Ombudsman

Introduction
Modern democratic states are characterized by a welfare orientation. Hence, the government has
come to play an important role in the socio-economic development of a nation. This has resulted
in the expansion of bureaucracy and the multiplication of administrative process, which in turn
increased the administrative power and discretion enjoyed by the civil servants at different levels
of the government. The abuse of this power and discretion by civil servants opens up scope for
harassment, malpractices, mal-administration and corruption. So, such a situation gives rise to
citizens’ grievances against administrative authorities.
The success of democracy and the realization of socio-economic development depends on the
extent to which the citizens’ grievances are redressed.
Therefore, the following institutional devices have been created in different parts of the world to
deal with the redressal of these grievances:
1. The Ombudsman System
2. The Parliamentary Commissioner
3. The Administrative Courts System
4. The Procurator System
These institutions in administrative law embody the essence of democracy by acting as a check
and balance on governmental power. Their unwavering commitment to justice ensures that the
rights of citizens are protected, that the rule of law is upheld and that government agencies are
held accountable for their actions. They also stand as a guardian of individual rights, a promoter
of governmental transparency and a catalyst for continuous improvement in the functioning of
the state. Through their diligence and dedication, they bolster the foundations of a just and
equitable society.
Origin of Concept of Ombudsman
 In ancient period a prototype of an ombudsman may have flourished in China during the
Qin dynasty (BC 221). Later on in other countries.
 In ‘Chancellor of Justice / Commissioner of Justice” is a Swedish government
agency (with the agency head holding the same title as the agency name) charged with
representing the Government of Sweden in various legal matters as the government's
ombudsman. The office was originally created through a decree issued by King Charles XII in
1713. It was created as ‘war time government’ initially. Later, it was adopted for permanent base
and still it was existed.
 The earliest democratic institution created in the world for the redressal of citizens’
grievance is the Scandinavian institution of Ombudsman. (Scandinavian countries/ Scandinavian
peninsular – Sweden, Norway, Denmark and Finland).
 In the year 1809 for the first time Sweden established the ‘Ombudsman System’. From
Sweden, this institution spread to other Scandinavian countries – Finland (1919), Denmark
(1955) and Norway (1962).
 The term, ombudsman, ombudsmann or ombudsmand is etymologically rooted in the Old
Norse word umboðsmaðr, umboas – Commission and Mathr – man. It means 'representative',
Controller, Visitor etc.
 In modern period ‘Ombud’ is a Swedish term and refers to a person who acts as the
representative or spokesman of another person.
Parliamentary Commissioner
 New Zealand is the first Commonwealth country in the world to have adopted the
Ombudsman system in the form of a ‘Parliamentary Commissioner’ for investigation in 1962.
 In 1967, on the recommendations of the Whyatt Report of 1961 the Great Britain adopted
the institution of the ombudsman and became the first large nation in the democratic world to
have such a system.
 Since then, more than 40 countries of the world have adopted Ombudsman like
institutions with different nomenclature and functions.
Example : The Ombudsman in India is called Lokpal/ Lokayukta.
Administrative Courts
 Another unique institutional device created for the redressal of citizens grievances against
administrative authorities, is the French system of administrative courts – Dorit administratiff.
 Due to its success in France, the system has gradually spread to many other European and
African countries like Belgium, Greece and Turkey.
Procurator System
The socialist countries like the former USSR (now Russia – the office of Procurator-General is
still functioning in Russia and the tenure of the officer is seven years), China, Poland, Hungary,
Czechoslovakia and Romania have created their own institutional device for the redressal of
citizens’ grievances. It is called ‘Procurator Sytem’.
Swedish Ombudsman
The Swedish ombudsman initially appointed in two different fields : Civil ombudsman (for
Executive and Judiciary) and Military ombudsman. (now as single body)
