LOKPAL

MOHIT BANSAL
 • The success of democracy and the realisation of socio-
economic development depends on the extent to which the
citizens’ grievances are redressed.
 • The earliest democratic institution created in the world for the
redressal of citizens’ grievance is the Scandinavian institution of
Ombudsman.
 • The institution of Ombudsman was first created in Sweden in
1809. ‘Ombud’ is a Swedish term and refers to a person who acts
as the representative or spokesman of another person.
 • THE SWEDISH OMBUDSMAN DEALS WITH
THE CITIZENS’ GRIEVANCES IN THE
FOLLOWING MATTERS:
➢ Abuse of administrative discretion, that is, misuse of
official power and authority
➢ Maladministration, that is, inefficiency in achieving
the targets
➢ Administrative corruption, that is, demanding bribery
for doing things
 Nepotism, that is supporting one’s own kith and kin in matters
like providing employment
 ➢ Discourtesy, that is, misbehaviour of various kinds, for
instance, use of abusive language.
 ➢ The Swedish Ombudsman is appointed by the Parliament for
a term of four years and can be removed only by the Parliament
on ground of its loss of confidence in him.
 ➢ 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.
o Independence of action from the executive
o Impartial and objective investigation of
complaints
o Suo moto power to start investigations
 o Uninterrupted access to all the files of administration
 o Right to report to the Parliament as opposed to the executive;
 o Wide publicity given to its working in press and other media
 o Direct, simple, informal, cheap and speedy method of
handling complaints
 • From Sweden, the institution of Ombudsman spread to other
Scandinavian countries– Finland (1919), Denmark (1955) and Norway
(1962).
 • New Zealand is the first Commonwealth Country to adopt Ombudsman
in 1962.
 • Later UK adopted the ombudsman in 1967
 • Since then, more than 40 counties of the world have adopted
Ombudsman-like institutions with different nomenclature and functions.
 BACKGROUND

 • In 1809, the institution of ombudsman was inaugurated officially in

Sweden.
 • 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 term Lokpal and Lokayukta were coined by Dr. L. M. Singhvi.
 • In 1966, the First Administrative Reforms Commission recommended
the setting up of two independent authorities- at the central and state
level, to look into complaints against public functionaries, including MPs.
 • In 2005, the Second Administrative Reforms Commission chaired by
Veerappa Moily recommended that the office of Lokpal should be
established without delay.
 • “India Against Corruption movement" led by Anna Hazare put pressure
on the UPA govt. at the Centre and resulted in the passing of the Lokpal
and Lokayuktas Bill, 2013, in both the Houses of Parliament.
 • It received assent from President on 1 January 2014 and came into force
on 16 January 2014.
.
 • The institution of ombudsman is based on the “Doctrine of Administrative
Accountability to Legislature”
• 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.
 WHO CANNOT BECOME THE CHAIRPERSON?

 MPs and MLAs Persons convicted of any offense involving moral

turpitude
 A person who was removed or dismissed from the public
service,
 A person who holds any office of trust / profit; if so, he would
need to resign from Lokpal.
 A person who is affiliated to a political party
 Carries on some business / profession; if so, he would need to
quit some business.
• 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.
 • A search committee which recommends a panel of names to
the high-power selection committee.
 • The members are appointed by the president on the
recommendation of a Selection Committee.
 The search committee is headed by former apex court judge
Ranjana Prakash Desai.
 OTHER MEMBERS OF THE SEARCH
COMMITTEE ARE
former chief of State Bank of India Arundhati
Bhattacharya, Prasar Bharati chairperson A Surya
Prakash, Indian Space Research Organisation head A S
Kiran Kumar, former judge of Allahabad High Court
Sakha Ram Singh Yadav, former Gujarat Police head
Shabbirhusein S Khandwawala, retired IAS officer of
Rajasthan cadre Lalit K Panwar, and former Solicitor
General Ranjit Kumar.
 SELECTION COMMITTEE

1 Prime Minister who is the Chairperson;

2 Speaker of Lok Sabha
3 Leader of Opposition in Lok Sabha
4 Chief Justice of India or a Judge nominated by him/her
5 One eminent jurist
 FIRST LOKPAL OF INDIA:

