Lokpal
What is Lokpal
Lokpal translates to “peoples friend”. The Lokpal is in charge of investigating corruption allegations at the national level, and the Lokayukta is in charge of the same job at the state level. They are a body of ombudsman that act as oversight for government bodies. The Lokpal and the Lokayuktas are statutory bodies with no constitutional significance. These organizations serve in the capacity of “Ombudsman.” They look into claims of corruption against governmental entities and organizations, as well as other problems. The Lokpal and Lokayukta Act 2013 required the creation of a Lokpal at the federal level and a Lokayukta at the state level. The Lokpal is in charge of investigating corruption allegations at the national level, and the Lokayukta is in charge of the same job at the state level. The Lokpal and the Lokayuktas are statutory bodies with no constitutional significance. These organizations serve in the capacity of “Ombudsman.” They look into claims of corruption against governmental entities and organisations, as well as other problems. The Lokpal and Lokayukta Act 2013 required the creation of a Lokpal at the federal level and a Lokayukta at the state level.
Historical Development
In the Indian landscape the concept and words Lokpal and Lokayukta were coined by Dr. LM Singhvi. During the initial years of 1960s, Ashok Kumar Sen who was the Law Minister at that time proposed the idea of a constitutional version in the Parliament of India. He envisioned it as a constitutional ombudsman to tackle the problem of growing occlusion and corruption in Indian bureaucracy and governance.
Later, as part of the first Administrative Reforms Commission recommendation in 1966, it was conceived that there should be two authorities that ought to be independent at the Central and state levels. One of which would investigate the Complaints against the corruption cases of government officials.
During the dissolution of the Lok Sabha in 1968, the Lokpal bill lapsed and since then it has fallen through many Lok Sabha sessions.The bill was passed 8 times before 2011 but failed each time.Based on the findings of the commission to revisit the working of the Indian constitution established by MN Venkatachaliah in 2002, it was recommended that the Lokpal and Lokayukta be appointed and the PM should remain outside the authority’s scope.
Veerappa Mauli chaired the second Administrative Reforms Commission that recommended the establishment of the Lokpal office immediately. An examination of the Lokpal bill proposal was conducted by the minister’s groups which was shared by Pranab Mukherjee in 2011.
It was Anna Hazare’s India against corruption movement that further advanced to the Lokpal and Lokayukta bill in 2013, sanctioned by Lok Sabha and Rajya Sabha under the UPA government. The Lokpal and Lokayukta bill received their assent from the President of India on 1st January 2014 and later came into action on 16th January 2014.
Legislative Scheme
The Lokpal and Lokayuktas Act of 2013
The legislation was presented and passed by they parliament post the widespread “Hazare” protests and massive civil outcry, visualising the establishment of a Lokpal that would maintain oversight over public officials to fight corruption and ensure transparency on part of such elected or appointed officials including the highest levels of governance like the prime minister. It was predated by the Jan Lokpal Bill which was drafted by civil societies and political activists seeking for the creation of such a body.
Composition
The Lokpal consists of -
- Chairperson: the chairperson of a Lokpal is either a former Chief Justice of the Supreme Court or any former jufge of the Supreme Court or any eminent jurist/individual with special knowledge and experience in the Indian system of governance.
- Members: The maximum capacity of a Lokpal is 8 with atleast 50% of them being members of the judiciary be it retired justices of Supreme Court or High Courts. The remaining are persons with ample experience and knowledge and area persons of impeccable integrity and expertise in law, public administration and/or anti-corruption. The Act also stipulates that 50% of the members myst belong to socially marginalized groups - Scheduled Castes, Scheduled Tribes, Other Backward Classes and women.[1]
Selection Process
The selection committee for appointing the members and chairpersons consists of the following:
- The Prime Minster (who is also the chairperson of the selection committee)
- The Speaker of the Lok Sabha
- The leader of oppposition in the Lok Sabha (in absence of which, leader of largest opposition party)
- The Chief justice (in their absence their nominee)
- Any eminent jurist as nominated by the president of india
Under the Lokpal Act 2013, DoPT compiles a list of candidates for Lokpal chairperson and members. This list goes to the proposed 8-member search committee to shortlist names. The search committee sends the shortlisted names to the selection panel headed by the PM. The selection panel may pick names from the search committee list or not.
Jurisdiction
The Lokpal and Lokayuktas Act, 2013, grants the Lokpal wide-ranging powers to investigate complaints of corruption against The Prime Minister of India (under limited circumstances such as after demoting office), Current and former Members of Parliament, Current and former Ministers, Government officials, including those from central and state governments, Employees of public sector undertakings and autonomous bodies, and Non-Governmental Organizations (NGOs) receiving substantial foreign contributions or government grants.[2]
The Jurisdiction of the Lokpal extends to the Prime Minister, except in the cases of allegations of corruption relating to International relations; Security; The public order; and Atomic energy and space. The jurisdiction of the Lokpal does not include ministers and members of Parliament in the matter relating to any speeches delivered in the Parliament or; For a vote cast in the Parliament.
