Lokpal and Lokayukta: Selection process, Powers and Jurisdiction-UPSC Notes

What are Lokpal and Lokayuktas?

The Lokpal and Lokayukta Act, 2013, provided for the establishment of Lokpal for the Union and Lokayukta for States. These institutions are statutory bodies without any constitutional status. They perform the function of an "ombudsman" and inquire into allegations of corruption against certain public functionaries and related matters.

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What is Lokpal and Lokayukta's background and origin in India?

Lokpal and Lokayukta are anti-corruption authorities established in India to investigate complaints against public officials and ensure transparency and accountability. The Lokpal functions at the central level, while the Lokayuktas operate in the states.

Their origin lies in the recommendations of the Administrative Reforms Commission (1966), but they gained prominence with the Lokpal and Lokayuktas Act, 2013, passed after widespread public movements against corruption.

• The concept of ombudsman originated in 1809 in Sweden.
• In India, the former law minister Ashok Kumar Sen became the first Indian to propose the concept of a constitutional Ombudsman in Parliament in the early 1960s.
• Further, Dr. L. M. Singhvi coined the term Lokpal and Lokayukta in 1963. Later, in the year 1966, the First Administrative Reform Commission passed recommendations regarding the setting up of two independent authorities at the central and state levels.
• After the recommendations from the First Administrative Reform Commission, the Lokpal bill was passed in Lok Sabha in 1968 but lapsed due to the dissolution of Lok Sabha. Since then, the bill was introduced many times in Lok Sabha but has lapsed.
• Later, in 2002, the National Commission for Review of the Working of the Constitution (NCRWC) recommended the appointment of the Lokpal and Lokayuktas. In 2005, the 2nd Administrative Reform Commission(ARC) also recommended the same.
• The Anna Hazare movement, also known as the India Against Corruption (IAC) movement, was led by social activist Anna Hazare, who began a hunger strike in April 2011 to demand the creation of an independent, effective anti-corruption body known as the Lokpal.
• As a result of the movement, the Lokpal and Lokayukta Bill was introduced in the Indian parliament and passed into law in 2013.

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The jurisdiction of Lokpal covers the Prime Minister, Ministers, Members of Parliament, and Group A, B, C, and D government officials. It also includes employees of public sector undertakings and NGOs receiving significant government funding. The Lokpal and Lokayuktas Act, 2013, grants certain powers and functions to the Lokpal and Lokayuktas. Here are some key points about their powers and functions:

• The Lokpal and Lokayuktas have the power to conduct independent investigations into allegations of corruption against public functionaries.
• Lokpals have jurisdiction over the Prime Minister, Union Ministers, MPs, and Group A officers of the Central Government. Lokayuktas have jurisdiction over public functionaries at the state level.
• Lokpal and Lokayuktas can receive complaints related to corruption from individuals or any other source.
• They can conduct preliminary inquiries to ascertain the veracity of the complaint and gather initial evidence.
• If the preliminary inquiry establishes a prima facie case, the Lokpal or Lokayuktas can initiate a full-fledged investigation. They have the power to summon witnesses, examine evidence, and take necessary action.
• If the investigation reveals evidence of corruption, the Lokpal or Lokayuktas can initiate prosecution against the accused public functionaries.
• They can recommend disciplinary action against public functionaries found guilty of corruption. This can include removal from office, too.
• The Lokpal and Lokayuktas can recommend measures to improve transparency, accountability, and integrity in public administration.
• They ensure the protection of whistleblowers who report corruption or misuse of power. Whistleblowers are safeguarded against any harassment or victimization.

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Jurisdiction of Lokpal

• The Lokpal Act applies to a broad spectrum of public officials, including the Prime Minister, ministers, MPs, and central government personnel in categories A, B, C, and D.
• According to the Act, "Lokpal must enquire or cause an investigation into any issue involved in, resulting from, or connected with any accusation of corruption made in a complaint" against the Prime Minister.
• However, a Lokpal investigation is not permitted if the charge against the Prime Minister involves foreign relations, external and domestic security, public order, atomic energy, or space.
• Furthermore, allegations against the Prime Minister will only be investigated once the complete Lokpal bench recommends launching an investigation and at least two-thirds of the members accept it.
• If an inquiry into the Prime Minister is held, it will be conducted in secret. If the Lokpal decides that the complaint should be dismissed, the records of the investigation will not be published or made available to the public.

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Structure of the Lokpal

The Lokpal consists of a Chairperson and up to eight Members, of which 50% must be judicial members. Additionally, at least 50% of the members must belong to SCs, STs, OBCs, minorities, or women, ensuring representation and diversity. Lokpal is a multi-member body consisting of one Chairperson and a maximum of 8 members.

Post	Description
Chairman	The person to be appointed as the chairperson of the Lokpal must be either: The former Chief Justice of India; or The former Judge of the Supreme Court; or 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: Anti-corruption policy; Public administration; Vigilance; Finance, including insurance and banking; Law and management.
Members	The maximum number of members must not exceed eight. These eight members must constitute: Half of the members to be judicial members; A minimum of 50% of the Members should be from SC/ ST/ OBC/ minorities and women. The judicial member of the Lokpal must be either: A former Judge of the Supreme Court or; A former Chief Justice of the High Court.
Non Judicial members	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: Anti-corruption policy; Public administration; Vigilance; Finance, including insurance and banking; Law and management.

