LOKPAL AND LOKAYUKTA
GOVERNANCE
LOKPAL AND LOKAYUKTA
by
Manjul Kumar Tiwari Sir
GOVERNANCE by Manjul Kumar Tiwari Sir 1|Page
https://t.me/GovernanceAtYourConvenience
LOKPAL AND LOKAYUKTA
LOKPAL AND LOKAYUKTA
• The Lokpal and Lokayuktas Act, 2013, provided for the institution of Lokpal for the Union
(Centre) and Lokayukta for the states
• These institutions are statutory bodies without any constitutional status They act as
ombudsmen and investigate allegations of corruption against certain categories of
government officials.
• This eligibility has been prescribed as per the Lokpal Act, 2013.
• No elected representative or any businessman or member of Panchayat and Municipal
Corporation can be appointed to the post of President.
NEED OF SUCH INSTITUTION
• Fair investigation and prosecution: The preambular statement of The Lokpal and
Lokayuktas Act, 2013 notes that the law has been enacted to ensure prompt and fair
investigation and prosecution in cases of corruption against public servants.
• The executive's authority has deteriorated significantly. For different causes, all executive
organisations are losing prestige.
• Independence is lacking. The vast majority of our agencies, such as the CBI and state
vigilance department’s working, are not transparent and accountable to the general
public.
GOVERNANCE by Manjul Kumar Tiwari Sir 2|Page
https://t.me/GovernanceAtYourConvenience
LOKPAL AND LOKAYUKTA
EVOLUTION OF OMBUDSMAN INSTITUTIONS SUCH AS LOKPAL AND
LOKAYUKTA
Salient features of Lokpal Act 2013
2014: Lokpal
and Lokayuktas
2005: Second Bill, 2013, in
Administrative both the Houses
Reforms of Parliament
1966: First Commission
Administrative chaired by
Reforms Veerappa Moily
Commission recommendedth
1960s: term recommended
Lokpal and e office of Lokpal
the setting up of
Lokayukta two independent
were coined by authorities
Dr. L. M.
1809:
Singhvi.
iInstitution
of
ombudsman
was
inaugurated
officially in
Sweden
• It establishes Lokpal for the Union and Lokayukta for States to inquire into allegations of
corruption against certain public functionaries.
• It provides for an Enquiry Wing and a Prosecution Wing to deal with cases of corruption.
• The Inquiry Wing conducts preliminary inquiry into alleged cases of corruption against public
servants under Prevention of Corruption Act, 1988
• The Prosecution Wing files cases before the Special Court to prosecute public servants under
Prevention of Corruption Act, 1988.
• Section 63 of the Act empowers state government to establish the office of Lokayukta through a
law made by respective state legislature to deal with complaints relating to corruption against
certain public functionaries,
WIDE JURISDICTION:
• The Lokpal has jurisdiction to inquire into allegations of corruption against the Prime
Minister, or a Minister in the Union government, or a Member of Parliament, as well as
officials of the Union government under Groups A, B, C and D.
Also covered are chairpersons, members, officers and directors of any board,
corporation, society, trust or autonomous body either established by an Act of
Parliament or wholly or partly funded by the Centre.
GOVERNANCE by Manjul Kumar Tiwari Sir 3|Page
https://t.me/GovernanceAtYourConvenience
LOKPAL AND LOKAYUKTA
It also covers any society or trust or body that receives foreign contributions above
₹10 lakh.
• Autonomy in enquiry and prosecution: The Lokpal will have to appoint an Inquiry Wing,
headed by a Director of Inquiry, and a Prosecution Wing, headed by a Director of
Prosecution.
• Appointment of Lokpal: The president appoints the members after a Selection
Committee recommends them.
A search panel of at least eight people is formed by the selection committee (Headed
by PM) to select the chairperson and members.
Lokpal Chairman and Members serve for five years or until they reach the age of 70.
COMPOSITION AND TENURE
• Lokpal is a multi-member body that consists of one chairperson and a maximum of 8 members
(1+8)
• 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 and minimum 50% of the
Members will be from SC/ ST/ OBC/ Minorities and women.
• The judicial member of the Lokpal either a former Judge of the Supreme Court or a former Chief
Justice of a HIGH COURT.
• The term of office for Lokpal Chairman and Members is 5 years or till the age of 70 years.
POWERS:
• It has Superintendence over the Central Bureau of Investigation and can give directions to it. If a
case is referred to CBI by Lokpal, the investigating officer in such a case cannot be transferred
without the approval of Lokpal.
• Lokpal will have an Inquiry Wing and Prosecution Wing. The Inquiry Wing has the powers of a Civil
Court.
• It can confiscate assets, proceeds, receipts, and benefits arisen or procured by means of
corruption in special circumstances.
• It can transfer or suspend public servants connected with allegations of corruption.
• It has the power to give directions to prevent the destruction of records during the preliminary
inquiry.
