LOKPAL

The word "Lokpal" is derived from the sanskrit word "loka" meaning people and "pala" meaning
protector or caretaker. Together it means "protector of people". The aim of passing such a law is it to
eradicate corruption at all levels of the Indian polity. For a nation to develop it needs to have an
extremely well organized and meticulously planned organization. A failure of the administrative set
up reflects on the holistic growth of the state, the biggest reason for the failure of the administration
can be attributed to the ill effects of corruption. The growth of the country has been plagued by
corruption and it has extended its wings through out the entire administrative set up. To root out the
menace of corruption the institution of "ombudsman" came up and has played a great role in fighting
administrative malpractices.

Historical Background
The institution of ombudsman originated in scandinavian countries. The institution of ombudsman
first came into being in sweden in 1713 when a "chancellor of justice" was appointed by the king to
act as an invigilator to look into the functioning of a war time government. From 1713 the duty of this
ombudsman was to mainly ensure the correct conduct of royal officials. The institution of the
ombudsman was firmly incorporated into the Swedish constitution from 1809.
It was defined as the parliamentary body supervising judges, government and other officials, and
ensuring their compliance with laws and other legal regulations.
The embedding of the ombudsman in the constitution was completed by a further law specifying in
greater detail the scope of his activities and his legal authority.The institution of the ombudsman
developed and grew most significantly in the 20th century. Ombudsman institutions were on the
increase especially in the period after the Second World War when almost a hundred of them were
established. The institutions took varied forms and modifications depending on the historical, political
and social background of the given country.
In India the ombudsman is known as lokpal or lokayukata.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 as the indian model of ombudsman for the
redressal of public grievances,it was passed in loksabha In the year 1968 but it was lapsed with
dissolution of lok sabha and since then has lapsed in the lok sabha many times.

Need For Lokpal

There are several deficiencies in our anti-corruption systems because of which despite
overwhelming evidence against the corrupt, no honest investigation and prosecution takes place and
the corrupt are hardly punished. The whole anti-corruption set up ends up protecting the corrupt.

1) Lack of Independence Most of our agencies like CBI, state vigilance departments, internal
vigilance wings of various departments, Anti-corruption Branch of state police etc are not
independent. In many cases, they have to report to the same people who are either themselves
accused or are likely to be influenced by the accused.

2) Powerless Some bodies like CVC or Lokayuktas are independent, but they do not have any
powers. They have been made advisory bodies. They give two kinds of advise to the governments –
to either impose departmental penalties on any officer or to prosecute him in court. Experience
shows that whenever any minister or a senior officer is involved, their advice is rarely followed.

3) Lack of Transparency and internal accountability In addition, there is the problem of internal
transparency and accountability of these anti-corruption agencies. Presently, there isn’t any separate
and effective mechanism to check if the staff of these anti-corruption agencies turns corrupt. That is
why, despite so many agencies, corrupt people rarely go to jail. Corruption has become a high profit
zero risk business. There is absolutely no deterrence against corruption.

Lokpal and Lokayukta Act, 2013

The Lokpal and Lokayukta Act, 2013 seeks to provide for the establishment of Lokpal for the Union
and Lokayukta for States to inquire into allegations of corruption against certain public functionaries

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and for related matters. The act extends to whole of India, including Jammu & Kashmir and is
applicable to "public servants" within and outside India. The act mandates for creation of Lokpal for
Union and Lokayukta for states. The Bill was tabled in the Lok Sabha on 22 December 2011 and
was passed by the House on 27 December as The Lokpal and Lokayuktas Bill, 2011. It was
subsequently tabled in the Rajya Sabha on 29 December. After a marathon debate that stretched
until midnight of the following day, the vote failed to take place for lack of time. On 21 May 2012, it
was referred to a Select Committee of the Rajya Sabha for consideration. It was passed in the Rajya
Sabha on 17 December 2013 after making certain amendments to the earlier Bill and in the Lok
Sabha the next day. It received assent from President Pranab Mukherjee on 1 January 2014 and
came into force from 16 January.
Structure of lokpal
The institution of Lokpal is a statutory body without any constitutional backing. Lokpal is a
multimember body, made up of one chairperson and maximum of 8 members.The person who is to
be appointed as the 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. Minimum fifty per cent of the
Members will be from SC / ST / OBC / Minorities and women. The judicial member of the Lokpal
should be either a former Judge of the Supreme Court or a former Chief Justice of a High Court. The
non-judicial member should be 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. The members are appointed by the president on the recommendation of a selection
committee. The selection committee is composed of the Prime Minister who is the Chairperson;
Speaker of Lok Sabha ,Leader of Opposition in Lok Sabha ,Chief Justice of India or a Judge
nominated by him / her, and One eminent jurist.

