Lokpal and Lokayukta- UPSC Notes

Lokpal of India

The Lokpal (literally means the protector of the people) is an anti-corruption institution that investigates complaints of corruption against public officials.

The institution of the Ombudsman was first contemplated in the 1960s to root out corruption in public offices. In 1963, during the Lok Sabha discussion on the Demands for Grants of the Ministry of Law and Justice, Dr L.M. Singhvi emphasised the importance of establishing a Parliamentary Commission modelled after the Ombudsman to address corruption and address public grievances.

Journey of Ombudsman in India

• First ARC Recommendation: In 1966, the First Administrative Reforms Commission recommended two-tier machinery (Lokpal and Lokayuktas) to redress the public’s grievances.

1. 1. As per the committee’s recommendation, the Lokpal was to deal with complaints against Ministries and Secretaries of the Central government as well as of the states.
   2. The Lokayuktas, one for the centre and one each for the states were meant to address complaints against the rest of the administrative machinery.

• The Second ARC (2005) and the National Commission of the Review of the Working of the Constitution (2002) have also recommended the various aspects of the Institution of Lokpal and Lokayukta.
• The existing institution of Lokpal and Lokayuktas came into existence after the massive anti-corruption movement led by Anna Hazare in 2011 demanded the institution of “Janlokpal” to weed out corruption from public offices.
• The first bill for the establishment of Lokpal was introduced in 1968; since then, bills have been introduced many times, viz in 1971, 1977, 1985, 1989, 1996, 1998, 2001, and twice in 2011.
• Finally, the Lokpal and Lokayuktas bill was passed by both houses of the Parliament in December 2013. The bill became law after the President granted the assent and came into force on 16 January 2014.

Institution of Lokpal in India

The Lokpal and Lokayuktas Act, 2013 provides for the establishment of Lokpal and Lokayukta for the Union and the state, respectively, to inquire into allegations of corruption against public officials.

The act also aims to implement the United Nations Convention against Corruption effectively.

Composition of the Lokpal

The Lokpal consists of:

1. A Chairperson who is a serving or retired Chief Justice of India or, a retired judge of the Supreme Court or an eminent person with impeccable integrity and exceptional ability possessing special knowledge and expertise of at least 25 years in the matters relating to anti-corruption, public administration, vigilance, finance (including insurance and banking), law and management.
2. Not more than 8 members, of which 50% of them should be judicial members (retd. Or serving judge of SC or retd. Chief Justice of HC). It is also provided that at least 50% of the members should be amongst the persons belonging to the SC, ST, OBC, minorities and women.

The following person would be ineligible for the position of Chairperson or member of Lokpal:

1. An MP or MLA of any state legislature or Union territory;
2. A person convicted of any offence involving moral turpitude;
3. A person of less than 45 years of age on the date of entering office as the Chairperson or Member;
4. A member of any Panchayat or Municipality;
5. A person who has been removed or dismissed from the service of the Union or a State;
6. A person holding an office of profit (other than as Chairperson and member of Lokpal) or
7. Affiliated with any political party;
8. Or carry on any business or practice any profession