Activists’ Representation to Governor on Nagaland Lokayukta

Respected Sir,

We, the undersigned social activists, respectfully submit this representation seeking your kind and immediate intervention to address critical structural and functional issues that continue to hinder the effective functioning of the Nagaland Lokayukta. As the only statutory anti-corruption institution in the State, the Lokayukta plays a pivotal role in ensuring transparency and accountability in governance. However, despite its establishment over six years ago, the institution faces significant operational constraints that undermine its purpose. After filing complaints with the Lokayukta and conducting follow-up inquiries through the Right to Information (RTI) Act from both the Department of Personnel & Administrative Reforms (P&AR) and the Nagaland Lokayukta Office, we have identified the following pressing issues:

1. Lack of Police Powers:- Though the Nagaland Lokayukta Police Station was notified following the dissolution of the Vigilance Commission, the Government has yet to confer statutory police powers to its Investigating Wing. Without these powers, the institution cannot independently investigate, collect evidence, or make arrests—basic functions necessary to pursue corruption cases effectively. Despite repeated representations, no action has been taken. Compared to other States, where both Lokayukta and Vigilance wings coexist and function independently, Nagaland relies solely on the Lokayukta—yet it operates without the tools to carry out its mandate. We therefore appeal for your intervention to direct the State Government to urgently grant police powers to the Lokayukta Investigating Wing.

2. Non-Framing of Rules under the Lokayukta Act:- More than six years since the enactment of the Nagaland Lokayukta Act, the Government has failed to frame and notify the necessary Rules under the Act. Despite constituting committees on two occasions, the Rules remain pending, leading to procedural ambiguity and inefficiency. These Rules are foundational to the Lokayukta’s operation and are essential for lawful implementation of its powers. We urge your office to ensure that these Rules are framed and notified without further delay.

3. Absence of Service Rules for Lokayukta, Upa-Lokayukta, and Staff:- There are currently no notified Condition of Service Rules for the Lokayukta, Upa-Lokayukta, or the officers and employees of the institution. This has led to irregularities in appointments, unclear tenures, and an overall lack of service structure. In contrast, other States have well-defined service conditions that support institutional integrity and staff morale. The absence of such rules in Nagaland compromises autonomy and exposes the institution to administrative dependence. We request your intervention to direct the Government to frame and notify these Service Rules at the earliest.

4. Inadequate Staffing and Structural Gaps in the Administrative Section:- The administrative section of the Nagaland Lokayukta is critically understaffed and structurally deficient. It is currently headed by a Joint Secretary-level officer as Secretary, with only one Under Secretary, one Superintendent, two Assistant Superintendents, four UDAs, and six LDA-cum-Computer Assistants mostly inherited from the former Vigilance Commission. There is no full-fledged Secretary of suitable rank, nor a proper administrative hierarchy to manage day-to-day operations. Multiple proposals submitted by the Lokayukta for the creation and upgradation of posts have been ignored. This has severely affected the institution’s ability to function effectively and independently. We appeal to your good office to kindly ensure restructuring and strengthening of the administrative setup.

5. Misplacement of the Lokayukta under the Nagaland Rules of Executive Business:- The Lokayukta, as a quasi-judicial statutory authority, is meant to function independently of the executive branch of government. In most States, the Lokayukta operates under its enabling Act and is not subject to the Rules of Executive Business, which are applicable only to executive departments. However, in Nagaland, the Lokayukta has been placed under the purview of the Nagaland Rules of Executive Business, which compromises its autonomy and contradicts its intended independent status. While administrative facilitation such as staffing or budget coordination may involve interaction with executive departments, the core functioning, powers, and decisions of the Lokayukta must remain entirely outside executive control. We therefore urge the Hon’ble Governor to intervene and ensure that the Nagaland Lokayukta is delinked from the Rules of Executive Business to uphold its statutory independence and constitutional integrity.

6. Inadequate Fund Allotment under Office Expenses and Motor Vehicle Heads:-RTI information reveals that the Nagaland Lokayukta has not received adequate funds under the Office Expenses (O.E) and Motor Vehicle heads, despite repeated requisitions. As a result, the office often runs on credit, and essential reimbursements such as POL (Petrol, Oil, and Lubricants) from August 2024 to March 2025, block year maintenance, and tyre replacements remain unpaid. Furthermore, the staff bus purchased in 2006 is now unserviceable, leaving employees without proper transport facilities. While funds are allocated for new vehicles, regular maintenance and operational costs are neglected. We urge the Hon’ble Governor to intervene and ensure adequate budgetary support for the effective functioning of the institution.

7. High Expenditure on Litigation Due to Challenges Against Lokayukta’s Authority:- RTI responses reveal that the Nagaland Lokayukta spent Rs 23.00 lakhs in 2023–2024 and Rs 19.00 lakhs in 2024–2025 on litigation expenses. A significant portion of this expenditure was incurred in defending legal challenges filed by delinquent officials, questioning the autonomy, powers, and jurisdiction of the Lokayukta in conducting investigations. This recurring pattern of litigation not only burdens the institution financially but also obstructs its ability to function effectively. We respectfully suggest that necessary amendments to the Nagaland Lokayukta Act be considered to clarify and strengthen the institution’s powers, thereby minimizing scope for frivolous or obstructive legal action and protecting the integrity of its decisions.

The issues outlined above reflect systemic neglect that threatens the purpose and credibility of the Nagaland Lokayukta. As citizens committed to transparency, accountability, and clean governance, we believe that your intervention is crucial to revitalize this important institution.

We trust in your commitment to good governance and justice and look forward to your kind and timely intervention.

Yours sincerely,