• The administrative expenses of the Lokpal, including all salaries, allowances and pensions payable
to or in respect of the Chairperson, Members or Secretary or other officers or staff of the Lokpal,
shall be charged upon the Consolidated Fund of India and any fees or other moneys taken by the
Lokpal shall form part of that Fund
GOVERNANCE by Manjul Kumar Tiwari Sir 4|Page
https://t.me/GovernanceAtYourConvenience
LOKPAL AND LOKAYUKTA
WORKING OF LOKPAL
Preliminary Enquiry report
Complaint Lokpal may to be finished within 60
order days
made to Opportunity is given
preliminary L0kpal bench decides
Lokpal inquiry
to Public servant
Preliminary
investigation
within 60 days
If found guilty
Trials in Special court, to be
completed within one year
• A complaint can be made to the Lokpal for an offence under the Prevention of Corruption Act.
• The Lokpal may order a preliminary inquiry by its Inquiry Wing or refer it any investigation agency
like CBI.
• However, the Lokpal should establish that a prima facie case exists after seeking an explanation
from the public servant as well as his competent authority.
• With respect to Central Government Servants, it may refer cases to the Central Vigilance
Commission.
• Preliminary Enquiry report should be done within 60 days. The preliminary investigation should
be normally completed within 90 days.
• A Lokpal bench of not less than 3 members considers it and after giving an opportunity to the
public servant, decides on a further investigation – it may dismiss, initiate a full investigation or
start departmental proceedings.
• The trials will be held in special courts, which must complete them within one year.
• Extensions can be made but the total period cannot exceed two years.
Jurisdiction
• Jurisdiction of Lokpal includes Prime Minister, Ministers, members of PARLIAMENT, Groups A,
B, C and D officers and officials of Central
Government.
Prime MInister
• Jurisdiction of the Lokpal included the Prime
Minister except on allegations of corruption
relating to international relations, security, the
public order, atomic energy and space.
MInister, Jurisdiction
• The Lokpal does not have jurisdiction over Member of of Lokpal
Parliaments
Ministers and MPs in the matter of anything said in
Parliament or a vote given there.
• Its jurisdiction also includes any person who is or
Groups A, B, C
has been in charge (director/ manager/ secretary) and D officers of
of anybody/ society set up by central act or any Central Govt.
GOVERNANCE by Manjul Kumar Tiwari Sir 5|Page
https://t.me/GovernanceAtYourConvenience
LOKPAL AND LOKAYUKTA
other body financed/ controlled by central government and any other person involved in act of
abetting, bribe giving or bribe taking.
• It has the powers to superintendence over, and to give direction to CBI.
EXCEPTION TO PRIME MINISTER
• The act does not allow a Lokpal inquiry if the allegation against the PM relates to international
relations, external and internal security, public order, atomic energy and space.
• Complaints against the PM are not to be probed unless the full Lokpal bench considers the
initiation of inquiry and at least 2/3rds of the members approve
• Such an inquiry against the PM (if conducted) is to be held in camera and if the Lokpal comes to
the conclusion that the complaint deserves to be dismissed, the records of the inquiry are not to
be published or made available to anyone.
CHALLENGES & ISSUES OF LOKPAL
• Lokpal is not free from political influence as the appointing committee itself consist of members
from political parties
• The Lokpal Act -2013 did not provide concrete immunity to the whistle blowers.
• The Lokpal is not given any constitutional backing and there is no adequate provision for appeal
against the Lokpal.
• The specific details in relation to the appointment of Lokayukta have been left completely on the
States.
• The complaint against corruption cannot be registered after a period of seven years from the date
on which the offence mentioned in such complaint is alleged to have been committed.
• Lokpal and Lokayukta Amendment Bill was introduced in 2016 to cripple Lokpal’s power in
following ways:
• Amends section 44 of parent Act that deals with provision of furnishing of details of assets
and liabilities of public servants within 30 days of joining the government service. The
amendment has removed the period of 30 days.
REFORMS NEEDED
• Need to remove anonymity in Appointments of Lokpal: The Department of Personnel and
Training, which works as a nodal Ministry for both Lokpal and CIC, refused to provide a copy of
the minutes.
• Greater accountability: greater right to information, and citizen and citizen group empowerment
are all needed.
• Functional autonomy and availability of manpower: to tackle the problem of corruption, the
institution of the ombudsman should be strengthened.
The Lokpal and Lokayukta must be financially, administratively, and legally empowered and
separate from those they are tasked with investigating and prosecuting.
the Director of Inquiry or Prosecution is yet to be appointed. Further, regulations which the
Lokpal was obligated to make under the law are yet to be made, including those specifying
the manner and procedure of conducting preliminary inquiry and investigation.
Early disposal of cases: Lokpal gets 1,427 complaints in 2019-20, out of which 80% cases are
still pending to heard.
Ensure Active participation of opposition in appointment: The amendment bill 2016, enables the
leader of the single largest opposition party in the Lok Sabha to be a member of the selection
committee in the absence of a recognized Leader of Opposition.
GOVERNANCE by Manjul Kumar Tiwari Sir 6|Page
https://t.me/GovernanceAtYourConvenience
LOKPAL AND LOKAYUKTA
VARIOUS COMMITTEES ON LOKPAL:
FIRST ARC ON LOKPAL
• The idea to constitute two-tier Lokpal and Lokayukta was first proposed by First Administrative
Reform Commission. As per the proposal,
• Lokpal should deal with complaints against Ministers and Secretaries of Central Government as
well as in the states.
