Hold lawmakers to the law

Despite the requirement under Section 22(1) of the Karnataka Lokayukta Act, 1984, that legislators and public servants submit annual statements of assets and liabilities—including those of their family members—by June 30, compliance remains notably low. Around 200 legislators, including six ministers, 66 MLAs, and 28 MLCs, failed to file their statements for 2024–25. This obligation is both a legal and moral measure against corruption and excessive asset accumulation. Such widespread non-compliance raises concerns about accountability, transparency, and the rule of law, indicating potential weaknesses in institutional integrity and ethical governance.

Sections 22(2) and 22(3) empower the Lokayukta to seek explanations from defaulters and report them to the competent authorities—the Governor for ministers, the Speaker or Chairman for legislators, and the disciplinary authority for other public servants. Section 12(3) permits the Lokayukta to recommend disciplinary action for deliberate default or misconduct. However, the Lokayukta lacks the powers to impose fines, suspend, or disqualify offenders, leaving enforcement to political and administrative will. This makes the institution more a moral authority than an effective statutory guardian, especially when compared with the strict framework governing government servants.

Government servants handle public resources and exercise administrative authority; consequently, they are held to strict standards of financial probity. The annual declaration of assets and liabilities is a key mechanism for ensuring accountability. Honouring this obligation reinforces credibility in governance, while ignoring it corrodes the ethical foundations of administration.

Rule 24 of the Karnataka Civil Services (Conduct) Rules, 2021, framed under Article 309 of the Constitution, requires public servants to file detailed declarations of movable and immovable properties, including family assets, within three months of joining service and annually thereafter by December 31. Non-compliance constitutes “conduct unbecoming of a government servant” under Rule 3(1)(iii) and attracts disciplinary action under Rule 11 of the Karnataka Civil Services (Classification, Control, and Appeal) Rules, 1957.

Depending on the severity, penalties may include censure, withholding of increments or promotions, recovery for losses, reduction in rank, compulsory retirement, or dismissal. As per DPAR circulars, late or non-submission may also result in denial of vigilance clearance, blocked promotions or transfers, and adverse service record entries, reinforcing a strong culture of accountability. Further, Rule 20 of the Conduct Rules, 2021, requires government servants to obtain prior permission and report movable assets exceeding Rs 50,000.

In contrast, the Lokayukta Act requires only annual disclosure, not prior approval. Ministers and legislators therefore undergo significantly lighter scrutiny. Unlike government servants governed by a binding statutory conduct framework, Karnataka’s legislators are regulated only by the Rules of Procedure and Conduct of Business of the Legislature, which apply largely within the House, and the Code of Conduct for Ministers, which is advisory and unenforceable.

The contrast between legislators and government servants highlights a double standard. Legislators who demand integrity and transparency from public servants are often reluctant to follow the same principles. Political self-interest deters them from introducing strict penalties applicable to themselves. Shielded by legislative privilege and weak enforcement mechanisms, many treat asset declarations as symbolic rather than mandatory. Morally, this is unjustifiable. Elected representatives are entrusted with public power and resources, and failing to set the benchmark for honesty erodes public faith and weakens democratic governance.

This unequal treatment in enforcing accountability among legislators, public servants, and government servants undermines the principle of equal accountability in public office. Transparency, a cornerstone of democratic governance, loses meaning when breaches carry no consequences. Legislators who demand honesty from citizens must be held to equal or higher standards. To restore trust in governance:

Amend Section 22(1) of the Lokayukta Act to incorporate explicit penalties for non-submission.

Empower the Lokayukta to directly enforce compliance, reducing dependence on political authorities.

Make all asset declarations publicly accessible on the Lokayukta’s website for citizen and media scrutiny.

Set firm timelines with automatic consequences for defaulters.

Aligning the Lokayukta’s powers with the Conduct Rules, 2021, will strengthen accountability and transparency across Karnataka’s public offices.  

(The writer is a retired deputy director of boilers)

Disclaimer: The views expressed above are the author's own. They do not necessarily reflect the views of DH.