Introduction:

The Lokpal, an institution established by the Government of India, holds a crucial role in combating corruption at the highest levels of government. Instituted to address grievances related to corruption and maladministration, the Lokpal serves as an independent ombudsman, empowered to investigate and prosecute cases of corruption involving public servants and elected officials. Since its inception, the Lokpal has been pivotal in ensuring accountability, transparency, and the upholding of ethical standards in governance, playing a vital role in safeguarding the interests of citizens and promoting integrity in public service.

About Lokpal And Lokayukta Act, 2013:

1. Objective: The Act aims to establish institutions of Lokpal at the central level and Lokayukta at the state level to inquire into allegations of corruption against public functionaries.
2. Composition of Lokpal: Lokpal consists of a Chairperson and a maximum of eight members, of which 50% must be judicial members. Members are selected through a transparent and participatory process.
3. Jurisdiction: Lokpal has jurisdiction over all public servants, including the Prime Minister, in cases of corruption.
4. Investigation Powers: Lokpal has the power to conduct preliminary inquiries, full investigations, and prosecution in corruption cases.
5. Whistleblower Protection: The Act provides protection to whistleblowers who expose corruption.
6. Time-bound Inquiries: The Act specifies that authorities must complete inquiries and investigations within a specified time frame.
7. Lokayukta at State Level: Following the same principles as Lokpal at the central level, states must establish Lokayuktas.
8. Amendment and Repeal: The Act amended various laws related to corruption and also repealed the Lokpal and Lokayukta Ordinance, 2013.
9. Transparency and Accountability: The Act emphasizes transparency and accountability in the functioning of Lokpal and Lokayukta institutions.
10. Public Awareness and Participation: The Act encourages public awareness and participation in the fight against corruption by allowing citizens to file complaints with Lokpal.

Features Of Lokpal:

1. Independent Body: Lokpal is an independent statutory body established to address grievances related to corruption and maladministration.
2. Anti-Corruption Authority: It serves as an anti-corruption authority with jurisdiction over all public servants, including the Prime Minister, in cases of corruption.
3. Investigative Powers: Lokpal has the authority to conduct investigations into allegations of corruption against public servants.
4. Prosecution Authority: It can prosecute individuals found guilty of corruption in special courts.
5. Whistleblower Protection: Lokpal provides protection to whistleblowers who expose corruption.
6. Transparency and Accountability: The functioning of Lokpal is transparent, and it is accountable to the public, ensuring integrity in its operations.
7. Jurisdictional Powers: Lokpal’s jurisdiction extends to various sectors and entities, including government bodies, NGOs receiving significant government funding, and private entities connected with corruption cases.
8. Time-bound Inquiries: Lokpal is mandated to complete inquiries and investigations within a specified time frame to ensure swift resolution.
9. Asset Declaration: It mandates public servants to declare their assets and liabilities to ensure transparency.
10. Judicial Representation: Lokpal includes judicial members, ensuring legal expertise in handling corruption cases.

Powers Of Lokpal:

1. Investigative Powers: Lokpal has the authority to conduct investigations into allegations of corruption against public servants.
2. Preliminary Inquiries: Lokpal can initiate preliminary inquiries to assess the merits of complaints before launching a full investigation.
3. Search and Seizure: Lokpal can order search and seizure operations during investigations, including the confiscation of relevant documents and assets.
4. Prosecution: Lokpal is empowered to prosecute individuals found guilty of corruption offenses in special courts.
5. Recommendations for Action: Lokpal can recommend disciplinary action, including dismissal, against public servants found guilty of corruption.
6. Asset Declaration: Lokpal can mandate public servants to declare their assets and liabilities to ensure transparency and accountability.
7. Whistleblower Protection: Lokpal provides protection to whistleblowers who report corruption cases.
8. Jurisdiction:Lokpal’s jurisdiction covers PM, MPs, and public servants, including NGO employees with substantial government funding.
9. Time-bound Inquiries: Lokpal is mandated to complete inquiries and investigations within a specified time frame to ensure swift justice.
10. Independence: Lokpal operates independently of the government, ensuring impartiality and autonomy in its functioning.

These powers collectively empower Lokpal to effectively investigate and prosecute cases of corruption, thereby upholding integrity and accountability in public service.

