Lokpal

Introduction

 Maladministration is like a termite that slowly erodes the foundation

of a nation. It hinders administration from completing its task.
 Corruption is the root cause of this problem that our country faces.
 Though there are many anti-corruption agencies in India, most of
these anti-corruption agencies are hardly independent.
 Even the CBI has been termed as a “caged parrot” and “its
master’s voice” by the Supreme Court of India.
 Many of these agencies are only advisory bodies with no effective
powers to deal with this evil of corruption and their advice is rarely
followed.
 There also exists the problem of internal transparency and
accountability.
 Moreover, there is not any effective and separate mechanism to
maintain checks on such agencies.
 In this context, an independent institution of Lokpal and Lokayukta
has been a landmark move in the history of Indian polity which
offered a solution to the never-ending menace of corruption.
 It provides a powerful and effective measure to counter corruption
at all levels of the government.

What are Lokpal and Lokayuktas?

 The Lokpal and Lokayukta Act, 2013 mandated for the

establishment of Lokpal at the Union level and Lokayukta at the
State level.
 Lokpal and Lokayuktas are statutory bodies and these do not have
any constitutional status.
 These institutions perform the function and role of an “Ombudsman”
(an official appointed to investigate individuals’ complaints against a
company or organization, especially a public authority).
 They inquire into allegations of corruption against certain public
bodies/organizations and for other related matters.
Lokpal and Lokayukta Amendment Act, 2016

 After the introduction of the Lokpal and Lokayukta Act 2013, a bill
was passed by Parliament in July 2016 which amended the Lokpal
and Lokayukta Act, 2013.
 This amendment enabled the leader of the single largest opposition
party in the Lok Sabha to become a member of the selection
committee in the absence of a recognized Leader of Opposition.
 This bill also amended Section 44 of the Lokpal and Lokayukta Act
2013.
 Section 44 of the Act dealt with the provisions of furnishing of
details of assets and liabilities, within 30 days of joining the
government service, of any public servant. This amendment
replaced the time limit of 30 days.
 It stated that the public servants will make a declaration of their
assets and liabilities in the form and manner as prescribed by the
government.
 In the case where any non-governmental organization receives
funds of more than Rs. 1 crore from government or receives foreign
funding of more than Rs. 10 lakh then the assets of the trustees
and board members were to be disclosed to the Lokpal.
 The bill provided an extension to the time limit given to trustees
and board members to declare their assets and those of their
spouses.

Structure of the Lokpal

 Lokpal is a multi-member body consisting of one chairperson and a

maximum of 8 members.
 The person to be appointed as the chairperson of the Lokpal must
be either:
1. The former Chief Justice of India; or
2. The former Judge of the Supreme Court; or
3. An eminent person with impeccable integrity and outstanding
ability, who must possess special knowledge and a minimum
experience of 25 years in matters relating to:
1. Anti-corruption policy;
2. Public administration;
3. Vigilance;
4. Finance including insurance and banking;
5. Law and management.
  The maximum number of members must not exceed eight. These
eight members must constitute:
1. Half members to be judicial members;
2. Minimum 50% of the Members should be from SC/ ST/ OBC/
minorities and women.
 The judicial member of the Lokpal must be either:
1. A former Judge of the Supreme Court or;
2. A former Chief Justice of the High Court.
 The non-judicial member of the Lokpal needs to be an eminent
person with flawless integrity and outstanding ability.
 The person must possess special knowledge and an experience of a
minimum of 25 years in matters relating to:
1. Anti-corruption policy;
2. Public administration;
3. Vigilance;
4. Finance including insurance and banking;
5. Law and management.

Term and appointment to the office of Lokpal

 Lokpal Chairman and the Members can hold the office for a term of
5 years or till they attain the age of 70 years, whichever is earlier.
 The members and the chairman of Lokpal are appointed by the
president on the recommendation of a selection committee.
 The selection committee consists of:
1. The Prime Minister of India;
2. The Speaker of Lok Sabha;
3. The Leader of Opposition in Lok Sabha;
4. The Chief Justice of India or any Judge nominated by Chief Justice
of India;
5. One eminent jurist.
 The Prime Minister is the Chairperson of the selection committee.
The selection of the chairperson and the members is carried out by
a search panel of at least eight persons, constituted by the selection
committee.

Lokpal search committee

 As per the Lokpal Act of 2013, the Department of Personnel and

Training needs to create a list of candidates who are interested to
become the chairperson or members of the Lokpal.
 The list was then to be presented to the proposed eight-member
search committee.
  The committee on receiving the list shortlists the names and place
them before the selection panel, headed by the Prime Minister.
 The selection panel has discretion in selecting the names from the
list presented by the search committee.
 In September 2018, a search committee was constituted by the
government which was headed by former Supreme Court judge
Justice Ranjana Prakash Desai.
 The Lokpal and Lokayukta Act of 2013 also mandates that all states
must set up the office of the Lokayukta within one year from the
commencement of the Act.

Jurisdiction and powers of Lokpal

 The Jurisdiction of Lokpal extends to:

1. Prime Minister, Ministers,
2. Members of Parliament,
3. Groups A, B, C and D officers,
4. Officials of Central Government.
 The Jurisdiction of the Lokpal extends to the Prime Minister, except
in the cases of allegations of corruption relating to:
1. International relations;
2. Security;
3. The public order;
4. Atomic energy and space.
 The jurisdiction of the Lokpal does not include ministers and
members of Parliament in the matter relating to:
1. Any speeches delivered in the Parliament or;
2. For a vote cast in the Parliament.
 Lokpal’s jurisdiction also includes:
1. Every person who is or has been in charge (director/ manager/
secretary) of a body or a society set up by the act of central
government,
2. Any society or body financed or controlled by the central
government,
3. Any person involved in act of abetting,
4. Bribe giving or bribe-taking.
 The Lokpal and Lokayukta Act states that all public officials need to
furnish their assets and liabilities as well as their respective
dependents.
 The Lokpal also possesses the powers to superintendence over the
CBI.
  It also has the authority to give direction to CBI. If a case is
referred to CBI by the Lokpal, then the investigating officer in such
a case cannot be transferred without the prior approval of the
Lokpal.
 The powers of a civil court have been vested with the Inquiry Wing
of the Lokpal.
 The Lokpal also possesses powers regarding the confiscation of
assets, proceeds, receipts, and benefits arisen or procured by
means of corruption in special circumstances.
 it also has the power to make recommendations regarding the
transfer or suspension of public servants connected with the
allegations of corruption.
 Lokpal is capable of giving directions to prevent the destruction of
records during the preliminary inquiry.

Limitations

 The institution of Lokpal came up as a much-needed change in the

battle against corruption.
 The Lokpal was a weapon to curtail the corruption that was
spreading in the entire administrative structure of India.
 But at the same time, there are loopholes and lacunae which need
to be corrected.
 The appointing committee of Lokpal consists of members from
political parties that put Lokpal under political influence.
 There are no criteria to decide who is an ‘eminent jurist’ or ‘a
person of integrity’ which manipulates the method of the
appointment of Lokpal.
 One of the biggest lacunae is the exclusion of the judiciary from the
ambit of the Lokpal.
 The Lokpal does not have any constitutional backing. Also, there are
no adequate provisions for appeal against the actions of Lokpal.
 The states have complete discretion with respect to the specific
details in relation to the appointment of Lokayukta.