Maharashtra brings IAS Officers under Lokayukta purview after clearing key amendments

In a significant tightening of its anti-corruption framework, the Maharashtra Legislative Assembly has passed amendments to the Maharashtra Lokayukta Act, 2023, bringing Indian Administrative Service (IAS) officers and several state-appointed officials clearly under the jurisdiction of the state’s anti-corruption ombudsman. The changes aim to eliminate long-standing ambiguity over whether such officers fall under the Lokayukta or the national-level Lokpal.

The amendment bill, cleared on Thursday evening without debate, was moved by Chief Minister Devendra Fadnavis. He said the revisions were essential to resolving confusion flagged by the President’s office regarding the earlier version of the Act. “The amendment makes it clear that IAS officers appointed by the state on authorities created under Central Acts will also come under the Lokayukta,” Fadnavis said, adding that this removes an “existing ambiguity” that had stalled many potential inquiries.

Under the old framework, officials appointed by the state to bodies established under Parliamentary Acts fell into a grey zone with no clarity on whether they should be investigated by the Lokpal under the Lokpal and Lokayuktas Act, 2013, or by the state’s Lokayukta. This overlap not only delayed investigations but also sometimes led to both bodies denying jurisdiction. The amendments now specify that only those officers appointed solely by the Union government will remain under Lokpal oversight, while all state-appointed officials will fall under the Lokayukta.

The bill also updates references to repealed Central Acts, replacing the Indian Penal Code with the Bharatiya Nyay Sanhita and aligning the legislation with India’s new criminal laws. Officials said this cleanup was necessary to modernize the Act and avoid legal inconsistencies.

According to the amended provisions, the Lokayukta will now have the authority to examine corruption complaints against IAS officers, but investigative action will still require the chief minister’s approval, along with the views of the chief secretary. Approval-based safeguards continue across the hierarchy: a two-thirds majority in the Assembly is required to allow an inquiry against a serving or former chief minister; permissions from the governor, a group of ministers, the Council chairperson or the Assembly Speaker are mandatory for investigations against ministers and legislators; and even inquiries against local-level leaders such as municipal corporators or sarpanchs need clearance from the concerned minister.

Fadnavis said the revised bill incorporates all clarifications suggested by the President’s office and does not require further presidential assent. The government believes the amendments will streamline the functioning of the anti-corruption body, prevent overlapping mandates between the Lokpal and Lokayukta, and ensure that senior officials including IAS officers cannot avoid scrutiny through loopholes that previously existed in the law.