Jurisdiction of lokpal
The jurisdiction of the Lokpal will include the Prime Minister except on allegations of corruption
relating to international relations, security, the public order, atomic energy and space and unless a
Full Bench ofthe Lokpal and at least two-thirds of members approve an inquiry. It will be held in-
camera and if the Lokpal so desires, the records of the inquiry will not be published or made
available t anyone. The Lokpal will also have jurisdiction over Ministers and MPs but not in the
matter of anything said in Parliament or a vote given there. Lokpal’s jurisdiction will cover all
categories of public servants.

Group A, B, C or D officers defined as such under the Prevention of Corruption Act, 1988 will be
covered under the Lokpal but any corruption complaint against Group A and B officers, after inquiry,
will come to the Lokpal. However, in the case of Group C and D officers, the Chief Vigilance
Commissioner will investigate and report to the Lokpal. However, it provides adequate protection for
honest and upright Public Servants.Also 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.

Salient features of The Lokpal and Lokayuktas Act, 2013

1) The Lokpal and Lokayuktas Act, 2013 provided for Lokpal at the centre having jurisdiction of
trying cases of corruption against all Members of Parliament and central government
employees. The Lokayuktas have functions similar to the Lokpal, but they function on a state
level.
2) The office of the Lokpal and Lokayuktas deals with charges of corruption against any public
official and includes the office of the prime minister of the court but with reasonable
safeguards. Both the Lokpal and the Lokayukta deal with charges of corruption against the
government and its employees, in fact they even conduct investigations and based on the
findings from such investigations they conduct trials.
3) The act lays down the provision to set up a Lokayukta and its set of powers for each state
without clearly defining the extent of the same, this has led to various different Lokayuktas
being setup, some with more power than the others. In order to create uniformity a proposal
to implement the Lokayukta uniformly across Indian states has been made. The Act provides
that all states set up office of the Lokpal and/or Lokayukta within one year from the
commencement of the said Act.On the other hand, Lokpal will consist of a chairperson and a
maximum of eight members, of which 50% will be judicial members, 50% members of Lokpal
shall be from SC/ST/OBCs, minorities and women.

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 4) The newly enacted Lokpal Act provides for confiscation and attachment of any property of
any government official which he or she has come to own through corrupt practices and the
same can be done during pendency of proceedings against the said official.
5) The Lokpal Act mandates that all public officials should furnish the assets and liabilities of
themselves as well as their respective dependents. In fact the said Act even guarantees
protection to anygovernment official who acts as a whistle blower and as an ancillary a
Whistle Blowers Protection Act has also been enacted.

Powers of lokpal
It has powers to superintendence over, and to give direction to CBI.
2) If it has referred a case to CBI, the investigating officer in such case cannot be transferred without
approval of Lokpal.
3) Powers to authorize CBI for search and seizure operations connected to such case.
4) The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.
5) Lokpal has powers of confiscation of assets, proceeds, receipts and benefits arisen or procured
by means of corruption in special circumstances.

6)Lokpal has the power to recommend transfer or suspension of public servant connected with
allegation of corruption.

7)Lokpal has power to give directions to prevent destruction of records during preliminary inquiry.

Conclusion
The institution of lokpal has been a land mark move in the history of Indian polity, The lokpal and
lokayukta act 2013 has offered a productive solution to combat the never ending menace of
corruption.