Functions Of Lokpal:

1. Receiving Complaints: Lokpal accepts complaints of corruption against public servants.
2. Preliminary Inquiry: Conducts preliminary inquiries to determine the veracity of complaints.
3. Full-scale Investigation: Undertakes full-scale investigations into corruption allegations.
4. Prosecution: Prosecutes individuals found guilty of corruption in special courts.
5. Asset Declaration: Mandates public servants to declare their assets and liabilities to ensure transparency.
6. Recommendations: Recommends disciplinary action against guilty public servants, including dismissal.
7. Whistleblower Protection: Provides protection to whistleblowers who expose corruption.
8. Jurisdiction: Has jurisdiction over the Prime Minister, Members of Parliament, and other public servants.
9. Search and Seizure: Can order search and seizure operations during investigations.
10. Time-bound Inquiries: Completes inquiries and investigations within a specified time frame to ensure swift resolution.

Jurisdiction Of Lokpal:

1. Public Servants Covered: Lokpal has jurisdiction over all public servants, including the Prime Minister, in cases of corruption.
2. Scope: Its jurisdiction extends to any act of corruption that falls under the Prevention of Corruption Act, 1988.
3. Investigation Authority: Lokpal can investigate allegations of corruption against public servants, whether serving or retired.
4. Exclusions: Matters related to land acquisition, defense, and national security are excluded from Lokpal’s jurisdiction.
5. State Jurisdiction: While Lokpal operates at the central level, states are required to establish Lokayuktas with similar jurisdictional powers.
6. Whistleblower Protection: Part of its jurisdiction includes providing protection to whistleblowers who expose corruption.
7. Search and Seizure: Lokpal can order search and seizure operations during investigations within its jurisdiction.
8. Prosecution: Lokpal has the authority to prosecute individuals found guilty of corruption in special courts.
9. Asset Declaration: Mandates public servants to declare their assets and liabilities within its jurisdiction to ensure transparency.

Structure Of The Lokpal:

1. Composition: It consists of a Chairperson and a maximum of eight members.
2. Selection Process: Members are selected through a transparent and participatory process, ensuring independence and impartiality.
3. Judicial Representation: At least 50% of its members must be judicial members, ensuring legal expertise in corruption cases.
4. Appointment: A high-level selection committee, comprising the Prime Minister, the Chief Justice of India, the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, and an eminent jurist, makes appointments.
5. Tenure: Members serve for a fixed tenure, ensuring continuity and stability in the functioning of the institution.
6. Independence: It operates independently of the government, ensuring impartiality and autonomy in its functioning.
7. Administrative Support: It is provided with administrative support to carry out its functions effectively.
8. Secretariat: It has its own secretariat to facilitate the processing of complaints and conduct investigations.
9. Transparency: The structure emphasizes transparency in appointments and operations to maintain public trust.
10. Accountability: It is accountable to the public and must adhere to ethical standards in its operations.

These points highlight the organizational framework of Lokpal, designed to enable efficient and impartial handling of corruption allegations against public servants.

Term And Appointment To The Office Of Lokpal:

1. Tenure: The term for Lokpal Chairperson and members is five years or until age 70, whichever comes first.
2. Selection Committee: The Prime Minister, Lok Sabha Speaker, Opposition Leader, Chief Justice of India, or a nominated Supreme Court judge form the selection committee appointing the Chairperson and members.
3. Eminent Jurist: Additionally, an eminent jurist is also part of the selection committee.
4. Selection Process: The selection process is transparent and participatory, ensuring independence and impartiality.
5. Criteria: The selection of candidates for the position of Chairperson and members is based on their integrity, expertise, and experience in matters related to anti-corruption legislation, public administration, vigilance, and law enforcement.
6. Consultation: The selection committee may consult with the incumbent Lokpal or other authorities as deemed necessary before making appointments.
7. Terms of Reappointment: Members of Lokpal are not eligible for reappointment after completing their term of office.
8. Resignation and Removal: Members may resign from their position by submitting their resignation to the President of India. They can also be removed from office by the President on grounds of misbehaviour or incapacity, based on the recommendation of the Supreme Court.

These points outline the process and conditions governing the term and appointment to the office of Lokpal, ensuring integrity and independence in its functioning.