 • Former Supreme Court judge and a member of the National

Human Rights Commission (NHRC), Pinaki Chandra Ghose, is
India’s first anti-corruption ombudsman, or Lokpal, after his
name was cleared and recommended by the high-level selection
committee chaired by Prime Minister.
 selection committee members comprising Prime Minister
Narendra Modi, the then CJI Dipak Misra, Lok Sabha Speaker
Sumitra Mahajan and eminent jurist Mukul Rohatgi
 Upon the recommendation of the Selection Committee under
section 4(1) of the Lokpal and Lokayuktas Act, 2013, the
President of India appointed the Chairperson and eight
Members (including four judicial Members) by warrant under his
hand and seal on 19th March, 2019.
 Chairperson and Members have assumed charge of their
respective positions respectively on 23rd March, 2019 and 27th
March, 2019.
 • The Salary allowances and other conditions of service of the
chairperson and members are equivalent to that of Chief Justice
of India and Judge of the Supreme Court respectively.
• They are not eligible for reappointment, cannot hold
any constitutional or governmental office.
• They cannot contest any elections for a period of 5
years.
 REMOVAL

Lokpal members can be removed by the President

after the inquiry by a committee consists of CJI and
2 senior most SC judges.
 • JURISDICTION OF THE LOKPAL
INCLUDED
 the Prime Minister
a Minister in the Union government,
 Member of Parliament
officials of the Union Government under Groups A,
B, C and D
 Former Deputy Speaker of Punjab Assembly, Bir Devinder Singh, on
Thursday filed a plea before the state Lokayukta against Industries
Minister, Sunder Sham Arora, for his complicit involvement in auctioning
31 acres of prime land of liquidated JCT Electronics in Mohali to a private
realtor, GRG Developers, last year.
 This is the first complaint that has been made against a sitting minister to
Lokyayukta, Justice Vinod Kumar Sharma (retired).
 Lokpal received 30 complaints against senior central government officials
between April and July this year,
 11 complaints were closed after preliminary examination, preliminary
inquiry was ordered in seven complaints, status report was sought in one
complaint and comments were sought in another.
 The Lokpal has sought additional information from the complainants in
three complaints, it stated. A preliminary inquiry report from Central
Bureau of Investigation (CBI) is pending in three complaints,
 • Its jurisdiction also includes 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.
. It also covers any society or trust or body that receives
foreign contribution above ₹10 lakh
• It has the powers to superintendence over, and to give
direction to CBI.
 LOKPAL DOES NOT HAVE JURISDICTION

over Ministers and MPs in the matter of anything said in

Parliament or a vote given there.
COMPETENT AUTHORITY
 • IT 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 it.
 • 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.
 • 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.
• With respect to Central Government Servants, it may
refer cases to the Central Vigilance Commission.
 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.
The Inquiry Wing or any other agency will have to
complete its preliminary inquiry and submit a report to
the Lokpal within 60 days.
It has to seek comments from both the public servant
and "the competent authority",before submitting its
report. There will be a "competent authority" for each
category of public servant as defined under the Act.
The preliminary inquiry should normally be completed
within 90 days of receipt of the complaint.
 A Lokpal Bench shall consider the preliminary inquiry report,
and after giving an opportunity to the public servant accused of
corruption for his/her defence, decide whether it should proceed
with the investigation.
 It can order a full investigation, or direct to start departmental
proceedings or close the proceedings. It may also proceed
against the complainant if the allegation is false.
 After the investigation, the agency ordered to conduct the
probe has to file its investigation report in the court of
appropriate jurisdiction, and a copy of the report has to be filed
before the Lokpal.
 A Lokpal Bench of at least three members will consider the
report and may grant sanction to the Prosecution Wing to
proceed against the public servant based on the agency’s
charge-sheet. It may also ask the competent authority to take
departmental action or direct the closure of the report.
Previously, the authority vested with the power to
appoint or dismiss a public servant was the one to grant
sanction under Section 197 of the Code of Criminal
Procedure and Section 19 of the Prevention of Corruption
Act. Now this power will be exercised by the Lokpal.
The lokpal is vested with the power of search and seizure
and also powers under the Civil Procedure Code for the
purpose of conductiong preliminary inquiry &
investigation and power of attachment of assets and
taking other steps for eradication of corruption.
 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.
 whoever makes any false and frivolous or vexatious complaint
under this Act shall, on conviction, be punished with
imprisonment for a term which may extend to one year and
with fine which may extend to one lakh rupees.
 BASICS AND BACKGROUND:

 • Even much before the enactment of the Lokpal and

Lokayuktas Act (2013) itself, many states had already set up the
institution of Lokayuktas.
 • The institution of Lokayukta was established first in
Maharashtra in 1971
 • TILL 2013

 21 states and 1 Union Territory (Delhi) have established the

institution of Lokyuktas.
 THE STRUCTURE OF THE LOKAYUKTA IS
NOT UNIFORM IN ALL THE STATES.
•
 • Some States like Rajasthan, Karnataka, Andhra Pradesh and
Maharashtra have created the lokayukta as well as upa-
lokayukta, while some others like Bihar, Uttar Pradesh and
Himachal Pradesh have created only the lokayukta.
 APPOINTMENT:

The lokayukta and upa-lokayukta are appointed by the

Governor of the state after consulting Chief Justice of
High Court and leader of the opposition party.
 QUALIFICATION

States like Uttar Pradesh, Himachal Pradesh, Andhra

Pradesh, Gujarat, Orissa, Karnataka and Assam
prescribed for judicial qualifications, while Bihar,
Maharashtra and Rajasthan have no such qualifications.
 JURISDICTION:

• There is no uniformity regarding the jurisdiction

of lokayukta in all the states.
• The chief minister is included within the jurisdiction of
Lokayukta in the states of Himachal Pradesh, Andhra
Pradesh, Madhya Pradesh and Gujarat, while he is
excluded from the purview of lokayukta in the states of
Maharashtra, Uttar Pradesh, Rajasthan, Bihar and
Orissa.
• Ministers and higher civil servants are included in the
purview of lokayukta in almost all the states.
Maharashtra has also included former ministers and civil
 • Members of state legislatures are included in the purview of
lokayukta in the States of Andhra Pradesh, Himachal Pradesh,
Gujarat, Uttar Pradesh and Assam.
 • The authorities of the local bodies, corporations, companies
and societies are included in the jurisdiction of the lokayukta in
most of the states.
 • The lokayukta presents, annually, to the governor of the state
a consolidated report on his performance
 • He takes the help of the state investigating agencies for
conducting inquiries.
 • He can call for relevant files and documents from the state
government departments.
 • The recommendations made by the lokayukta are only
advisory and not binding on the state government.
• The Bill amends the Lokpal and Lokayuktas
Act, 2013 in relation to the declaration of
assets and liabilities by public servants.
• The Lokpal Act requires a public servant to declare his
assets and liabilities, and that of his spouse and
dependent children. Such declarations must be made to
the competent authority within 30 days of entering the
office.
 • The Bill replaces these provisions to state that a public servant
will be required to declare his assets and liabilities. However,
the form and manner of making such a declaration will be
prescribed by the central government.
 • It has a wide jurisdiction including Prime Minister of the
country.
 • It empowers citizens to complain to the Lokpal against
corruption by public officials, thus Lokpal is a powerful tool for
citizens to hold authorities accountable.
 • It is applicable to public servants in and outside India. This
indicates that Act has extraterritorial operation.
 • Special courts and clear timelines at each stage can ensure
that investigation is completed in time bound manner.
 • Provisions for prosecution and punishment for filing false and
frivolous or vexatious complaint will ensure that Lokpal is not
misused for political gains or to settle other scores.
 • Lokpal can issue directions to agencies in India like CBI, CVC
while investigating, and prosecuting cases under the direction
of Lokpal. This ensures independent functioning free from
government interference.
 Complaints received by Lokpal nosedived 92% from 1,427 in
2019-20 to 110 in 2020-21 but its total expenditure fell only 17%
in the corresponding period despite the Covid pandemic, thanks
to the fixed administrative bill. Interestingly, only 30 complaints
have been received so far in 2021-22.
 Lokpal’s total expenditure fell from Rs 16.40 crore in 2019-20 to
Rs 13.57 crore in 2020-21.
 The expenditure by Lokpal’s office on salaries grew from around
Rs 2.94 crore in 2019-20 to Rs 4.76 crore in 2020-21, on wages
from Rs 4.07 lakh to Rs 9 lakh, on medical treatment from Rs
6.77 lakh to Rs 12.43 lakh and on professional services from Rs
12.45 lakh to Rs 33.17 lakh. As on August 21, 2021, two dozen
officers and staff are working in the Lokpal of India.
