Lokpal and Lokayukta-

Introduction-

• The Lokpal is the first institution of its kind in independent India, established under the Lokpal and Lokayuktas Act 2013 to inquire and investigate into allegations of corruption against public functionaries who fall within the scope and ambit of the this Act.

• Lokpal and Lokayuktas are statutory bodies.

Historical Background-

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

• The Administrative Reforms Commission (ARC) of India (1966–1970) recommended the setting up of two special authorities designated as Lokpal and lokayukta for the redressal of citizens‘grievances.

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

• In 2011, the well-known Anna Movement for Lokpal was launched.

• Finally in 2013, both houses of Parliament enacted the Lokpal and Lokayuktas Bill, 2011.

• In 2016 and 2019 some other changes were introduced in this act

Lokayukta-

• Similar to Lokpal ,at state level there is provision of Formation of Lokayukta.

• 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

Note-

• India is a signatory to the United Nations Convention against Corruption.

The Lokpal and Lokayuktas Act, 2013-

Composition-

The Lokpal consist of—

(a) A Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court or an eminent person

(b) Such number of Members, not exceeding eight out of whom fifty per cent. Shall be Judicial Members:

Provided that not less than fifty per cent. of the Members of the Lokpal shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women.

Judicial members-

(3) A person shall be eligible to be appointed,—

(a) as a Judicial Member if he is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Court;

(b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.

Condition for holding office-

The Chairperson or a Member shall not be—

(i) A Member of Parliament or a member of the Legislature of any State or Union territory;

(ii) A person convicted of any offence involving moral turptitude;

(iii) A person of less than forty-five years of age, on the date of assuming office as the Chairperson or Member, as the case may be;

(iv) A member of any Panchayat or Municipality;

(v) A person who has been removed or dismissed from the service of the Union or a State,and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member)

Appointment of Chairperson and members-

The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of--

(a) The Prime Minister--Chairperson;

(b) The Speaker of the House of the People--Member;

(c) The Leader of Opposition in the House of the People--Member;

(d) The Chief Justice of India or a Judge of the Supreme Court nominated by him--Member;

(e) One eminent jurist, as recommended by the Chairperson and Members

Search Committee-

The Selection Committee ,for the purposes of selecting the Chairperson and Members of the Lokpal and for preparing a panel of persons to be considered for appointment as such, constitute a Search Committee consisting of at least seven persons of having special knowledge and expertise in the matters relating to-

• Anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management or in any other matter which, in the opinion of the Selection Committee, may be useful in making the selection of the Chairperson and Members of the Lokpal.

• Provided that not less than fifty per cent. of the members of the Search Committee shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women.

Term of office of Chairperson and Members-

• They holds office for 5 years or till 70 years, whichever is earlier.

Salary, allowances and other conditions of service of Chairperson and Members.

The salary, allowances and other conditions of service of

(i) The Chairperson is same as those of the Chief Justice of India;

(ii) Other Members is same as those of a Judge of the Supreme Court

Restriction on employment by Chairperson and Members after ceasing to hold office-

As per act on ceasing to hold office, the Chairperson and every Member shall be ineligible for—

(i) Reappointment as the Chairperson or a Member of the Lokpal;

(ii) any diplomatic assignment, appointment as administrator of a Union territory and such other assignment or appointment which is required by law to be made by the President by warrant under his hand and seal;

(iii) Further employment to any other office of profit under the Government of India or the Government of a State;

(iv) Contesting any election of President or Vice-President or Member of either House of Parliament or Member of either House of a State Legislature or Municipality or Panchayat within a period of five years from the date of relinquishing the post.

Note -

• Member can be appointed as Chairperson but his term of office shall not be more than five years in aggregate as the Member and the Chairperson.

Removal –

The President may, by order, remove from the office, the Chairperson or any Member if the Chairperson or such Member, as the case may be,—

(a) Is adjudged an insolvent; or

(b) Engages, during his term of office, in any paid employment outside the duties of his office; or

(c) Is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body;

On grounds of misbehavior-

• The Chairperson or any Member shall be removed from his office by order of the President on grounds of misbehavior after the Supreme Court, on a reference being made to it by the President on a petition signed by at least one hundred Members of Parliament has, on an inquiry held in accordance with the procedure prescribed in that behalf, reported that the Chairperson or such Member, as the case may be, ought to be removed on such ground

Jurisdiction of Lokpal-

The Lokpal has jurisdiction to inquire into allegations of corruption against anyone –

• Who is or has been Prime Minister, or

• A Minister in the Union government, or

• A Member of Parliament, or

• Officials of the Union Government under Groups A, B, C and D.

• Chairpersons, members, officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament or wholly or partly funded by the Union or State government.

• It also covers any society or trust or body that receives foreign contribution above 10 lakh.

• It shall apply to public servants in and outside India.

• The Act also includes the Lokpal’s own members under the definition of “public servant”.

Powers and Function of Lokpal-

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

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

• The Inquiry Wing or any other agency will have to complete its preliminary inquiry and submit a report to the Lokpal within 60 days.

• The lokpal is vested with the power of search and seizure and also powers under the Civil Procedure Code for the purpose of conductiong preliminary inquiry & investigation.

• The Lokpal has power of attachment of assets and taking other steps for eradication of corruption.

Organizational Structure-

Lokpal have two main branches-

• The Administrative branch headed by an officer of the rank of Secretary to Govt of India to look into enquiry, budget finance etc.

• The Judicial Branch headed by a judicial officer of appropriate level to assist the Lokpal discharge their judicial functions

Lokpal (Complaint) Rules, 2020-

Under these rules-

Valid proof-

• Now a complainant has to give a valid proof of identity

Foreign nationals-

• Foreign nationals can also lodge complaints

Immunity to armed personnels-

• No complaints can be filed against a public servant under the Army Act, Navy Act, Air Force Act and the Coast Guard Act

Protection of identity-

• The identity of the complainant or the accused official will be protected by the Lokpal till the conclusion of inquiry or investigation.

Limitations-

• Exclusion of judiciary from its jurisdiction.

• No constitutional status to Lokpal.

• Ineligibility of complaint after 7 years of occurrence of that mentioned offence in the complaint.

Lokayukta-

• These are the similar body as that of Lokpal ,constituted at state level.

• The institution of lokayukta was established first in Maharashtra in 1971.

• Odisha had passed the Act in this regard in 1970, it came into force only in 1983.

• Structure, Function etc. of Lokayukta vary from state to state but in majority state it is bit similar to Lokpal.