Selection Procedure Of Lokpal:

1. High-Level Selection Committee: The selection of the Chairperson and members of Lokpal is conducted by a high-level committee.
2. Committee Composition: The committee includes the Prime Minister, the Lok Sabha Speaker, the Opposition Leader, the Chief Justice of India or a nominated Supreme Court judge, and an eminent jurist.
3. Transparent Process: The selection process is transparent and participatory, ensuring fairness and credibility.
4. Criteria: The selection committee chooses candidates based on integrity, expertise, and experience in anti-corruption legislation and related fields.
5. Consultation: The selection committee may consult with the incumbent it or other authorities as deemed necessary before making appointments.
6. Appointment Procedure: Upon reaching a consensus, the committee recommends the candidates for appointment to the President of India.
7. Term and Tenure: The term of office for the Chairperson and members is five years or until the age of 70, whichever is earlier.
8. Reappointment: Members are not eligible for reappointment after completing their term.
9. Resignation and Removal: Members can resign by submitting to the President, and the Supreme Court may recommend their removal for misbehavior or incapacity.
10. Independence and Impartiality: The selection process ensures the independence and impartiality of its members, crucial for effective anti-corruption measures.

These points highlight the structured and rigorous selection procedure designed to ensure the credibility and effectiveness of Lokpal in combating corruption.

Lokpal Search Committee:

1. Purpose: The Lokpal Search Committee is tasked with recommending potential candidates for the position of Chairperson and members of it.
2. Constitution: The Committee is formed under the Lokpal and Lokayuktas Act, 2013..
3. Responsibilities: The Committee solicits applications, shortlists candidates, conducts interviews, and recommends candidates to the high-level selection committee.
4. Transparency: The Committee operates transparently, ensuring fairness and credibility in the selection process.
5. Timeline: The Committee must complete its recommendations within a specified timeframe, contributing to the timely appointment of itsmembers.
6. Consultation: The Committee may consult with relevant stakeholders, experts, and incumbent its members to gather insights during the selection process.
7. Criteria: The selection committee evaluates candidates based on their integrity, expertise, and experience in anti-corruption legislation and related fields.
8. Recommendations: The Committee submits a panel of recommended candidates to the high-level selection committee for final consideration and appointment.
9. Independence: The Committee operates independently to ensure the credibility and effectiveness of the Lokpal institution in combating corruption.

Lokpal And Lokayukta Amendment Act, 2016:

1. Amendment Objective: The Act aimed to amend the Lokpal and Lokayukta Act, 2013, for enhanced functioning of these institutions.
2. Extension of Time for Filing Declarations: The amendment extended the timeline for public servants to file declarations of their assets and liabilities from July 31 to October 31 every year.
3. Exemption for NGOs: NGOs receiving government funding were exempted from disclosing assets and liabilities under the Act.
4. Enhanced Penalty: The Act increased the penalty for non-compliance with the provisions of asset declaration by public servants.
5. Modification in the Selection Committee: The amendment modified the composition of the high-level selection committee responsible for appointing the Lokpal. It included the Speaker of the Lok Sabha, the Chief Justice of India or a Supreme Court judge nominated by the Chief Justice, an eminent jurist, and the Prime Minister.
6. State Lokayuktas: The Act established Lokayuktas at the state level, ensuring a comprehensive approach to combat corruption at both central and state levels.
7. Removal Process: The Act details removal procedures for Lokpal or Lokayukta members based on Supreme Court recommendations due to misbehavior or incapacity.
8. Cognizance of Offences: Empowered, Lokpal investigates corruption complaints against public servants after a preliminary inquiry, ensuring prompt action.
9. Enhanced Jurisdiction: The amendment broadened Lokpal’s jurisdiction to cover officials of NGOs receiving substantial government funding, widening its anti-corruption scope.
10. Strengthening Anti-Corruption Measures: The 2016 Amendment aimed to strengthen anti-corruption measures and promote transparency in central and state governance.

Conclusion:

In conclusion, Lokpal stands as a pivotal institution in India’s fight against corruption, embodying transparency, accountability, and integrity in public administration. With its independent investigative and prosecutorial powers, Lokpal serves as a beacon of hope for citizens seeking justice and ethical governance. Despite facing challenges and criticisms, Lokpal continues to play an instrumental role in upholding democratic values and ensuring accountability among those in power for their actions, thereby fostering a more equitable and trustworthy society.

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