Lokpal and Lokayuktas

About

·       The Lokpal is an independent statutory anti-corruption institution established to inquire into allegations of corruption against public functionaries at the Union level, including the Prime Minister (subject to specified safeguards), Ministers, Members of Parliament, and public servants. The Lokayukta performs a similar role at the State level. Both institutions aim to promote transparency, accountability, and integrity in public administration.

·       They are established under the Lokpal and Lokayuktas Act, 2013, which came into force on 16 January 2014.

Background

• The concept of an Ombudsman originated in Sweden (1809) as an independent authority to investigate complaints against public officials.
• The term “Lokpal” was coined by Dr. L. M. Singhvi in 1963.
• The First Administrative Reforms Commission (ARC) (1966) recommended the establishment of Lokpal at the Centre and Lokayuktas in the States.
• The Lokpal Bill was introduced in Parliament for the first time in 1968, but lapsed several times.
• The India Against Corruption Movement (2011), led by Anna Hazare, generated widespread public support for an independent anti-corruption ombudsman.
• Parliament enacted the Lokpal and Lokayuktas Act, 2013, and the Act came into force on 16 January 2014.
• The first Lokpal of India, Justice Pinaki Chandra Ghose, assumed office in 2019.

Example: The 2011 anti-corruption movement highlighted the demand for an independent institution to investigate corruption involving high public officials, ultimately leading to the enactment of the Lokpal Act.

Key Provisions of the Lokpal and Lokayuktas Act, 2013

• Establishes the Lokpal at the Union level and mandates every State to establish a Lokayukta within one year of the commencement of the Act.
• Provides jurisdiction over the Prime Minister, Ministers, Members of Parliament, and public servants.
• Empowers the Lokpal to order preliminary inquiries and investigations through agencies such as the CBI.
• Requires all public servants to declare their assets and liabilities.
• Provides for confiscation of assets acquired through corrupt means after conviction.
• Grants the Lokpal powers of superintendence over the CBI in corruption cases referred by it.
• Includes provisions for protection of whistle-blowers through related legislation.

Statutory Provisions

The Lokpal and Lokayuktas are established under the Lokpal and Lokayuktas Act, 2013.

Composition of the Lokpal

• The Lokpal consists of a Chairperson and not more than eight Members.
• Fifty per cent of the Members shall be Judicial Members.
• Not less than fifty per cent of the Members shall belong to SCs, STs, OBCs, Minorities, or Women.
• The Chairperson shall be:
  • the Chief Justice of India, or
  • a Judge of the Supreme Court, or
  • an eminent person with at least 25 years of expertise in anti-corruption policy, public administration, law, vigilance, finance, or management.

Appointment Committee

The Chairperson and Members are appointed by the President on the recommendation of a committee consisting of:

• Prime Minister – Chairperson
• Speaker of the Lok Sabha
• Leader of Opposition in the Lok Sabha
• Chief Justice of India or a Judge nominated by the Chief Justice
• One eminent jurist nominated by the President on the recommendation of the above committee

Lokpal Search Committee

The Search Committee is constituted by the Appointment Committee to prepare a panel of suitable candidates for appointment as the Chairperson and Members of the Lokpal.

• It consists of at least seven persons having expertise in anti-corruption, public administration, law, vigilance, finance, or related fields.
• The Search Committee recommends a panel of eligible candidates to the Appointment Committee.
• The Appointment Committee is not bound by the recommendations of the Search Committee and may consider other eligible persons.

Tenure

• The Chairperson and Members hold office for five years or until attaining the age of 70 years, whichever is earlier.
• They are not eligible for reappointment.
• They may resign by submitting their resignation to the President of India.

Conditions for Removal

• The President may remove the Chairperson or a Member on the ground of proved misbehavior, after an inquiry conducted by the Supreme Court.
• The President may also remove a Member if he:
  • is adjudged insolvent,
  • engages in paid employment,
  • is declared to be of unsound mind,
  • is convicted of an offence involving moral turpitude.

Jurisdiction

The Lokpal has jurisdiction over:

• The Prime Minister, subject to specific exclusions relating to national security, foreign relations, public order, atomic energy, and space.
• Union Ministers.
• Members of Parliament (except for speeches and votes inside Parliament protected under Articles 105 and 194).
• Group A, B, C, and D Central Government officials.
• Officials of autonomous bodies, societies, trusts, and institutions receiving substantial government funding.
• NGOs receiving government funds above the prescribed threshold or significant foreign contributions.

Example: If allegations of corruption arise against a Central Government Secretary or the head of a government-funded autonomous body, the Lokpal can order a preliminary inquiry and, where necessary, direct the CBI to conduct an investigation

Powers of the Lokpal

• Orders preliminary inquiry and investigation.
• Directs the CBI to investigate corruption cases.
• Exercises superintendence over the CBI in referred cases.
• Recommends attachment and confiscation of assets obtained through corruption.
• Recommends disciplinary action against public servants.