The main purpose of the ombudsman to deal with the citizens’ grievances in the following
matters:
i. Abuse of administrative discretion, that is, mis-use of official power and authority.
ii. Maladministration, that is, inefficiency in achieving the targets.
iii. Administrative corruption, that is demanding bribery for doing things.
iv. Nepotism, that is supporting one’s own kith and kin in matters like providing
employment.
v. Discourtesy, that is, misbehavior of various kinds, for instance use of abusive language
etc.
 The ombudsman is appointed by the Parliament for a term of 4 years.
 He can be removed only by the Parliament on the ground of its loss of confidence in him.
 He submits his annual report to the Parliament and hence, is also known as
‘Parliamentary Ombudsman’.
 Though he was appointed by parliament he is an independent body of the parliament,
executive and judiciary.
 The ombudsman is a constitutional authority and enjoys the powers to supervise the
compliance of laws and regulations by the public officials, and see that they discharge their
duties properly. In other words, he keeps a watch over all public officials – civil, judicial and
military-
 So that they function impartially, objectively and legally, that is, in accordance with the
law.
 However, he has no power to reverse or quash a decision and has no direct control over
administration or the courts.
 The ombudsman can act either on the basis of a complaint received from the citizen
against unfair administrative action or suo moto.
 He can prosecute any erring official (an officer how did wrong) including the judges.
 However, he himself cannot inflict any punishment.
 He only reports the matter to the higher authorities for taking the necessary corrective
action.
Characteristics of the Swedish Ombudsman
In sum, the characteristics of the Swedish institution of Ombudsman are as follow:
i. Independence of action from the executive
ii. Impartial and objective investigation of complaints
iii. Either by complaint or by suo moto power to start investigations
iv. Uninterrupted access to all the files of administration
v. Right to report to the Parliament as opposed to the executive; the institution of
ombudsman is based on “the doctrine of administrative accountability to legislature”.
vi. Wide publicity given to its working in press and other media.
vii. Direct, simple, informal, cheap and speedy method of handing complaints.
Meaning of Ombudsman in Administrative Law
An Ombudsman in administrative law is an independent official or body appointed by the
government to oversee and investigate complaints and grievances against administrative
actions and decisions made by government agencies, departments or public officials.
The primary purpose of an Ombudsman in administrative law is to ensure transparency, fairness,
accountability and adherence to legal and procedural standards within the administrative
processes of the government.
This official is often referred to as a grievance officer. The Ombudsman’s job is to examine the
complaints made by citizens when they believe that a government agency is not doing its job
properly. In simple terms, if the government isn’t doing things right, citizens can report their
concerns to this official, who works for the government but is independent and impartial.
Importance of Ombudsman in Administrative Law
Regarding the importance of the Ombudsman in administrative law, it’s essential to understand
that this official is not a super administrator to whom you can appeal just because you’re not
happy with a decision made by a government official. The main role of the Ombudsman is to
investigate complaints of mismanagement or unfair treatment.
In terms of its usefulness, think of the Ombudsman in administrative law as a guardian of the
government’s actions and a protector of regular people. The Ombudsman looks into all
complaints made by citizens when they believe that the government is using its power
improperly, not doing its job well or being unfair. The Ombudsman has extensive authority,
including access to government records. People who file complaints don’t have to provide
evidence; the Ombudsman investigates and can provide remedies to those who have been
wronged.
The Ombudsman’s role is to make sure complaints are valid and address them appropriately.
They can even take action on their own if they see a problem and their authority is not limited
like that of a Civil Court.