 "It is mentioned that there is no provision in the Lokpal and
Lokayuktas Act, 2013 for appeal, review or reconsideration of an
order passed by a bench of the Lokpal of India. It is herby
informed to all concerned that no appeal or request for
review/reconsideration of an order will be entertained by the
Lokpal of India,"
 Anti-corruption ombudsman Lokpal has written to the Central
government for the appointment of the directors of inquiry and
prosecution, two top personnel for looking into complaints of corruption
and processing the prosecution of guilty public servants,
 The Lokpal and Lokayuktas Act, 2013 says that "there shall be a Director
of Inquiry and a Director of Prosecution not below the rank of Additional
Secretary to the Government of India or equivalent, who shall be
appointed by the chairperson from a panel of names sent by the central
government."
 The Director of Prosecution shall, after having been so directed by the
Lokpal, file a case in accordance with the findings of investigation report,
before the special court and take all necessary steps in respect of the
prosecution of public servants in relation to any offence punishable under
the Prevention of Corruption Act, 1988, says the Lokpal Act.
 The Lokpal shall also constitute an Inquiry Wing headed by the Director
of Inquiry for the purpose of conducting preliminary inquiry into any
offence alleged to have been committed by a public servant punishable
under the Prevention of Corruption Act, 1988, according to the law.
 In terms of Section 48 of the said Act, the Lokpal is
required to present annually to the President a report on
the work done by it, which is caused to be laid in both
the Houses of the Parliament,”
“No such report has been laid
 • Requirement of Government Approval: The Act does not vest
power of prior sanction with Lokpal for enquiry and
investigation of government officials.
 • Timeframe limitation: The Act envisages that the Lokpal shall
not inquire into any complaint, made after seven years from the
date on which the offence has been committed. This restricts
the scope, especially in relation to some of the large and
complex scams that are exposed from time to time.
 • NO SUO MOTO POWER WITH LOKPAL:

 The Lokpal has been deprived of the authority of taking

suo moto cognizance of the cases of corruption and
maladministration.
 • CONSTITUTION OF LOKAYUKTA:

 Act mandates establishment of the Lokayukta in every

state within a period of one year from the date of
commencement of this Act. However, there are many
states who have not taken action in this regard.
 POWER AND JURISDICTION OF THE
LOKAYUKTAS IN STATES:
 State legislatures are free to determine the powers and
jurisdictions of the Lokayukta which may establish weak
Lokayuktas.
• There was an unjustified delay of 5 years in appointing
Lokpal, which shows the lack of political will.
 Lokpal is not free from political influence as the
appointing committee itself consists of members from
political parties.
• There are vague terms like ‘eminent jurist’ or ‘a person
of integrity’ which are not properly defined and can be
manipulated.
• The Judiciary is excluded from the ambit of
Lokpal.
armed forces do not come under the ambit of
Lokpal.
• The Lokpal has not been given any constitutional
backing.
• 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.
 • They should be demonstratively independent and impartial.
 • Their investigations and proceedings should be conducted in
private and should be informal in character.
 • Their appointment should be, as far as possible, non-political.
 • Their status should compare with the highest judicial
functionaries in the country.
 • They should deal with matters in the discretionary field
involving acts of injustice, corruption or favouritism.
 • Their proceedings should not be subject to judicial
interference.
 • They should have the maximum latitude and powers in
obtaining information relevant to their duties.
 • They should not look forward to any benefit or pecuniary
advantage from the executive government.
 • Lokpal can be given constitutional status to make it truly
independent of political intervention.
 • Some changes need to be made, such as ‘leader of opposition’
criteria.
 • Delays in appointments should be avoided. Also, the
Lokayuktas in States should also be appointed without any
delay.
 • Implementation of the law needs to be foolproof, which will
ultimately determine the success of the institution.
 MAQ