• The Lokayukta, one for the Centre and one in each State, should attend complaints against rest of
the bureaucracy.
• Each government department should have a suitable machinery to receive and investigate
complaints and set in motion the administrative process to provide remedies.
• The Lok Pal may either act on the complaints made by an affected citizen or on his own cognition.
• He shall investigate cases related to maladministration, involving acts of injustice, corruption and
favouritism. The investigations and proceedings should be conducted in private and should be
informal in character.
• If there are criminal charges against a public official, he can bring it to the notice of the Prime
Minister or the Chief Minister and they can then set the machinery of law in motion and inform
the Lok Pal.
NCRWC ON LOKPAL
The National Commission to Review the working of the Constitution (NCRWC) made the following
recommendations on corruption and Lokpal:
• The Constitution should make the appointment of Lok Pal. But the office of the Prime Minister
should be kept out of the purview of the Lok Pal.
• The Petitions Committee of Parliament should be attached as the supplementary body to the
institution of Lok Pal for ventilation, investigation and to redress the grievances of public against
the administration.
• For fighting the corruption Public Interest Disclosure/ Whistle-Blower Act should be enacted to
protect the informants.
• A law should be framed for those public servants who are making a loss to the State by malafide
actions or omissions and be made liable to loss or damages.
• Benami property of public and non-public servants should be forfeited.
• The Commission suggested that accepting money or any other valuable consideration to speak or
vote in a particular manner in the Parliament should be considered into the corrupt acts. For this
purpose Article 105(2) of the Constitution which provides immunity to MPs or MLAs under
Parliamentary privileges must be amended.
A REVIEW OF LOKAYUKTAS IN STATES
Issues in Goa Lokayukta
Goa's retired Lokayukta has highlighted the issues related to the state office and the proceedings.
Goa Lokayukta Act
• Even much before the enactment of the Lokpal and Lokayuktas Act, 2013 itself, many states had
already set up the institution of Lokayuktas.
• It is based on the Lokayukta Acts of Karnataka and Kerala, but with less stringency.
• Individuals' complaints against government officials' maladministration are addressed by this Act.
A claim or a petition may be used to file a lawsuit under this Act.
GOVERNANCE by Manjul Kumar Tiwari Sir 7|Page
https://t.me/GovernanceAtYourConvenience
LOKPAL AND LOKAYUKTA
CHALLENGES HIGHLIGHTED
• Overloaded: Officials stymied preliminary investigations by failing to file a FIR, and thus,
several cases were referred to the Lokayukta.
• Lack of Governance: His findings were reflective of a lack of governance, regardless of which
political party was in power at the time, and they highlighted bureaucratic apathy as well as
political apathy.
• Less Powers: The state act lacks the prosecutorial powers granted by the Karnataka and
Kerala Acts, as well as a provision for contempt of the Lokayukta's orders.
• Inadequate Staff: The Lokayukta has an investigation wing to which police officers are
supposed to be assigned, but it was found to be short on trained personnel.
The institution created to deal with the corruption and mal-administartion complaints made by general
public, the Lokayukta, in many states of India, has today been reduced to a toothless tiger. The status
of Lokayukta in some of the states are as given below:
• The Kerala government proposed to amend the Kerala Lokayukta Act with an ordinance.
o The amendment proposes to give the government powers to “either accept or reject the
verdict of the Lokayukta, after giving an opportunity of being heard”. Currently, under
Section 14 of the Act, a public servant is required to vacate office if directed by the
Lokayukta.
o By this ordinance, the quasi-judicial institution will turn into a powerless advisory body,
whose orders will no longer be binding on the government.
• In, Karnataka, the post was set up way back in 1986 — long before the Lokpal and Lokayuktas Act,
2013, made it mandatory for states to have an ombudsman. In 2022, the post of Lokayukta is lying
vacant in the state.
• In Delhi, the Lokayukta’s post has been vacant since December 2020. Uttarakhand, too, hasn’t had
a Lokayukta since 2013. Himachal Pradesh, Nagaland and Jharkhand are among the states that do
not have Lokayuktas.
• Himachal Pradesh — where there has been no Lokayukta for four years — amended its Lokayukta
Act in December 2021 to allow judges of high courts to be appointed to the post,citing difficulty
in finding “suitable candidates”.
• In Nagaland, the government passed an amendment in August 2021 to its 2017 Lokayukta Act to
keep the post vacant for up to one year.
• The structure and Power of Lokayukta differs from state to state and different States have brought
laws to cripple the power of Lokayukta as-
o Nagaland: Political appointment of members has been observed in Lokayukta structure.
o Goa: Lokayukta does not have power of Sanction.
o Bihar: Law that punishes people for filing false cases before Lokayukta.
o UP: Pass a law to increase the tenure of Lokayukta to 8 years.
UPSC PYQ
‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public
affairs.’ Discuss. (2013)
GOVERNANCE by Manjul Kumar Tiwari Sir 8|Page
https://t.me/GovernanceAtYourConvenience