The institution of lokpal has tried to bring a much needed change in the battle against corruption in
the administrative structure of India but at the same time there are loopholes and lacunae which
need to be corrected. Firstly it is not free from political influence as the appointing committee itself
consist of  parliamentarians There is no criteria to decide who is an ‘eminent jurist’ or ‘a person of
integrity.’ Thus, this appointment can easily be manipulated. Further, the act provides no concrete
immunity to the whistle blowers. The provision for initiation of inquiry against the complainant if the
accused is found innocent will only discourage people from complaining. Also, there is no foolproof
way to determine whether the person who is appointed as the Lokpal will remain honest throughout.

The biggest lacuna is the exclusion of judiciary from the ambit of the Lokpal. The Lokpal is also not
given a constitutional backing. There are no adequate provisions for appeal against the Lokpal. The
powers, composition and scope of Lokayuktas do not find any mention of the act. There is a long
way to go to  ensure transparency and crusade against corruption are still on and yet to reach its
destination.

Table of Contents
 Introduction
 What are Lokpal and Lokayuktas?
 Origin and History
Lokpal and Lokayukta Amendment Act, 2016
 Structure of the Lokpal 
Term and appointment to the office of Lokpal
 Lokpal search committee
 Jurisdiction and powers of Lokpal
 Limitations
 Conclusion

Introduction
Maladministration is like a termite that slowly erodes the foundation of a nation. It
hinders administration from completing its task. Corruption is the root cause of
this problem that our country faces. Though there are many anti-corruption
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agencies in India, most of these anti-corruption agencies are hardly independent.
Even the CBI  has been termed as a “caged parrot” and “its master’s voice” by
the Supreme Court of India.

Many of these agencies are only advisory bodies with no effective powers to deal
with this evil of corruption and their advice is rarely followed. There also exists
the problem of internal transparency and accountability. Moreover, there is not
any effective and separate mechanism to maintain checks on such agencies.

In this context, an independent institution of Lokpal and Lokayukta has been a

landmark move in the history of Indian polity which offered a solution to the
never-ending menace of corruption. It provides a powerful and effective measure
to counter corruption at all levels of the government.

What are Lokpal and Lokayuktas?

The Lokpal and Lokayukta Act, 2013 mandated for the establishment of Lokpal at
the Union level and Lokayukta at the State level. Lokpal and Lokayuktas are
statutory bodies and these do not have any constitutional status. These
institutions perform the function and role of an “Ombudsman” (an official
appointed to investigate individuals’ complaints against a company or
organization, especially a public authority). They inquire into allegations of
corruption against certain public bodies/organizations and for other related
matters.

Origin and History

The story of the Lokpal and the Lokayukta has a long story. Lokpal and
Lokayukta is not Indian origin concept. The concept of ombudsman originated in
1809 with the official inauguration of the institution of Ombudsman in Sweden.
Later in the 20th century, after the Second World War, the institution of
ombudsman developed and grew most significantly. Countries like New Zealand
and Norway also adopted the system of ombudsman in the year 1962. This
system proved extremely significant in spreading the concept of ombudsman to
other countries across the globe.

Great Britain adopted the institution of the Ombudsman in the year 1967, on the
recommendations of the Whyatt Report of 1961. Through the adoption of such a
system, Great Britain became the first eminent nation in the democratic world to
have such an anti-corruption institution. After great Britain, Guyana emerged as
the first developing nation to adopt the concept of the ombudsman in the year
1966. Subsequently, this concept was further adopted by Mauritius, Singapore,
Malaysia, and India as well.

In India, the former law minister Ashok Kumar Sen became the first Indian to
propose the concept of constitutional Ombudsman in Parliament in the early
1960s. Further, Dr. L. M. Singhvi coined the term Lokpal and Lokayukta. Later in
the year 1966, the First Administrative Reform Commission passed
recommendations regarding the setting up of two independent authorities at the
central and at the state level. According to the commission’s recommendation,
the two independent authorities were appointed to look into complaints against
public functionaries, including members of Parliament as well.

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After the recommendations from the commission, the Lokpal bill was passed in
Lok Sabha in 1968 but lapsed due to the dissolution of Lok Sabha. Since then,
the bill was introduced many times in Lok Sabha but has lapsed. Till 2011 as
many as eight attempts were made to pass the Bill, but each of them failed.