Donald. C. Rowat says that the institution of Ombudsman is a “bulkwork of the democratic
government against the tyranny of officialdom.”
While Gerald E. Caiden described the Ombudsman as “institutionalized public conscience.”
Types of Ombudsmen
In 1962, during the “All India Lawyers’ Conference,” a social reformer named M.C. Setalvad
proposed the idea of establishing an Ombudsman system in India to improve how the
government functions.
An Ombudsman can be anyone, from an inspector general to a citizen advocate, appointed by the
national legislature. Ombudsmen are also appointed at the state, local and municipal levels.
To handle complaints in a confidential, independent and impartial manner, the government
appoints various Ombudsmen for different domains and issues. There are several types of
Ombudsmen:
Organisational Ombudsman
These Ombudsmen review, administer and investigate complaints from employees, members or
clients of public or private sector organisations regarding problems or policy violations. They
ensure issues are properly addressed and communicate changes and conflicts within the
organisation.
Classical Ombudsman
Appointed by the government, Classical Ombudsmen deal with problems and conflicts of the
general public concerning authorities or the government itself. They have the authority to review
and address public grievances and take appropriate actions.
Advocate Ombudsman
These Ombudsmen work in both the private and public sectors and are focused on publicly
defending and advocating for persecuted individuals or groups. They are often found in social
work entities or government agencies and primarily address policies practised by government
entities or organisations.
Hybrid Ombudsman
Their main role is to informally investigate complaints from both private and public sectors.
They have the power to conduct investigations and produce annual reports.
Legislative Ombudsman
As part of the government, Legislative Ombudsmen address issues, conflicts and disputes faced
by the public when dealing with government agencies and branches. They emphasise issues
related to government policies and legislation and can propose changes based on public
demands.
Executive Ombudsman
These Ombudsmen assess complaints and failures in government conduct, involving government
officers and authorities. They make public reports for reference and work with officials to
improve individual experiences.
Media Ombudsman
These Ombudsmen investigate complaints in various news organisations and media outlets. They
handle issues like false news, misleading advertisements, controversial statements, defamation
cases and inappropriate customer-media relations to ensure fair resolution of conflicts and
disputes in the media industry.
Powers and Functions of Ombudsman in Administrative Law
 One of the key roles of an Ombudsman is to safeguard the rights and freedoms of
citizens. The establishment of the Ombudsman position primarily serves this purpose.
 In Scandinavian countries, the Ombudsman has an additional responsibility: supervising
the general civil administration. This duty closely ties the Ombudsman’s role to the oversight of
public administration.
 Many states, including some institutions similar to the Ombudsman, engage in the
general supervision of government functions. This oversight is often referred to as monitoring
the government’s performance.
 In certain countries, the Ombudsmen wield significant authority. For instance, in Sweden,
the Ombudsman is empowered to investigate cases of corruption, in any form, not only involving
government officials but also judges of the highest court.
 In the United Kingdom, the Parliamentary Commissioner, a British version of the
Ombudsman, also serves as a Health Commissioner. In 1974, the British parliament passed a law
to expand the jurisdiction of the Parliamentary Commissioner to cover local government matters.
This allows local councillors to file complaints against local authorities and seek resolution for
their grievances.
 Another crucial aspect of the Ombudsman’s role is the exercise of discretionary powers.
These powers encompass a wide range of issues, including corruption, negligence, inefficiency
and misbehaviour. How these powers are applied depends on the individual Ombudsman and
their judgment.
Ombudsman in India
The success of the Ombudsman functions in other countries served as inspiration for the
establishment of Lokpal and Lokayuktas in India. Lokpal functions as the Indian Ombudsman at
the national level, while Lokayuktas serve as State Ombudsmen.
 In India, the concept of constitutional ombudsman was first proposed by the then law
minister Ashok Kumar Sen in Parliament in the early 1960s.
 The idea of setting up an Ombudsman in India was first proposed by M.C. Setalvad, an
eminent Indian jurist, who became the first and longest serving Attorney General of India (1950-
1963) at the All India Lawyers’ Conference in 1962.
 The term ‘Lokpal and Lokayukta’ were coined by Dr.L.M Singhvi.
 In 1968, the Administrative Reforms Committee 1 initially chaired by Shri Morarji R
Desai,MP and later on Shri K.Hunmanthaiya, MP presented a proposal to the Government
regarding the establishment of an Ombudsman. However, it wasn’t until 1971 that a bill was
introduced for this purpose, but it ultimately did not pass.
Legal framework to check administrative authorities
The existing Legal and institutional framework to check corruption and redress citizens’
grievances in India consists of the following:
1. Public Servants (Enquiries) Act, 1850
2. Indian Penal Code, 1860
3. Special Police Establishment, 1941
4. Delhi Police Establishment Act, 1946
5. Prevention of Corruption Act, 1988
6. Commissions of Inquiry Act, 1952 (against political leaders and eminent public men)
7. All India Services (conduct) Rules, 1968
8. Central Civil Services (Conduct) Rules, 1964
9. Railway Services (Conduct) Rules, 1966