Complaint Mechanism
A complaint can be filed with Lokpal of India only for the offences alleged to have been committed by a public servant under the Prevention of Corruption Act, 1988 such as offence relating to public servant being bribed, taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence, offence relating to bribing of a public servant, Public servant obtaining (undue advantage), without consideration from person concerned in proceeding or business transacted by such public servant, Criminal misconduct by a public servant.[3]
A complaint can be filed only in the prescribed form annexed with the Lokpal (Complaint) Rules, 2020. The Procedure for dealing with complaints received in Lokpal including its listing, uploading of order on website and related matters, issued vide different circulars, notice, order(s) is covered in this consolidated guideline
Investigative Powers
The Lokpal is empowered to conduct inquiries, investigations, and prosecutions in corruption cases. It has a dedicated Inquiry Wing and a Prosecution Wing to carry out investigations and initiate legal proceedings. The Lokpal can refer matters for investigation to the Central Bureau of Investigation (CBI) and has supervisory authority over CBI investigations involving corruption cases. The Lokpal can also order the suspension or dismissal of public servants pending investigation. The Lokpal has the authority to confiscate ill-gotten wealth, recommend the cancellation of licenses or contracts, and recover funds from corrupt officials. It can also take action against whistleblowers under the Whistleblower Protection Act, 2014. The Lokpal has the power to recommend penalties and disciplinary action against corrupt public officials. It can File charges of corruption and initiate prosecution; Order the removal or suspension of public servants found guilty of corruption; and Recommend the imposition of financial penalties, including the recovery of ill-gotten assets.
ANNUAL REPORT(2021-2022)
Details and Status of Complaint Resolution
As per provisions of the Lokpal and Lokayuktas Act, 2013, a complaint against a public servant alleged to have commined an offence punishable under the Preven on of Corruption on Act, 1988 can be made to the Lokpal of India in the form as may be pre scribed. The form of complaint has been prescribed under the Lokpal (Complaint) Rules, 2020, as no feid by the Central nd Government on 2 March 2020, in terms of sec on-59(2)(a) read with sec on 2(1)(e) of the Lokpal and Lokayuktas Act, 2013.
Complaints received and action taken during 2021 2022
A significant number of complaints that were received and also carried forward from the earlier years have been disposed of during 2021-22.
Analysis of Complaints received in Format in 2021-22
A complaint can be filed against various categories of public servants included in sec on 14 of the Act. An analysis of the complaints received against public servants in the prescribed format in the year 2021-22.
A broad classification on of complaints based on the nature of allegation ons is as shown below
AS DEFINED IN GOVERNEMNT REPORT
AS DEFINED IN OTHER OFFICIAL SOURCES
LEGISLATIVE FRAMEWORK
- JURISDICTION AND FUNCTION OF LOKPAL
Section 4- Section 4 of the Lokpal and Lokayuktas Act, 2013 pertains to the establishment of the Lokpal, outlining its composition, qualifications, and the process for appointment. It specifies that the Lokpal will consist of a Chairperson and members, with at least 50% of the members being from among the Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, and women.
Section 7-Section 7 of the Lokpal and Lokayukta Act, 2013, deals with the powers and functions of the Lokpal in relation to the investigation of complaints against public officials. It outlines the process for the Lokpal to receive complaints, conduct inquiries, and initiate investigations into allegations of corruption.
Section 10- Section 10 of the Lokpal and Lokayukta Act, 2013, pertains to the inquiry and investigation process conducted by the Lokpal.
Section 13- Section 13 of the Lokpal and Lokayukta Act, 2013, outlines the procedure for dealing with cases of corruption involving public servants
Section 14- Section 14 of the Lokpal and Lokayukta Act, 2013, addresses the powers of the Lokpal to take action against public servants found guilty of corruption
Section 20 - Section 20 of the Lokpal and Lokayukta Act, 2013, pertains to the power of the Lokpal regarding the enforcement of its orders.
Section 26 - Section 26 of the Lokpal and Lokayukta Act, 2013, pertains to the powers of the Lokpal concerning the conduct of investigations.
Section 29 - Section 29 of the Lokpal and Lokayukta Act, 2013, focuses on the power of the Lokpal to make rules regarding its functioning.
Section 32 - Section 32 of the Lokpal and Lokayukta Act, 2013, addresses the jurisdiction and powers of the Lokpal concerning the conduct of investigations and inquiries.
Section 37 - Section 37 of the Lokpal and Lokayukta Act, 2013, deals with the power of the Lokpal regarding the disposal of complaints.
ORGANIZATION AND ESTABLISHMENT
LOKPAL AND LOKAYUKTA ACT, 2013
The historic Lokpal and Lokayuktas Act, 2013 was passed by Indian Parliament paving the way for establishment of a Lokpal (Ombudsman) to fight corruption in public offices and ensure accountability on the part of public officials, including the Prime Minister, but with some safeguards.
Establishment of lokpal
SECTION 3. Establishment of Lokpal.—(1) On and from the commencement of this Act, there shall be established, for the purpose of this Act, a body to be called the "Lokpa.
REFERENCES
The Lokpal and Lokayukta are public institutions in India that investigate and prosecute corruption allegations against public officials. The Lokpal and Lokayuktas Act, 2013 established the Lokpal at the national level and the Lokayukta at the state level. Here are some references to the Lokpal and Lokayukta:
