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Lokpal
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The word "Lokpal" is derived from the sanskrit word "loka" meaning people and
"pala" meaning protector or caretaker. Together it means "protector of people".
The aim of passing such a law is it to eradicate corruption at all levels of the Indian
polity. For a nation to develop it needs to have an extremely well organized and
meticulously planned organization.

A failure of the administrative set up reflects on the holistic growth of the state, the
biggest reason for the failure of the administration can be attributed to the ill effects
of corruption. The growth of the country has been plagued by corruption and it has
extended its wings through out the entire administrative set up. To root out the
menace of corruption the institution of "ombudsman" came up and has played a
great role in fighting administrative malpractices.

Historical Background
The institution of ombudsman originated in scandinavian countries. The institution of
ombudsman first came into being in sweden in 1713 when a "chancellor of justice"
was appointed by the king to act as an invigilator to look into the functioning of a
war time government. From 1713 the duty of this ombudsman was to mainly ensure
the correct conduct of royal officials. The institution of the ombudsman was firmly
incorporated into the Swedish constitution from 1809.

It was defined as the parliamentary body supervising judges, government and other
officials, and ensuring their compliance with laws and other legal regulations.

The embedding of the ombudsman in the constitution was completed by a further

law specifying in greater detail the scope of his activities and his legal authority.The
institution of the ombudsman developed and grew most significantly in the 20th
century. Ombudsman institutions were on the increase especially in the period after
the Second World War when almost a hundred of them were established. The
institutions took varied forms and modifications depending on the historical, political
and social background of the given country.

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In India the ombudsman is known as lokpal or lokayukata.The concept of

constitutional ombudsman was first proposed by the then law minister Ashok Kumar
Sen in parliament in the early 1960s.The term lokpal and lokayukta were coined by
Dr.L.M.Singhvi as the indian model of ombudsman for the redressal of public
grievances,it was passed in loksabha In the year 1968 but it was lapsed with
dissolution of lok sabha and since then has lapsed in the lok sabha many times.

Need For Lokpal

There are several deficiencies in our anti-corruption systems because of which
despite overwhelming evidence against the corrupt, no honest investigation and
prosecution takes place and the corrupt are hardly punished. The whole anti-
corruption set up ends up protecting the corrupt.

1. Lack of Independence Most of our agencies like CBI, state vigilance

departments, internal vigilance wings of various departments, Anti-corruption
Branch of state police etc are not independent. In many cases, they have to
report to the same people who are either themselves accused or are likely to
be influenced by the accused.

2. Powerless Some bodies like CVC or Lokayuktas are independent, but they do
not have any powers. They have been made advisory bodies. They give two
kinds of advise to the governments to either impose departmental penalties
on any officer or to prosecute him in court. Experience shows that whenever
any minister or a senior officer is involved, their advice is rarely followed.

3. Lack of Transparency and internal accountability In addition, there is the

problem of internal transparency and accountability of these anti-corruption
agencies. Presently, there isnt any separate and effective mechanism to
check if the staff of these anti-corruption agencies turns corrupt. That is why,
despite so many agencies, corrupt people rarely go to jail. Corruption has
become a high profit zero risk business. There is absolutely no deterrence
against corruption.

4. Lack of Transparency and internal accountability In addition, there is the

problem of internal transparency and accountability of these anti-corruption
agencies. Presently, there isnt any separate and effective mechanism to
check if the staff of these anti-corruption agencies turns corrupt. That is why,
despite so many agencies, corrupt people rarely go to jail. Corruption has
become a high profit zero risk business. There is absolutely no deterrence
against corruption. Our anti-corruption laws also have several critical
deficiencies, which end up protecting the corrupt.

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Lokpal and Lokayukta Act, 2013

The Lokpal and Lokayukta Act, 2013 seeks to provide for the establishment of Lokpal
for the Union and Lokayukta for States to inquire into allegations of corruption
against certain public functionaries and for related matters. The act extends to whole
of India, including Jammu & Kashmir and is applicable to "public servants" within and
outside India.

The act mandates for creation of Lokpal for Union and Lokayukta for states. The Bill
was tabled in the Lok Sabha on 22 December 2011 and was passed by the House on
27 December as The Lokpal and Lokayuktas Bill, 2011. It was subsequently tabled in
the Rajya Sabha on 29 December. After a marathon debate that stretched until
midnight of the following day, the vote failed to take place for lack of time.