1
The First Administrative Reforms Commission (ARC) as a Commission of Inquiry was set up in
January,1966, to examine the public administration of the country and make recommendation for reform and
reorganisation when necessary, involving the following aspects:
 The machinery of the Government of India and its procedures or work
 The machinery for planning at all levels
 Centre- State relationships
 Financial administration
 Personnel administration
 Economic administration
 Administration at the State level
 District administration
 Agricultural administration and
 Problems of redress of citizens grievances.
2. The Administrative Reforms Commission was initially Chaired by Shri Morarji R Desai, MP, and later on Shri
K.Hunmanthaiya, M.P became its chairman when Shri Morarji R Desai, MP, became the Deputy Prime Minister of
India. The other members of the Commission were:
 Shri H.C. Mathur,M.P.
 Shri G.S. Pathak, M.P Shri H.V. Kamath, M.P.
 Shri V. Shankar, I.C.S., Member Secretar
 Shri V. Shankar, I.C.S., Member Secretary
3. The Commission was empowered to devise its own procedures, appoint Committees and Advisors to assist it. The
Commission had set up 20 Study Teams, 13 Working Groups and one Task Force. The Working Groups made
detailed studies of specific agencies and organisations such as Customs & Central Excise, Post & Telegraphs, Life
Insurance, Income Tax, Police and Developmental Control and regulatory organisations
4. The Commission submitted 20 reports before winding up in mid- 1970
10. Vigilance organizations in Ministeries/Departments, Attached and subordinate offices
and public undertakings
11. Central Bureau of Investigation, 1963
12. Central Vigilance Commission, 1964
13. State Vigilance Commission, 1964
14. Anti Corruption bureaus in States like, CID
15. Lokpal (ombudsman) at the Centre
16. Lokayukta (ombudsman) in States
17. Divisional Vigilance Board
18. District Vigilance Officer
19. National Consumer Disputes Redressal Commission
20. National Commission for SCs
21. National Commission for STs
22. Supreme Court and High Courts in States
23. Administrative Tribunal (as quasi-Judicial bodies)
24. Directorate of Public Grievances in the Cabinet Secretariat, 1988
25. Parliament and its Committes
26. ‘File to Field’ programme in some states like Kerala. In this innovative scheme, the
administrator goes to the village/area and hears public grievances and takes immediate action
wherever possible.
27. Rachabanda in AP and Praja Dharbar in Telengana etc.

ARC 1966 recommendations on Lokpal and Lokayukta

The Administrative reforms commission of India, 1966 recommended the setting up of two
special authorities designated as ‘Lokpal’ and ‘Lokayukta’ for the redressal of citizens’
grievances.
These institutions were to be set up on the pattern of the institution of ombudsman in
Scandinavian countries and the parliamentary commissioner for investigation in New Zealand.
The Lokpal would deal with complaints against ministers and secretaries at Central and State
levels, and the lokayukta at state level would deal with complaints against other specified higher
officials.
The ARC kept the judiciary outside the purview of Lokpal and Lokayukta as in New Zealand.
But, in Sweden the Judiciary is within the purview of Ombudsman.
- According to the ARC, the Lokpal would be appointed by the president after consultation
with the chief Justice of India, the Speaker of Lok Sabha and the Chairman of the Rajya
Sabha.
- The ARC also recommended that the institutions of Lokpal and Lokayukta should have
the following features:
1. They should be demonstratively independent and impartial.
2. Their investigations and proceedings should be conducted in private and should be
informal in character.
3. Their appointment should be, as far as possible, non-political.
4. Their status should compare with the highest judicial functionaries in the country.
5. They should deal with matters in the discretionary field involving acts of injustice,
corruption or favouritism.
6. Their proceedings should not be subject to judicial interference.
7. They should have the maximum latitude and powers in obtaining information relevant to
their duties.
8. They should not look forward to any benefit or pecuniary advantage form the executive
government.
Conclusion
The role of the Ombudsman in administrative law is pivotal in upholding the principles of
transparency, fairness and accountability within the workings of government. This independent
authority serves as a beacon of hope for individuals and organisations who encounter
administrative issues, ensuring that their grievances are heard and resolved impartially.
The Ombudsman’s multifaceted functions, from mediating disputes to conducting thorough
investigations, shine a light on potential shortcomings within the administrative apparatus.
Through their recommendations and proactive measures, Ombudsmen help governments
enhance their processes, reducing the likelihood of future conflicts.
*************************************************************

The Lokpal and Lokayukta Act, 2013

The Lokpal is in charge of investigating corruption allegations at the national level, and the
Lokayukta is in charge of the same job at the state level. The Lokpal and Lokayukta Act of 2013
required the creation of a Lokpal at the federal level and a Lokayukta at the state level. The
Lokpal and the Lokayuktas are statutory bodies with no constitutional significance. These
organisations serve in the capacity of “Ombudsman.” They look into claims of corruption against
governmental entities and organisations, as well as other problems.

The 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

o The Ombudsman was established in Sweden in 1809, and the notion of an ombudsman
was born.
o The ombudsman institution arose and evolved dramatically later in the twentieth century,
following World War II.
o Resulting to which after a few decades New Zealand and Norway also implemented
ombudsman - Parliamentary Commissioner, system in 1962 and this concept prove to be
extremely influential.
o On the recommendations of the Whyatt Report of 1961, the United Kingdom established
the Ombudsman in the name of Parliamentary Commissioner in 1967.
o Mauritius, Singapore, Malaysia, and India were among the first countries to adopt this
notion. During the initial years of 1960s, Ashok Kumar Sen who was the Law Minister at that
time proposed the idea of a constitutional version in the Parliament of India.
o The concept and words Lokpal and Lokayukta were coined by Dr. LM Singhvi in India.
o As part of the first Administrative Reforms Commission recommendation in 1966, there
should be two authorities that ought to be independent at the Central and state levels. One of
which would investigate the Complaints against the corruption cases of government officials.
o During the dissolution of the Lok Sabha in 1968, the Lokpal bill lapsed and since then it
has fallen through many Lok Sabha sessions.
o 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. The bill was passed 8 times before 2011 but failed each time.
o Based on the findings of the commission to revisit the working of the Indian constitution
established by MN Venkatachaliah in 2002, it was recommended that the Lokpal and Lokayukta
be appointed and the PM should remain outside the authority’s scope.
o Veerappa Mauli2 chaired the second Administrative Reforms Commission, 2005 that
recommended the establishment of the Lokpal office immediately.
o An examination of the Lokpal bill proposal was conducted by the minister’s groups
which was shared by Pranab Mukherjee in 2011.
o The Lokpal and Lokayuktas Act was enacted in December 2013, four decades after the
original Bill was introduced.
o It was Anna Hazare and others, including Kiran Bedi and Arvind Kejriwal, leading a
public campaign for a Jan Lokpal Bill against corruption movement that further advanced to the
Lokpal and Lokayukta bill in 2013, sanctioned by Lok Sabha and Rajya Sabha under the UPA
government after several roadblocks.
o The Lokpal and Lokayukta bill received their assent from the President of India on 1st
January 2014 and later came into action on 16th January 2014.