Before 2011, a commission, headed by M.N. Venkatachaliah, was also set up, in
the year 2002 to review the working of the Constitution. This Commission
recommended the appointment of the Lokpal and Lokayuktas. The commission
also recommended that the Prime Minister ought to be kept out of the ambit of
the Lokpal. Later in 2005, the Second Administrative Reforms
Commission chaired by Veerappa Moily came up with the recommendation that
the office of Lokpal needs to be established without delay.

Though all these recommendations were never given the due preference, the
government in 2011 formed a Group of Ministers, chaired by the former
President Pranab Mukherjee. These groups of ministers worked to examine the
proposal of a Lokpal Bill and to suggest measures to tackle corruption. 

Not only the administration and the government but even the people of India felt
the need for such a system to be introduced into the Indian governance system.
India rose into a nationwide protest for Lokpal. The “India Against Corruption”
movement was led by Anna Hazare to exert pressure on the United Progressive
Alliance (UPA) government at the Centre. 

The protests and the movement resulted in the passing of the Lokpal and
Lokayuktas Bill, 2013, in both the Houses of Parliament. The bill received assent
from President on 1 January 2014 and came into force on 16 January 2014
under the name “The Lokpal and Lokayukta Act 2013”.

Lokpal and Lokayukta Amendment Act, 2016

After the introduction of the Lokpal and Lokayukta Act 2013, a bill was passed by
Parliament in July 2016 which amended the Lokpal and Lokayukta Act, 2013.
This amendment enabled the leader of the single largest opposition party in the
Lok Sabha to become a member of the selection committee in the absence of a
recognized Leader of Opposition.

This bill also amended Section 44 of the Lokpal and Lokayukta Act 2013. Section
44 of the Act dealt with the provisions of furnishing of details of assets and
liabilities, within 30 days of joining the government service, of any public servant.
This amendment replaced the time limit of 30 days. It stated that the public
servants will make a declaration of their assets and liabilities in the form and
manner as prescribed by the government.

In the case where any non-governmental organization receives funds of more

than Rs. 1 crore from government or receives foreign funding of more than Rs.
10 lakh then the assets of the trustees and board members were to be disclosed
to the Lokpal. The bill provided an extension to the time limit given to trustees
and board members to declare their assets and those of their spouses.

Structure of the Lokpal 

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Let us try to understand the structure of the Lokpal. Lokpal is a multi-member
body consisting of one chairperson and a maximum of 8 members.

The person to be appointed as the chairperson of the Lokpal must be either:

1. The former Chief Justice of India; or

2. The former Judge of the Supreme Court; or
3. 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:
1. Anti-corruption policy; 
2. Public administration; 
3. Vigilance;
4. Finance including insurance and banking;
5. Law and management.
The maximum number of members must not exceed eight. These eight members
must constitute:

 Half members to be judicial members;

 Minimum 50% of the Members should be from SC/ ST/ OBC/ minorities
and women.
The judicial member of the Lokpal must be either:

 A former Judge of the Supreme Court or;

 A former Chief Justice of the High Court.
The non-judicial member of the Lokpal needs to be an eminent person with
flawless integrity and outstanding ability. The person must possess special
knowledge and an experience of a minimum of 25 years in matters relating to:

 Anti-corruption policy;
 Public administration;
 Vigilance;
 Finance including insurance and banking;
 Law and management.

Term and appointment to the office of Lokpal

Lokpal Chairman and the Members can hold the office for a term of 5 years or till
they attain the age of 70 years, whichever is earlier. The members and the
chairman of Lokpal are appointed by the president on the recommendation of a
selection committee.

The selection committee consists of:

 The Prime Minister of India; 

 The Speaker of Lok Sabha;
 The Leader of Opposition in Lok Sabha;
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  The Chief Justice of India or any Judge nominated by Chief Justice of
India;
 One eminent jurist.
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.

Lokpal search committee

As per the Lokpal Act of 2013, the Department of Personnel and Training needs
to create a list of candidates who are interested to become the chairperson or
members of the Lokpal. The list was then to be presented to the proposed eight-
member search committee. The committee on receiving the list shortlists the
names and place them before the selection panel, headed by the Prime Minister.