On 21 May 2012, it was referred to a Select Committee of the Rajya Sabha for
consideration. It was passed in the Rajya Sabha on 17 December 2013 after making
certain amendments to the earlier Bill and in the Lok Sabha the next day. It received
assent from President Pranab Mukherjee on 1 January 2014 and came into force from
16 January.
Structure of Lokpal
The institution of Lokpal is a statutory body without any constitutional backing.
Lokpal is a multimember body, made up of one chairperson and maximum of 8
members.The person who is to be appointed as the chairperson of the Lokpal should
be either the former Chief Justice of India Or the former Judge of Supreme Court Or
an eminent person with impeccable integrity and outstanding ability, having special
knowledge and expertise of minimum 25 years in the matters relating to anti-
corruption policy, public administration, vigilance, finance including insurance and
banking, law and management.

Out of the maximum eight members, half will be judicial members. Minimum fifty per
cent of the Members will be from SC / ST / OBC / Minorities and women. The judicial
member of the Lokpal should be either a former Judge of the Supreme Court or a
former Chief Justice of a High Court. The non-judicial member should be an eminent
person with impeccable integrity and outstanding ability, having special knowledge
and expertise of minimum 25 years in the matters relating to anti-corruption policy,
public administration, vigilance, finance including insurance and banking, law and
management.

The members are appointed by the president on the recommendation of a selection

committee. The selection committee is composed of the Prime Minister who is the
Chairperson; Speaker of Lok Sabha ,Leader of Opposition in Lok Sabha ,Chief Justice
of India or a Judge nominated by him / her, and One eminent jurist.

Jurisdiction of Lokpal
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The jurisdiction of the Lokpal will include the Prime Minister except on allegations of
corruption relating to international relations, security, the public order, atomic
energy and space and unless a Full Bench of the Lokpal and at least two-thirds of
members approve an inquiry.

It will be held in-camera and if the Lokpal so desires, the records of the inquiry will
not be published or made available t anyone. The Lokpal will also have jurisdiction
over Ministers and MPs but not in the matter of anything said in Parliament or a vote
given there. Lokpals jurisdiction will cover all categories of public servants.

Group A, B, C or D officers defined as such under the Prevention of Corruption Act,

1988 will be covered under the Lokpal but any corruption complaint against Group A
and B officers, after inquiry, will come to the Lokpal. However, in the case of Group C
and D officers, the Chief Vigilance Commissioner will investigate and report to the
Lokpal.

However, it provides adequate protection for honest and upright Public Servants.Also
any person who is or has been in charge (director / manager/ secretary) of anybody /
society set up by central act or any other body financed / controlled by central
government and any other person involved in act of abetting, bribe giving or bribe
taking.

Salient features of The Lokpal and Lokayuktas Act, 2013:

 1. The Lokpal and Lokayuktas Act, 2013 provided for Lokpal at the centre having
jurisdiction of trying cases of corruption against all Members of Parliament
and central government employees. The Lokayuktas have functions similar to
the Lokpal, but they function on a state level.

2. The office of the Lokpal and Lokayuktas deals with charges of corruption
against any public official and includes the office of the prime minister of the
court but with reasonable safeguards. Both the Lokpal and the Lokayukta deal
with charges of corruption against the government and its employees, in fact
they even conduct investigations and based on the findings from such
investigations they conduct trials.

3. The act lays down the provision to set up a Lokayukta and its set of powers
for each state without clearly defining the extent of the same, this has led to
various different Lokayuktas being setup, some with more power than the
others. In order to create uniformity a proposal to implement the Lokayukta
uniformly across Indian states has been made.

The Act provides that all states set up office of the Lokpal and/or Lokayukta
within one year from the commencement of the said Act.On the other hand,
Lokpal will consist of a chairperson and a maximum of eight members, of
which 50% will be judicial members, 50% members of Lokpal shall be from
SC/ST/OBCs, minorities and women.

4. The newly enacted Lokpal Act provides for confiscation and attachment of any
property of any government official which he or she has come to own through
corrupt practices and the same can be done during pendency of proceedings
against the said official.

5. The Lokpal Act mandates that all public officials should furnish the assets and
liabilities of themselves as well as their respective dependents. In fact the
said Act even guarantees protection to any government official who acts as a
whistle blower and as an ancillary a Whistle Blowers Protection Act has also
been enacted.

Powers of Lokpal:
1. It has powers to superintendence over, and to give direction to CBI.
2. If it has referred a case to CBI, the investigating officer in such case cannot be
transferred without approval of Lokpal.
3. Powers to authorize CBI for search and seizure operations connected to such
case.
4. The Inquiry Wing of the Lokpal has been vested with the powers of a civil
court.
5. Lokpal has powers of confiscation of assets, proceeds, receipts and benefits
arisen or procured by means of corruption in special circumstances
6. Lokpal has the power to recommend transfer or suspension of public servant
connected with allegation of corruption.
7. Lokpal has power to give directions to prevent destruction of records during
preliminary inquiry.

