Lokpal And Lokayukta

 Day 15th Lokpal And Lokayukta - Akanksha TiwariDay 15th Lokpal And Lokayukta - Akanksha TiwariDay 15th

Summer Internship Program

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Akanksha Tiwari

Amity University Gwalior Madhya Pradesh

Date 30th july

Written Assignment Day

Today's Topic Lokpal And Lokayukta

What are Lokpal and Lokayukta?

The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and

Lokayukta for States.

These institutions are statutory bodies without any constitutional status.

They perform the function of an "ombudsman” and inquire into allegations of corruption against

certain public functionaries and for related matters.

What is the Background of their Formation?

● In 1809, the institution of ombudsman was inaugurated officially in Sweden.

● In the 20th century, Ombudsman as an institution developed and grew most significantly

after the Second World War.

● New Zealand and Norway adopted this system in the year 1962 and it proved to be of

great significance in spreading the concept of the ombudsman.

● In 1967, on the recommendations of the Whyatt Report of 1961, Great Britain adopted

the institution of the ombudsman and became the first large nation in the democratic

world to have such a system.

● In 1966, Guyana became the first developing nation to adopt the concept of the

ombudsman. Subsequently, it was further adopted by Mauritius, Singapore, Malaysia,

and India as well.

● In India, the concept of constitutional ombudsman was first proposed by the then law

minister Ashok Kumar Sen in parliament in the early 1960s.

● The term Lokpal and Lokayukta were coined by Dr. L. M. Singhvi.

● In 1966, the First Administrative Reforms Commission recommended the setting up of

two independent authorities- at the central and state level, to look into complaints

against public functionaries, including MPs.

● In 1968, Lokpal bill was passed in Lok Sabha but lapsed with the dissolution of Lok

Sabha and since then it has lapsed in the Lok Sabha many times.

● Till 2011 eight attempts were made to pass the Bill, but all met with failure.

● In 2002, the Commission to Review the Working of the Constitution headed by M.N.

Venkatachaliah recommended the appointment of the Lokpal and Lokayuktas, also

recommended that the PM be kept out of the ambit of the authority.

● In 2005, the Second Administrative Reforms Commission chaired by Veerappa Moily

recommended that the office of Lokpal should be established without delay.

● In 2011, the government formed a Group of Ministers, chaired by Pranab Mukherjee to

suggest measures to tackle corruption and examine the proposal of a Lokpal Bill.

● "India Against Corruption movement" led by Anna Hazare put pressure on the United

Progressive Alliance (UPA) government at the Centre and resulted in the passing of the

Lokpal and Lokayuktas Bill, 2013, in both the Houses of Parliament.

● It received assent from President on 1 January 2014 and came into force on 16 January

2014.

What is the Structure of Lokpal?

Lokpal is a multi-member body, that consists of one chairperson and a maximum of 8 members.

● Chairperson of the Lokpal should be either the former Chief Justice of India or

the former Judge of Supreme Court or an eminent person with impeccable

integrity and outstanding ability, having special knowledge and expertise of

minimum 25 years in the matters relating to anti-corruption policy, public

administration, vigilance, finance including insurance and banking, law and

management.

● Out of the maximum eight members, half will be judicial members and minimum

50% of the Members will be from SC/ ST/ OBC/ Minorities and women.

● The judicial member of the Lokpal either a former Judge of the Supreme Court or

a former Chief Justice of a High Court.

● The non-judicial member should be an eminent person with impeccable integrity

and outstanding ability, having special knowledge and expertise of minimum 25

years in the matters relating to anti-corruption policy, public administration,

vigilance, finance including insurance and banking, law and management.

● The term of office for Lokpal Chairman and Members is 5 years or till the age of

70 years.

● The members are appointed by the president on the recommendation of a

Selection Committee.

● The selection committee is composed of the Prime Minister who 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.

What comes under the Jurisdiction of Lokpal and its Powers?

● Jurisdiction of Lokpal includes Prime Minister, Ministers, members of Parliament, Groups

A, B, C and D officers and officials of Central Government.

● Jurisdiction of the Lokpal included the Prime Minister except on allegations of corruption

relating to international relations, security, the public order, atomic energy and space.

● The Lokpal does not have jurisdiction over Ministers and MPs in the matter of anything

said in Parliament or a vote given there.

● Its jurisdiction also includes any person who is or has been in charge (director/ manager/

secretary) of anybody/ society set up by central act or any other body financed/

controlled by central government and any other person involved in act of abetting, bribe

giving or bribe taking.

● The Lokpal Act mandates that all public officials should furnish the assets and liabilities

of themselves as well as their respective dependents.

● It has the powers to superintendence over, and to give direction to CBI.

● If Lokpal has referred a case to CBI, the investigating officer in such case cannot be

transferred without the approval of Lokpal.

● The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.

● Lokpal has powers of confiscation of assets, proceeds, receipts and benefits arisen or

procured by means of corruption in special circumstances.

● Lokpal has the power to recommend transfer or suspension of public servant connected

with allegation of corruption.

● Lokpal has the power to give directions to prevent the destruction of records during the

preliminary inquiry.

What are Its Limitations?

● The institution of lokpal has tried to bring a much needed change in the battle against

corruption in the administrative structure of India but at the same time, there are

loopholes and lacunae which need to be corrected.

● Five years have passed since the Lokpal and Lokayuktas Act 2013 was passed by

parliament, but not a single Lokpal has been appointed till date indicating the lack of

political will.

● The Lokpal act also called upon states to appoint a Lokayukta within a year of its coming

to force. But only 16 states have established the Lokayukta.

● Lokpal is not free from political influence as the appointing committee itself consist of

members from political parties.

The appointment of Lokpal can be manipulated in a way as there is no criterion to decide

who is an ‘eminent jurist’ or ‘a person of integrity.’

● The 2013 act did not provide concrete immunity to the whistle blowers. The

provision for initiation of inquiry against the complainant if the accused is found

innocent will only discourage people from complaining.

● The biggest lacuna is the exclusion of judiciary from the ambit of the Lokpal.

● The Lokpal is not given any constitutional backing and there is no adequate

provision for appeal against the Lokpal.

● The specific details in relation to the appointment of Lokayukta have been left

completely on the States.

● To some extent, the need for functional independence of the CBI has been

catered to by a change brought forth in the selection process of its Director, by

this Act.

● The complaint against corruption cannot be registered after a period of seven

years from the date on which the offence mentioned in such complaint is alleged

to have been committed.