2
The Second Administrative Reforms Commission (ARC) was constituted on 31.08,2005, as a Commission of Inquiry, under
the Chairmanship of Shri Veerappa Moily for preparing a detailed blueprint for revamping the public administrative system.
 - “THE LOKPAL AND LOKAYUKTAS ACT, 2013”
- Part I – Preliminary (Section I)
- Part II – Lokpal For The Union (Section 2 to
- >> Chapter I : Definitions (Sec-2)
>> Chapter II : Establishment of Lokpal (Sec- 3 – 10)
>> Chapter III :Inquiry Wing (Sec 11)
>> Chapter IV :Prosecution Wing (Sec 12)
>> Chapter V :Expenses of Lokpal to be charged on consolidated fund of India (Sec 13)
>> Chapter VI :Jurisdiction in respect of inquiry (Sec 14-19)
>> Chapter VII :Procedure in respect of preliminary inquiry and investigation (Sec 20-
24)
>> Chapter VIII :Powers of Lokpa (Sec 25-34)
>> Chapter IX :Special Courts (Sec 35-36)
>> Chapter X :Complaints against chairperson, members and officials of Lokpal (Sec 37-
38)
>> Chapter XI :Assessment of loss and Recovery the role by special court (Sec 39)
>> Chapter XII :Finance, Accounts and Audit (Sec 40-43)
>> Chapter XIII :Declaration of Assets (Sec 44-45)
>> Chapter XVI :Offences and Penalties (Sec 46-47)
>> Chapter XV : Miscellaneous (Sec 48-62)
- Part III – Establishment of the Lokayukta (Sec- 63)
- The Schedul

What are Lokpal and Lokayukta?

o The Lokpal and Lokayukta Act, 2013, provided for establishing Lokpal at the Centre and
Lokayukta in states.
o Lokpal and Lokayukta are statutory bodies without any constitutional status.
o They perform the function of an "ombudsman" and inquire into allegations of corruption
against certain public functionaries.
o The Act aims to establish Lokpal at the Centre and Lokayuktas in each state to inquire
into allegations of corruption against public servants.
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:
o The Lokpal and Lokayuktas have the power to conduct independent investigations into
allegations of corruption against public functionaries.
o 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.
o The Lokpal and Lokayuktas can receive complaints related to corruption from individuals
or through any other source.
o They can conduct preliminary inquiries to ascertain the veracity of the complaint and
gather initial evidence.
o 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.
o If the investigation reveals evidence of corruption, the Lokpal or Lokayuktas can initiate
prosecution against the accused public functionaries.
o They can recommend disciplinary action against public functionaries found guilty of
corruption. This can include removal from office, too.
o The Lokpal and Lokayuktas can recommend measures to improve transparency,
accountability, and integrity in public administration.
o They ensure the protection of whistleblowers who report corruption or misuse of power.
Whistleblowers are safeguarded against any harassment or victimization.

Jurisdiction of Lokpal
o The Lokpal Act applies to a wide spectrum of public officials, including the Prime
Minister, ministers, MPs, and central government personnel in categories A, B, C, and D.
o 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.
o 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.
o 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.
o If an inquiry into the Prime Minister is held, it will be conducted in secret, and 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.
Structure of the Lokpal
Lokpal is a multi-member body consisting of one chairperson and a maximum of 8 members.
Post Description
Chairman o The person to be appointed as the chairperson of the Lokpal must be either:
o The former Chief Justice of India; or
o The former Judge of the Supreme Court; or
o 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:
o Anti-corruption policy;
o Public administration;
o Vigilance;
o Finance, including insurance and banking;
o Law and management.
Members o The maximum number of members must not exceed eight. These eight members
must constitute:
o Half of the members to be judicial members;
o A minimum of 50% of the Members should be from SC/ ST/ OBC/
minorities and women.
o The judicial member of the Lokpal must be either:
o A former Judge of the Supreme Court or;
o A former Chief Justice of the High Court.
Non Judicial o The non-judicial member of the Lokpal needs to be an eminent person with flawless
members integrity and outstanding ability.
o The person must possess special knowledge and an experience of a minimum of 25
years in matters relating to:
o Anti-corruption policy;
o Public administration;
o Vigilance;
o Finance, including insurance and banking;
o Law and management.

