for key administrative positions. Under the amended provisions, a Secretary to the Lokayukta, holding the rank of Secretary to the Government of Sikkim, will now be appointed by the Chairperson from a panel of names provided by the State Government. Similarly, an Inspector of Inquiry and a Public Prosecutor will be appointed by the Lokayukta from panels submitted by the State Government, streamlining the selection of crucial personnel. The legislation also introduces new Sections 32A and 32B, which address the financial administration of the Lokayukta. Section 32A empowers the State Government to provide grants for salaries, allowances, and administrative expenses, subject to appropriation by the Assembly. Section 32B mandates the Lokayukta to maintain proper accounts and prepare an annual statement, to be audited by the Accountant General of the State. The audit report, along with certified accounts, will be forwarded annually to the State Government for presentation before the Legislature, ensuring financial transparency and oversight. The legislation provided: “The Chairperson and every member shall before entering their office, make and subscribe before the Governor an oath or affirmation in the form set out for this purpose in the Schedule.” Additionally, the Act inserts Schedule-I, which prescribes the specific form of oath or affirmation to be made by the Chairperson and Members of the Lokayukta, emphasizing their commitment to uphold the Constitution and laws without fear or favour.

The legislative intent behind the Sikkim Lokayukta (Amendment) Act, 2023, is to enhance the institutional integrity, administrative efficiency, and financial accountability of the Lokayukta. The earlier legal position under the Sikkim Lokayukta Act, 2014, while establishing the anti-corruption body, did not explicitly detail certain procedural and financial safeguards now introduced. The amendments address statutory gaps concerning the formal oath-taking ceremony for its highest functionaries, which is a standard practice for constitutional and statutory offices, thereby reinforcing public trust and the solemnity of their roles. By substituting sub-sections in Section 9, the Act aims to ensure that the appointment of the Secretary, Inspector of Inquiry, and Public Prosecutor is conducted through a structured process involving panels from the State Government, thereby ensuring qualified and suitable individuals are selected for these critical roles that support the Lokayukta's investigative and prosecutorial functions. The introduction of Sections 32A and 32B fills a crucial gap by establishing a clear framework for financial grants, proper accounting, and independent auditing by the Accountant General. This ensures the Lokayukta's financial independence and accountability, preventing potential resource constraints from impeding its operations and providing a robust mechanism for public scrutiny of its expenditures. These amendments collectively aim to fortify the Lokayukta's capacity to function as an effective and transparent anti-corruption ombudsman in Sikkim.

Keywords: Sikkim Lokayukta, Amendment Act, 2023, anti-corruption, public accountability, financial oversight, oath of office, administrative appointments Geo Tags: India, Sikkim District: Not Applicable