What is Lokayukta?
The Lokayukta is the Indian Parliamentary Ombudsman, executed into power, through and for, each of the State Governments of India.
It is an anti-corruption authority. The object of the Lokayukta system in a state is to make an investigation of grievances, and allegations against public servants.
What is the Origin of Lokpal Institution in India?
The origin of the Lokayukta can be drawn to the Ombudsman in Scandinavian countries.
In India, the Administrative Reforms Commission, (1966-70), had recommended the creation of the Lokpal at the Centre and Lokayukta in the states.
The “India Against Corruption Movement,” led by Anna Hazare, exerted pressure on the United Progressive Alliance (UPA) government at the Centre, resulting in the Lokpal and Lokayuktas Bill, 2013, being passed by both Houses of Parliament. It received the President’s assent on January 1, 2014, and went into effect on January 16, 2014.
Before the passing of the Lokpal and Lokayuktas Act in 2013, several states in India passed laws for creating the Institution of ‘Lokayukta’.
Maharashtra was first in this respect with its Lokayukta body established in 1971.
THE LOKPAL
The Lokpal and Lokayukta Act of 2013 establishes the Lokpal for the Union and the Lokayukta for the States. They act as an “ombudsman” and investigate allegations of corruption against certain public officials, as well as other matters.
What is the Constitution and Structure of Lokapal?
The Lokpal is a multi-member body with one chairperson and up to eight members.
The Lokpal’s Chairman should be either a former Chief Justice of India or a former Supreme Court Judge, or an eminent person of impeccable integrity and exceptional ability with a minimum of 25 years of experience in anti-corruption policy, public administration, vigilance, finance, including insurance and banking, law, and management.
At least half of the maximum eight members will be judicial members, and at least half of the members will be from SC/ ST/ OBC/ Minorities/ Women.
The Lokpal’s judicial member must be a former Supreme Court judge or a former Chief Justice of a High Court.
The non-judicial member should be an eminent person of impeccable integrity and exceptional ability, with special knowledge and expertise in anti-corruption policy, public administration, vigilance, and finance, including insurance and banking, law, and management, with a minimum of 25 years of experience.
The Lokpal Chairman and Members serve for five years or until they reach the age of 70.
On the recommendation of a Selection Committee, the president appoints the members.
The Prime Minister, who chairs the committee, is joined by the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or a Judge nominated by him/her, and one eminent jurist.
A search panel of at least eight people is formed by the selection committee to select the chairperson and members.
What is Lokpal Search Committee ?
The DoPT is required by the Lokpal Act of 2013 to compile a list of candidates interested in serving as Lokpal’s chairperson or members.
This list would then be sent to the proposed eight-member search committee, which would shortlist names and present them to the Prime Minister’s selection panel.
The selection panel has the option of accepting or rejecting names suggested by the search committee.
In September 2018, the government formed a search committee led by Justice Ranjana Prakash Desai, a former Supreme Court judge.
The 2013 Act also mandates that all states establish a Lokayukta office within one year of the Act’s implementation.
What are the powers and jurisdiction of Lokapal?
The jurisdiction of Lokpal includes the Prime Minister, Ministers, members of Parliament, Groups A, B, C, and D officers, and officials of the Central Government.
The jurisdiction of the Lokpal included the Prime Minister except on allegations of corruption relating to international relations, security, public order, atomic energy, and space.
The Lokpal does not have jurisdiction over 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 has been in charge (director/ manager/ secretary) of anybody/ society set up by a central act or any other body financed/ controlled by central government and any other person involved in an act of abetting, bribe giving or bribe-taking.
The Lokpal Act mandates that all public officials should furnish their assets and liabilities of themselves as well as their respective dependents.
It has the power to superintendence over, and to give direction to CBI.
If Lokpal has referred a case to CBI, the investigating officer in such case cannot be transferred without the approval of Lokpal.
The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.
Lokpal has powers to confiscate of assets, proceeds, receipts, and benefits arising or procured by means of corruption in special circumstances.
Lokpal has the power to recommend the transfer or suspension of public servants connected with allegations of corruption.
Lokpal has the power to give directions to prevent the destruction of records during the preliminary inquiry.
Read more: Collective Security Treaty Organization (CSTO)