 Almost six years after the Lokpal and Lokayukta Act, 2013 not much progress has
been made in implementing various provisions of the act. Examine. Also discuss
various issues involved in the functioning of lokpal.
 The Lokpal and Lokayukta Act was enacted in 2013 and came into force in 2014.
Almost six years after the Lokpal and Lokayuktas Act, 2013, was signed into law,
several key provisions needed for the anti-corruption ombudsman to function have
still not been operationalised.
 POOR PROGRESS SO FAR:

 It took more than five years later in 2019 that the first chairperson and members of the Lokpal
were appointed.
 The process of constituting the Lokpal’s inquiry and prosecution wings has not yet begun,
and regulations for how to conduct preliminary investigations have not been made.
 The institution is still functioning out of a government-owned hotel in Delhi.
 The Lokpal has also not yet notified a format for filing complaints. 6 years later, Lokpal is yet
to get prosecution wing.
 While it approved a logo and motto for itself last month, the Lokpal has not yet notified a
format for filing complaints. Despite that obstacle, 1,065 complaints were sent to the Lokpal
office.
 The process of constitution of Inquiry Wing of Lokpal is yet to be initiated in consultation with
the government of India.
 The rules for the disclosure of assets and liabilities by public servants have not been notified
either.
 THE ISSUES ASSOCIATED WITH LOKPAL
FUNCTIONING:
 Delay in the appointment of Lokpal due to the legal technicalities and lack of political
will is a major issue.
 The Selection committee and the issue of Leader of Opposition is still lingering and
the recent selection of Lokpal didn’t have the views of the opposition party, which is
against democratic principles.
 The Act prohibits Lokpal inquiry if the allegations against the PM in certain
circumstances. Thus, Lokpal do not have full authority to investigate PM.
 Also, complaints against the PM are not to be probed unless the full Lokpal bench
considers the initiation of an inquiry and at least two-thirds of the members approve
it.
 There is not much protection provided for whistleblower in the Lokpal Act, 2013.
 All the cases of corruption in which high officials are involved go to the CBI. Lokpal do
not have complete control. This is a major issue which dilutes the independence of
Lokpal.
 Through an amendment in 2016, the government has done away with the statutory
requirement of public disclosure of the assets of public servants’ spouses and
dependent children. The vesting of the power of prior sanction with Lokpal has been
almost nullified with amendments in Prevention of Corruption Act which strengthen
the requirement to seek the government’s permission.
 Judiciary is totally excluded from the ambit of Lokpal. Thus there is no chance to hold
the judiciary accountable.
 The establishment of Lokayukta and any appointment falls within the domain of the
States, which is being delayed by the state due to lack of political will.
 WAY FORWARD:

 There is a need for a mechanism that provides for simple, independent, speedy
means of delivering justice by redressing the grievances of the people without
succumbing to the clutches of the executive.
 The jurisdictions must be clear so that there is no overlap in the powers.
 Any new piece of legislation even when implemented becomes lengthy and time
consuming and stretched over years.
 The Administrative Reforms Commission (ARC) recommended the enacting of the
Office of a Lokpal, convinced that such an institution was justified not only for
removing the sense of injustice from the minds of citizens, but also to instil public
confidence in the efficiency of the administrative machinery.
 Looking at the low ranking of India in Corruption on global level, there is a need to
check the corruption by strong institutions. Creation of the institution of Lokpal and
Lokayuktas by forming its members to function has come up as a welcome step. But
progress made so far after the enacting act is not good. Lokpal shall function
independently of any political influence so that a proper system of checks-and -
balance is maintained in the federal and democratic system of India.