Lokpal and Lokayukta

Article Title: Lokpal and Lokayukta

18-01-2025

Polity & Governance Current Affairs Analysis

Context:

On January 16, 2025, the Lokpal of India celebrated its first Foundation Day, marking the establishment of the Lokpal institution, which was created after the enactment of the Lokpal and Lokayuktas Act, 2013.

The Lokpal was set up to address corruption in public offices, with the Lokpal at the Union level and Lokayuktas at the state level.

Key Information on the Lokpal and Lokayukta:

  • The concept of the ombudsman originated in Sweden in the 19th century and was later introduced in India through the 2013 Act.
  • The Lokpal deals with complaints related to corruption involving public officials at the Union level, while the Lokayukta functions at the state level.

Key Provisions:

  • Composition and Members: The Lokpal is headed by a Chairperson (either the Chief Justice of India, a Supreme Court judge, or an eminent person). It includes up to 8 members, half of whom must be judicial and the other half representing SC/ST/OBC/minorities/women.
  • Selection Committee: The Lokpal's members are appointed by the President of India on recommendation of a committee that includes the Prime Minister (Chairman), Lok Sabha Speaker, Opposition Leader, Chief Justice of India or Supreme Court Judge, and an eminent jurist.
  • Tenure: Members of the Lokpal serve for 5 years or until they turn 70 years old.
  • Jurisdiction: The Lokpal has jurisdiction over the Prime Minister, Ministers, MPs, and central government officials. It investigates corruption complaints, including those referred by the Central Vigilance Commission (CVC) or whistleblowers.
  • Acomplaintunder the Lokpal Act should be in the prescribed form andmust pertain to an offence under the Prevention of Corruption Act, 1988,against a public servant
  • There isno restriction on who can make such a complaint.
  • Prosecution Wing: The Lokpal can establish its own prosecution wing to take legal action.
  • Case Timelines: The Lokpal has a 90-day timeline for conducting a preliminary inquiry and 6 months for investigations (extendable).
  • Powers of Lokpal:

ØIt has powers tosuperintendence over and to give direction to the CBI.

ØIf it has referred a case to the CBI, theinvestigating officer in such a case cannot be transferred without the approval of Lokpal.

ØPowers to authorize CBI for search and seizureoperations connected to such cases.

ØTheInquiry Wing of the Lokpalhas been vested with thepowers of a civil court.

ØLokpal haspowers of confiscation of assets, proceeds, receipts, and benefitsarisen orprocured by means of corruptionin special circumstances.

ØLokpal has the power torecommend the transfer or suspension of public servantsconnected with the allegation of corruption.

ØLokpal has the power togive directions to prevent the destruction of recordsduring the preliminary inquiry.

ØIn terms of Section 48 of the said Act, the Lokpal is required to present annually to the President a reporton the work done by it,which iscaused to belaid in both the Houses of the Parliament

Challenges: The Lokpal faces several challenges, including a seven-year limit for accepting complaints (with complaints older than seven years not being entertained), delays in appointments, and a high rejection rate of complaints (nearly 90% over the past five years) due to improper formats.