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Term and Appointment to the office of Lokpal

• The Chairman and Members of the Lokpal can serve for a maximum of 5 years or until they reach the age of 70, whichever comes first.
• The President appoints Lokpal's members and Chairperson based on the recommendations of a selection committee.
• The selection committee consists of:
  • The Prime Minister of India;
  • The Speaker of Lok Sabha;
  • The Leader of Opposition in Lok Sabha;
  • The Chief Justice of India or any Judge nominated by the Chief Justice of India;
  • 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.

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Selection Process of Lokpal

The Lokpal is selected by a Selection Committee comprising the Prime Minister (Chairperson), Lok Sabha Speaker, Leader of Opposition, Chief Justice of India or a Supreme Court judge, and an eminent jurist nominated by the President. A Search Committee prepares a panel of names for the Selection Committee's consideration.

• According to the 2013 Act, the Lokpal shall include a chairman and a maximum of eight members, with 50 per cent of them being judicial members.
• These positions are chosen in the same way as the chairman is selected.
• A search committee will compile a list of applicants, a selection committee will suggest names from that list, and the President will appoint these individuals as members.
• According to the Act, Lokpal must include at least 50% of its members from SCs, STs, OBCs, minorities, and women.
• Members of the search committee are subject to the same regulations. The Lokpal chairperson's salary, allowances, and service conditions will be the same as those of the Chief Justice of India; those of the other members will be the same as those of a Supreme Court judge.

What happens after these selections to the anti-corruption Ombudsman?

• The Lokpal will begin the process of forming its many wings. It will have an "Inquiry Wing, led by the Director of Inquiry, to undertake preliminary investigations into any act believed to have been committed by a public worker punishable under the Prevention of Corruption Act, 1988."
• It would also feature a "Prosecution Wing, led by the Director of Prosecution, for the purpose of prosecuting public officials in connection with any complaint brought by the Lokpal under this Act."
• After the additional Lokpal members are appointed, the procedure for appointing the Secretary, Director of Inquiry, Director of Prosecution, and other Lokpal officials and personnel will begin.

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Lokpal Search Committee

The Lokpal Search Committee is an independent body formed to recommend potential candidates for the positions of Chairperson and Members of Lokpal. It consists of at least seven persons of eminence, drawn from various fields like public administration, law, anti-corruption, and social service.

• 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 can pick names from the search committee list or not.
• In 2018, a search committee headed by former SC judge Justice Desai was formed.
• The Act mandates all states to establish the Lokayukta office within 1 year of the Act.

Key Features of Lokayuktas

Lokayuktas are state-level institutions. They deal with complaints related to corruption against public functionaries at the state level. The Governor of the state appoints the Lokayuktas. The appointment process ensures their independence and impartiality. They have jurisdiction over public functionaries in the state. This includes ministers, MLAs, government officials, and local government representatives. The Lokayuktas have powers similar to those of Lokpal. This includes the power to receive complaints, conduct investigations, and recommend action against corrupt officials. Lokayuktas promote transparency and accountability in state administration. This is by addressing corruption-related grievances and suggesting measures for improving governance. Lokayuktas act as watchdogs against corruption at the state level. They play a crucial role in ensuring integrity in public administration and restoring faith in the government.

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About Lokpal and Lokayukta Act 2013

The Lokpal and Lokayuktas Act, 2013, is an anti-corruption legislation enacted by the Parliament of India. It establishes the institution of Lokpal at the central level and Lokayuktas at the state level. The main objective of this Act is to inquire into allegations of corruption against public functionaries and take necessary action. 

Origin and History of Lokpal and Lokayukta Act

• The Ombudsman was established in Sweden in 1809, and the notion of an ombudsman was born.
• The ombudsman institution arose and evolved dramatically later in the twentieth century, following World War II.
• On the recommendations of the Whyatt Report of 1961, the United Kingdom established the Ombudsman in 1967.
• Mauritius, Singapore, Malaysia, and India were among the first countries to adopt this notion.
• Many efforts at legislation were made in response to recurrent requests for such an ombudsman, with Lokpal Bills proposed in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, and 2008, but they still need to be passed.
• The Lokpal and Lokayuktas Act was enacted in December 2013, four decades after the original Bill was introduced.
• This resulted from Anna Hazare and others, including Kiran Bedi and Arvind Kejriwal, leading a public campaign for a Jan Lokpal Bill.
• The then-UPA administration brought the Bill forward under duress when it faced multiple corruption charges, and it was eventually approved after several roadblocks.

Lokpal and Lokayukta Amendment Act 2016

• Following the adoption of the Lokpal and Lokayukta Act 2013, Parliament enacted a bill in July 2016 amending the Lokpal and Lokayukta Act.
• In the absence of a recognized Leader of the Opposition, this change allowed the leader of the biggest opposition party in the Lok Sabha to become a selection committee member.
• Section 44 of the Lokpal and Lokayukta Act 2013 was also changed by this Bill.
• Section 44 of the Act dealt with the need for each public official to provide information about their assets and liabilities within 30 days of joining the government service.
• This modification replaced the 30-day time restriction. It specified that government employees must declare their assets and liabilities in the form and manner prescribed by the government.
• When a non-governmental organization gets more than Rs. 1 crore in government grants or more than Rs. 10 lakh in foreign financing, the assets of the trustees and board members must be revealed to the Lokpal.
• The Bill extended the deadline for trustees and board members to report their assets and those of their spouses.

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