The selection panel has discretion in selecting the names from the list presented
by the search committee. In September 2018, a search committee was
constituted by the government which was headed by former Supreme Court
judge Justice Ranjana Prakash Desai. The Lokpal and Lokayukta Act of 2013
also mandates that all states must set up the office of the Lokayukta within one
year from the commencement of the Act.

Jurisdiction and powers of Lokpal

The Jurisdiction of Lokpal extends to:

 Prime Minister, Ministers, 

 Members of Parliament,
 Groups A, B, C and D officers,
 Officials of Central Government.
The Jurisdiction of the Lokpal extends to the Prime Minister, except in the cases
of allegations of corruption relating to:

 International relations; 
 Security;
 The public order;
 Atomic energy and space.
The jurisdiction of the Lokpal does not include ministers and members of
Parliament in the matter relating to:

 Any speeches delivered in the Parliament or; 

 For a vote cast in the Parliament.
Lokpal’s jurisdiction also includes:

 Every person who is or has been in charge (director/ manager/

secretary) of a body or a society set up by the act of central
government,
 Any society or body financed or controlled by the central government,

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  Any person involved in act of abetting, 
 Bribe giving or bribe-taking.
The Lokpal and Lokayukta Act states that all public officials need to furnish their
assets and liabilities as well as their respective dependents. The Lokpal also
possesses the powers to superintendence over the CBI. It also has the authority
to give direction to CBI. If a case is referred to CBI by the Lokpal, then the
investigating officer in such a case cannot be transferred without the prior
approval of the Lokpal. The powers of a civil court have been vested with the
Inquiry Wing of the Lokpal.

The Lokpal also possesses powers regarding the confiscation of assets,

proceeds, receipts, and benefits arisen or procured by means of corruption in
special circumstances. It also has the power to make recommendations
regarding the transfer or suspension of public servants connected with the
allegations of corruption.

Lokpal is capable of giving directions to prevent the destruction of records during

the preliminary inquiry.

Limitations
The institution of Lokpal came up as a much-needed change in the battle against
corruption. The Lokpal was a weapon to curtail the corruption that was spreading
in the entire administrative structure of India. But at the same time, there are
loopholes and lacunae which need to be corrected. The appointing committee of
Lokpal consists of members from political parties that put Lokpal under political
influence.

There are no criteria to decide who is an ‘eminent jurist’ or ‘a person of integrity’

which manipulates the method of the appointment of Lokpal. The Lokpal and
Lokayukta Act 2013 failed to provide any kind of concrete immunity to the
whistleblowers. The provision related to the initiation of inquiry against the
complainant, in cases where the accused is found innocent, leads to
discouraging people from making complaints. One of the biggest lacunae is the
exclusion of the judiciary from the ambit of the Lokpal.

The Lokpal does not have any constitutional backing. Also, there are no
adequate provisions for appeal against the actions of Lokpal. The states have
complete discretion with respect to the specific details in relation to the
appointment of Lokayukta. The need for functional independence of the CBI  has
been catered to some extent, by the change brought forth in the selection
process of CBI’s Director, by the Lokpal and Lokayukta Act.

The Lokpal and Lokayukta Act also mandates that no complaint against
corruption can be registered after a period of seven years from the date on which
the mentioned offense is alleged to have been committed.

Conclusion
In order to tackle the problem of corruption, the institution of the ombudsman
should be strengthened both in terms of functional autonomy and the availability
of manpower. The appointment of Lokpal in itself is not enough. The government
should address the issues based on which people are demanding a Lokpal.

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Merely adding to the strength of investigative agencies will increase the size of
the government but not necessarily improve governance. The slogan adopted by
the government of “less government and more governance”, should be followed
in letter and spirit.

Moreover, Lokpal and Lokayukta must be financially, administratively and legally

independent of those whom they are called upon to investigate and prosecute.
Lokpal and Lokayukta appointments must be done transparently so as to
minimize the chances of the wrong sorts of people getting in. There is a need for
a multiplicity of decentralized institutions with appropriate accountability
mechanisms, to avoid the concentration of too much power in any one institution
or authority.