Lokpal and Lokayuktas
Details the anti-corruption ombudsman bodies at the central (Lokpal) and state (Lokayuktas) levels.
Expert Answer & Key Takeaways
Details the anti-corruption ombudsman bodies at the central (Lokpal) and state (Lokayuktas) levels.
1. Concept, Evolution, and the Lokpal Act, 2013
The concept of Ombudsman originated in Sweden in 1809 — an independent official to investigate complaints against public officials.
Indian Evolution:
- First Administrative Reforms Commission (ARC, 1966-70): Recommended the setting up of an independent Lokpal (at Centre) and Lokayukta (at states) — modelled on the Swedish Ombudsman.
- 1st Lokpal Bill introduced in Parliament in 1968 — lapsed with dissolution of Lok Sabha. Repeated attempts failed.
- Anna Hazare's Movement (2011-12): Jan Lokpal movement created massive public pressure for a stronger, independent Lokpal.
- Lokpal and Lokayuktas Act, 2013: Finally enacted — provides for Lokpal at Centre and mandates states to establish Lokayukta within 1 year.
Nature: Lokpal is a statutory body under the Lokpal and Lokayuktas Act, 2013 (NOT constitutional).
First Lokpal: Justice Pinaki Chandra Ghose was appointed as the first Lokpal of India in March 2019.
2. Composition, Selection, and Term
Composition:
- A Chairperson + maximum 8 members.
- Reservation requirements:
- 50% of members shall be Judicial Members (i.e., former SC judges or former Chief Justices of HC).
- Not less than 50% from SC, ST, OBCs, Minorities, and Women combined.
Selection Committee (5 members):
| Member | Role |
|---|---|
| Prime Minister | Chairperson |
| Speaker of Lok Sabha | Member |
| Leader of Opposition in Lok Sabha | Member |
| Chief Justice of India (or SC judge nominee) | Member |
| One eminent jurist (nominated by first 4 members) | Member |
Appointment: By the President on recommendation of the above Selection Committee.
Term: 5 years or until age 70, whichever is earlier.
Removal: By President on address by Parliament or on SC inquiry report for misbehaviour/incapacity.
Ineligible for further office: Chairperson and members are NOT eligible for appointment to any office of profit under Central/State Government after their term (except as Chairperson/member of another commission).
3. Jurisdiction, Powers, and Lokayuktas
Jurisdiction of Lokpal:
| Category | Included |
|---|---|
| Prime Minister | YES (with exceptions) |
| Union Ministers | YES |
| Members of Parliament | YES |
| Groups A, B, C, D Officers | YES |
| Officials of entities receiving govt funds | YES |
Exception for PM — Lokpal does NOT cover the PM if allegations relate to:
- International relations.
- External and internal security.
- Public order.
- Atomic energy and space.
Powers:
- Can receive and inquire into complaints of corruption against public servants.
- Has powers of a civil court — can summon witnesses, require documents.
- Can direct the CBI to conduct preliminary inquiry or investigation.
- Can attach and confiscate assets disproportionate to known sources of income.
- Can grant sanction for prosecution of public servants.
Lokayuktas:
- Established at state level under the same Act (States must establish within 1 year).
- There is no uniform model — composition and jurisdiction vary by state.
- First Lokayukta was established in Maharashtra (1971).
- Karnataka Lokayukta is considered one of the strongest in the country.
Lokpal vs Lokayukta:
| Aspect | Lokpal | Lokayukta |
|---|---|---|
| Level | Centre (Union) | State |
| Established by | Lokpal Act, 2013 | State Acts |
| Jurisdiction | Central public servants | State public servants |
| First established | 2019 (First Lokpal appointed) | 1971 (Maharashtra) |
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