Conclusion
The institution of lokpal has been a land mark move in the history of Indian polity,
The lokpal and lokayukta act 2013 has offered a productive solution to combat the
never ending menace of corruption.

The institution of lokpal has tried to bring a much needed change in the battle
against corruption in the administrative structure of India but at the same time there
are loopholes and lacunae which need to be corrected. Firstly it is not free from
political influence as the appointing committee itself consist of parliamentarians
There is no criteria to decide who is an eminent jurist or a person of integrity. Thus,
this appointment can easily be manipulated.

Further, the act provides no concrete immunity to the whistle blowers. The provision
for initiation of inquiry against the complainant if the accused is found innocent will
only discourage people from complaining. Also, there is no foolproof way to
determine whether the person who is appointed as the Lokpal will remain honest
throughout.

The biggest lacuna is the exclusion of judiciary from the ambit of the Lokpal. The
Lokpal is also not given a constitutional backing. There are no adequate provisions
for appeal against the Lokpal. The powers, composition and scope of Lokayuktas do
not find any mention of the act. There is a long way to go to ensure transparency
and crusade against corruption are still on and yet to reach its destination.

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♾️ The salient features of the Lokpal and Lokayukta Act (2013) are as
follows:

It seeks to establish the institution of Lokpal at the centre and Lokayuktas

at the state level and thus provide an anti-corruption roadmap for the
nations at the Centre and at the States. The jurisdiction of lokpal includes
the Prime Ministers, Ministers, Members of Parliament and Groups A, B,C
and D officers and officials of the Central Government

The Lokpal Consists of a chairperson with a maximum of 8 members of

which 50% shall be judicial members.

About 50 % of members of the Lokpal shall come from amongst the SCs,
the STs, the OBCs, minorities and women.

The selection of the Chairperson and the members of Lokpal shall be

through a Selection Committee consisting of the Prime Minister, the
Speaker of the Lok Sabha, the Leader of the Opposition, the Chief Justice
of India or a sitting Supreme Court Judge nominated by the Chief Justice of
India and an eminent person nominated by the President of India.

A Search Committee will assist the Selection Committee in the process of

selection. 50% of the members of the Search Committee shall also be
from amongst the SCs, the STs, the OBCs, minorities and women
The Prime Minister has been brought under the purview of the Lokpal with
subject matter exclusions and specific process for handling complaints
against him/her

Lokpal’s jurisdiction will cover all categories of public servants including

Group A, Group B, Group C and Group D officers and employees of the
government

The Lokpal will have the power of superintendence and direction over any
investigative agency including the CBI for cases referred to by the Lokpal.

A High-Powered Committee chaired by the Prime Minister will recommend

the selection of the Director of the CBI.

It lays down clear timelines. For preliminary enquiry, it is three months

extendable by three months. For investigation, it is six months which may
be extended by six months

at a time. For trial it is one year extendable by one year and to achieve
this, special courts are to be set up.

It enhances maximum punishment under the Prevention of Corruption Act

from 7 to 10 years. The minimum punishment under sections 7,8,9 and 12
of the Act will now be three years and the minimum punishment under
section 15 (punishment for attempt) will now be two years.

Institutions that are financed fully or partly by the Government are under
the jurisdiction of the Lokpal, but institutions aided by the governments
are excluded

All Entities receiving donations from a foreign source within the context of
the Foreign Contribution Regulation Act in excess of Rs 10 Lakhs per year
are brought under the jurisdiction of Lokpal

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Powers and Functions of Lokpal and Lokayukta
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.

 The Lokpal and Lokayuktas can receive complaints related to

corruption from individuals or through 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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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 the members and chairperson of Lokpal based on the
recommendations of a selection committee.
 The selection committee consists of:
o The Prime Minister of India;
o The Speaker of Lok Sabha;
o The Leader of Opposition in Lok Sabha;
o The Chief Justice of India or any Judge nominated by the Chief Justice of
India;
o 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.

Selection Procedure of Lokpal

 According to the 2013 Act, the Lokpal shall include a chairman and a
maximum of eight members, with 50 percent of them being judicial members.
 These positions are chosen in the same way as the chairman is chosen.
 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.
 The Lokpal must include at least 50% of its members from the SCs, STs, OBCs,
minorities, and women, according to the Act.
 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.