Lokayukta

Appointment

• The Lokayukta is appointed by the Governor of the State.
• The appointment procedure varies from State to State, as the Lokpal and Lokayuktas Act, 2013 leaves the composition and appointment process to the respective State Legislatures.
• In most States, the Governor appoints the Lokayukta after consultation with the Chief Justice of the High Court, the Chief Minister, and the Leader of the Opposition in the Legislative Assembly, as prescribed under the respective State Act.

Qualifications and Eligibility

• The qualifications of the Lokayukta differ across States.
• In most States, the Lokayukta is a former Chief Justice or a Judge of the Supreme Court or a High Court.
• The person should possess high integrity, judicial competence, and an unblemished public record.
• The individual should not hold any office of profit or engage in any business or profession at the time of appointment.

Tenure

• The tenure varies across States and is governed by the respective State Lokayukta Act.
• In many States, the Lokayukta holds office for five years or until attaining the prescribed age limit, whichever is earlier.
• The Lokayukta may resign by submitting the resignation to the Governor of the State.

Note: Unlike the Lokpal, there is no uniform tenure for Lokayuktas across India.

Removal

• The procedure for removal varies from State to State under the respective State Lokayukta Acts.
• Generally, the Governor removes the Lokayukta on grounds such as proved misbehavior, incapacity, insolvency, unsoundness of mind, conviction for an offence involving moral turpitude, or abuse of office, often after an inquiry by a judicial authority or as prescribed under the State law.

Jurisdiction

The jurisdiction of the Lokayukta differs across States but generally includes:

• The Chief Minister (in many States, subject to certain restrictions or exclusions).
• Ministers and Members of the State Legislature (where provided under the State Act).
• State Government officials and public servants.
• Officials of local bodies, public sector undertakings, corporations, boards, and government-funded institutions.

Example: The Karnataka Lokayukta has jurisdiction over the Chief Minister, Ministers, MLAs, and State Government officials under the Karnataka Lokayukta Act, 1984, whereas the jurisdiction and powers of Lokayuktas in other States may differ.

Limitations

• Delay in Appointments: The Lokpal remained non-functional until 2019, nearly five years after the Act came into force, reducing its initial effectiveness.
• Variation in Lokayuktas: The Act leaves the structure and powers of Lokayuktas to the States, resulting in non-uniform institutions across the country.
• Dependence on Investigative Agencies: The Lokpal depends largely on the CBI and other agencies for investigation, limiting its operational independence.
• Limited Jurisdiction over the Prime Minister: The Prime Minister is excluded from inquiry in matters relating to national security, foreign affairs, atomic energy, public order, and space, restricting the Lokpal’s jurisdiction.
• No Independent Prosecution Wing: The Lokpal relies on existing prosecution agencies rather than having a fully independent prosecution mechanism.
• Implementation Challenges: Delays in investigations, shortage of staff, and limited public awareness have affected its overall effectiveness.

Way Forward

• Strengthen Institutional Independence: Provide greater operational autonomy and adequate financial resources to enable the Lokpal to function without external influence.
• Establish Uniform Lokayukta Frameworks: Introduce minimum national standards for Lokayuktas while respecting the federal structure to ensure effective anti-corruption institutions across all States.
• Improve Coordination among Anti-Corruption Agencies: Enhance coordination between the Lokpal, CBI, CVC, Enforcement Directorate (ED), and State Lokayuktas to avoid duplication and ensure effective investigation.
• Ensure Timely Appointments: Fill vacancies promptly and strengthen institutional capacity with trained investigators, legal experts, and technical staff.
• Implement Second Administrative Reforms Commission (ARC) Recommendations: The 2nd ARC recommended strengthening independent anti-corruption institutions, improving transparency, and ensuring speedy investigation and prosecution of corruption cases.
• Promote Digital Governance: Expand e-governance, proactive disclosure, digital procurement, and online grievance mechanisms to reduce opportunities for corruption.

Important Cases

·   Centre for PIL v. Union of India (2011): The Supreme Court emphasized the importance of maintaining the independence of anti-corruption institutions while dealing with appointments to key investigative agencies.

·   Common Cause v. Union of India (2018): The Supreme Court stressed the need for a transparent and independent selection process for appointments to anti-corruption institutions.

FAQs

Q1. Under which Act was the Lokpal established?
Ans: The Lokpal and Lokayuktas Act, 2013.

Q2. Who coined the term “Lokpal”?
Ans: Dr. L. M. Singhvi (1963).

Q3. Which committee first recommended the establishment of Lokpal?
Ans: The First Administrative Reforms Commission (1966).

Q4. Who was the first Lokpal of India?
Ans: Justice Pinaki Chandra Ghose (2019).

Q5. What is the tenure of the Lokpal Chairperson and Members?
Ans: Five years or until attaining the age of 70 years, whichever is earlier.