Term and Appointment to the office of Lokpal

o 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.
o The president appoints the members and chairperson of Lokpal based on the
recommendations of a selection committee.
o 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.
o 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

o 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.
o These positions are chosen in the same way as the chairman is chosen.
o 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.
o The Lokpal must include at least 50% of its members from the SCs, STs, OBCs,
minorities, and women, according to the Act.
o 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?

o 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.”
o 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.”
o 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.
Lokpal Search Committee
o Under the Lokpal Act 2013, DoPT compiles a list of candidates for Lokpal chairperson
and members.
o This list goes to the proposed 8-member search committee to shortlist names.
o The search committee sends the shortlisted names to the selection panel headed by the
PM.
o The selection panel can pick names from the search committee list or not.
o In 2018, a search committee headed by former SC judge Justice Desai was formed.
o The Act mandates all states to establish the Lokayukta office within 1 year of the Act.

Features of Lokayuktas
o Lokayuktas are state-level institutions. They deal with complaints related to corruption
against public functionaries at the state level.
o The Lokayuktas are appointed by the Governor of the state. The appointment process
ensures their independence and impartiality.
o They have jurisdiction over public functionaries in the state. This includes ministers,
MLAs, government officials, and local government representatives.
o The Lokayuktas have powers similar to the Lokpal. This includes the power to receive
complaints, conduct investigations, and recommend action against corrupt officials.
o Lokayuktas promote transparency and accountability in state administration. This is by
addressing corruption-related grievances and suggesting measures for improving governance.
o 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.
o According to a 2023 PRSindia.org article, more than half of India's states have a
Lokayukta. However, the powers of the Lokayukta vary from state to state, and efforts are
underway to make them uniform.
o Here are some states that have a Lokayukta:
- Maharashtra: The first state to establish a Lokayukta in 1972.
- Rajasthan: Has a Lokayukta and Upalokayukta.
- Karnataka: Has a Lokayukta and Upalokayukta.
- Andhra Pradesh: Has a Lokayukta and Upalokayukta.
- Himachal Pradesh: Has a Lokayukta.
- Bihar: Has a Lokayukta.
- Uttar Pradesh: Has a Lokayukta.
Other states that have enacted similar acts include:
Odisha, Madhya Pradesh, Gujarat, Kerala, Tamil Nadu, Delhi.
Punjab and Orissa have designated officials as Lokpal.

Lokpal and Lokayukta Amendment Act, 2016

o Following the adoption of the Lokpal and Lokayukta Act in 2013, Parliament enacted a
bill in July 2016 amending the Lokpal and Lokayukta Act.
o In the absence of a recognised Leader of the Opposition, this change allowed the leader
of the biggest opposition party in the Lok Sabha to become a selection committee member.
o Section 44 of the Lokpal and Lokayukta Act 2013 was also changed by this bill.
 o Section 44 of the Act dealt with the need for each public official to provide information
about his or her assets and liabilities within 30 days of joining the government service.
o 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.
o When a non-governmental organisation 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.
o The bill extended the deadline for trustees and board members to report their assets and
those of their spouses.

Drawbacks of Lokpal and Lokayukta

In the fight against corruption in the Indian Administrative structure, the Lokpal has attempted to
make a positive change but still, there are loopholes and inconsistencies that ought to be
addressed.
 There has been no appointment of a Lokpal since the Lokpal and Lokayukta Act 2013
was passed by Parliament which demonstrates the dearth of political commitment.
 In addition to appointing members belonging to political parties, the Lokpal committee
itself is subject to political influence.
 As a Lokpal appointment is not based on any criteria for deciding who is an eminent
jurist or a person of integrity therefore it can be utilized in a methodical way.
 Lokpal is not a constitutional body, hence, there is no provision to appeal in the Lokpal.