Lokpal and Lokayuktas are statutory bodies under Lokpal and Lokayukta Act of 2013. These institutions fulfil the function and responsibility of an “Ombudsman” i.e. an authority designated to investigate complaints made by individuals against a firm or organisation, particularly a government agency. They look into claims of corruption against governmental entities and organisations, as well as other problems.
Table of Contents
- Historical Background
- Commission and Movement
- Timeline
- Lokpal and Lokayuktas Act
- Lokpal and Lokayuktas
- Lokayuktas in State
- Composition & Eligibility
- Term of Office
- Salary and allowances
- Function and Jurisdiction
- Branches of Lokpal
- Limitation
- Conclusion
Lokpal and Lokayuktas – Historical Background
- There is a lengthy history between the Lokpal and the Lokayukta. The Lokpal and Lokayukta principles are not unique to India.
- In 1809, Sweden founded the Ombudsman institution, and the concept of an ombudsman was developed. Following World War II, the institution of ombudsman expanded and evolved considerably.
- In India, the former law minister Ashok Kumar Sen became the first Indian to propose the concept of constitutional Ombudsman in Parliament in the early 1960s.
- L.M. Singvi coined the term Lokpal in 1963. It comes from a Sanskrit term that means “protector of people.”
- The LokPal Bill was introduced eight times in parliament but never passed.
- In 1971, Maharashtra became the first Indian state to establish a Lokayukta to oversee corruption in various agencies.
- The United Nations Convention Against Corruption has been signed by India.
- The government’s commitment to provide clean and responsive governance is shown in the passage of legislation and the establishment of the Lokpal body to prevent and punish corruption.
Commission and Movements which Recommended for Establisment of Lokpal and Lokayuktas
- In 1966, the First Administrative Reforms Commission advocated the establishment of two independent authorities, one at the national level and the other at the state level, to investigate complaints against public officials, including MPs. Morarji Desai was in charge of this commission.
- In 2002, the Commission to Review the Working of the Constitution, chaired by Shri M.N. Venkatachiliah, suggested that the Prime Minister be excluded from the authority’s purview.
- In 2005, the 2nd ARC, chaired by Shri Veerappa Moily, proposed that the Lok Pal office be established as soon as possible.
- In 2011, the well-known Anna Movement for Lokpal was launched.
Timeline
Timeline of Lokpal and Lokayukta Act, 2013
- In 2013, both houses of Parliament enacted the Lokpal and Lokayuktas Bill, 2011.
- The Lokpal and Lokayuktas Act, 2013, went into effect on January 16, 2014.
- In 2016, the Lokpal and Lokayuktas Act, 2013, was revised to close a minor gap.
- Meetings of the Selection Committee pursuant to section 4(1) of the Lokpal and Lokayuktas Act, 2013 were held in March and April 2018 following the intervention of the Supreme Court.
- On March 19, 2019, Justice (Retd) Pinaki Chandra Ghose was appointed as India’s first Lokpal, along with eight judicial and non-judicial members.
- In March 2020, Lokpal announced rules and a structure for registering complaints.
The Lokpal and Lokayuktas Act
The Lokpal and Lokayuktas Act
- The Lokpal and Lokayuktas Act calls for the appointment of a Lokpal at the national level and Lokayuktas at the state level to investigate cases of corruption involving certain types of public officials.
- Following the historic Anna Movement, the government amended the Bill based on the Select Committee’s recommendations before it was enacted in the Rajya Sabha. Following the approval of these revisions by the Lok Sabha, the bill was passed by Parliament in 2013. On January 16, 2014, the Act was published in the Central Register.
Lokpal and Lokayuktas
Lokpal and Lokayuktas
- The Lokpal is the first institution of its kind in independent India, established under the Lokpal and Lokayuktas Act 2013 to inquire into and examine charges of corruption against public officials who fit within the scope and ambit of the Act.
- India’s Lokpal is dedicated to addressing citizens’ complaints and aspirations for clean governance. It must use all of its powers to promote the public interest within its authority and to remove corruption in public life.
- In cases of alleged corruption, the Lokpal provides a mechanism for swift and unbiased investigation and prosecution.
- There are no limitations on who can file a complaint.
Lokayuktas in State
Lokayuktas in State
- The States have to set up Lokayuktas.
Aim: To deal with charges against their own officials.
- Jurisdiction of Lokayuktas: All state government personnel, including religious institutions, as well as the governor, ministers, and MLAs.
- Almost all states had established Lokayukta as a statutory entity with a definite tenure even before the Lokpal and Lokayukta Act of 2013 was enacted.
- The Lokayukta can be approached directly by members of the public with allegations of corruption, nepotism, or any other type of maladministration.
- Note: The Government of India dissolved eight state commissions, including the J&K Accountability Commission, following the abrogation of Jammu and Kashmir’s semi-autonomous status and statehood on 5 August 2019.
- States were also required to appoint a Lokayukta within a year of the Lokpal Act taking effect. However, the Lokayukta has been constituted in only 16 states.
Composition & Eligibility
Composition & Eligibility of Lokpal and Lokayukta:
The Lokpal panel must have a chairperson and a maximum of eight members, according to the Act. Four of them must be judicial members.
Eligibility
- Chairperson of Lokpal: A person must have served as Chief Justice of India, a Supreme Court judge, or a distinguished person with special knowledge and expertise in the areas of anti-corruption policy, public administration, vigilance, finance, law, and management for at least twenty-five years.
- Lokpal Judicial Member: The applicant must have served as a judge on the Supreme Court or as the Chief Justice of the High Court.
- Other Lokpal Members: Eminent persons with at least twenty-five years of specific knowledge and competence in anti-corruption policy, public administration, vigilance, finance, law, and management.
- At least half of the Lokpal members must be from Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, and women.
- For the position of Lokayukta: A former Chief Justice of the High Court or a former Supreme Court judge normally serves as the Lokayukta.
Selection Committee
- The members are appointed by the president on the recommendation of a Selection Committee comprises of:
- The Prime Minister is the Chairperson;
- Speaker of Lok Sabha,
- Leader of Opposition in Lok Sabha,
- Chief Justice of India or a Judge nominated by him/her and One eminent jurist.
- For selecting the chairperson and the members, the selection committee constitutes a search panel of at least eight persons.
For Lokayukta
- The Chief Minister selects a person as the Lokayukta after consultation with the High Court Chief Justice, the Speaker of the Legislative Assembly, the Chairman of the Legislative Council, Leader of Opposition in both the Houses of State Legislature.
- The appointment is then made by the Governor.
- Once appointed, Lokpal and Lokayukta cannot be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion.
Term of Office
Term of Office of the Members of Lokpal and Lokayukta
- The President of India appoints the Chairperson and Members by warrant under his hand and seal, and they serve for a period of five years from the date of their appointment or until they reach the age of 70, whichever is earlier.
Salary and allowances
Salary and allowances of the Members of Lokpal and Lokayukta
- The Chairperson’s salary, allowances, and other working conditions are similar to those of the Chief Justice of India. Members’ salaries, allowances, and other working conditions are similar to those of a Supreme Court Judge.
Function and Jurisdiction
Function and Jurisdiction of Lokpal and Lokayukta
- Anyone who is or has been Prime Minister, a Minister in the Union government, or a Member of Parliament, as well as officers of the Union Government in Groups A, B, C, and D, are eligible to be investigated by the Lokpal.
- If the allegations against the Prime Minister are related to foreign relations, external and internal security, public order, atomic energy, or space, the Lokpal cannot investigate.
- Also, complaints against the Prime Minister will not be investigated until the complete Lokpal bench recommends launching an investigation and at least two-thirds of the members accept it.
- If an investigation into the Prime Minister is underway, it should be conducted in secret. If the Lokpal decides that the complaint should be rejected, the investigation’s documents are not to be published or made available to the public.
- Lokpal also applied to the chairpersons, members, executives, and directors of any board, corporation, society, trust, or autonomous organisation created by an Act of Parliament and supported entirely or partially by the Union or State governments. It also applies to any society, trust, or body that accepts a foreign gift of more than ten lakh rupees.
- Within 60 days, the Inquiry Wing or any other body must finish its preliminary investigation and submit a report to the Lokpal. Before presenting its report, it must obtain feedback from both the public servant and “the competent authority.” Each kind of public servant will have a “competent authority” as defined by the Act.
- The Lokpal has the authority to recommend the transfer or suspension of a public official who has been accused of corruption.
- Lokpal has the authority to issue orders prohibiting the destruction of records during the preliminary investigation.
- The Lokpal has the authority of search and seizure, as well as powers under the Civil Procedure Code to undertake preliminary inquiries and investigations, as well as the power to attach assets and take other measures to combat corruption.
- For cases submitted to them by the Lokpal, the Lokpal will have the authority to supervise and instruct any central investigating agency, including the CBI.
Branches
Branches of Lokpal
- Lokpal will have two primary branches via which it would carry out its tasks.
- The administrative branch will be led by a Secretary to the Government of India and will include the following departments:
- An officer not lower than the rank of Additional Secretary to the Government of India will lead the inquiry/investigation branch.
- The prosecution wing would be led by an officer with the rank of Additional Secretary to the Government of India.
- The Judicial Branch will be led by a judge of appropriate rank who will help the Lokpal in carrying out their judicial duties.
Limitation
Limitation of Lokpal and Lokayukta
- The Lokpal was a tool utilised in India’s governmental system to tackle corruption. There are, however, certain defects and holes that must be remedied.
- The Lokpal selection process is skewed because there are no guidelines for deciding who is a “eminent jurist” or “a person of integrity.”
- There are no proper procedures for appealing Lokpal’s actions.
- The Lokpal and Lokayukta Act also stipulates that no complaint against corruption can be filed until a period of seven years has passed from the date on which the alleged offence was committed.
- The appointing committee for Lokpal is made up of political party representatives who try to sway Lokpal’s choices.
- Parliament enacted the Lokpal and Lokayuktas Act 2013 five years ago, but no Lokpal has been appointed since then, indicating a lack of political will.
- The Lokpal’s omission of the judiciary from its purview is one of the most serious problems.
- There is no legal basis for the Lokpal’s rulings, and there are no effective methods for contesting them.
Conclusion
Conclusion
- The institution of ombudsman must be strengthened in respect of functional autonomy and workforce availability to fight against corruption.
- The appointment of Lokpal is not the real solution to problems. Instead the government should focus on eliminating the root causes because of which the general public is demanding a Lokpal.
- There should be complete transparency when nominating a Lokpal and Lokayukta as it will increase the chances for the right person to be appointed.
