Role of Lokpal and Lokayukta in Eradicating Corruption

Role of Lokpal and Lokayukta in
Eradicating Corruption
SUBMITTED BY:
AMIT KUMAR
RAJIV GANDHI NATIONAL UNIVERSITY Of LAW, PATIALA, PUNJAB
INTRODUCTION
1. Corruption:
Definition and Meaning.......................
Types of Corruption.............................
Development of Anti-Corruption Laws in India
2. Karnataka Lokayukta
Brief History...........................................
Salient Features.....................................
Performance..........................................
3.Lok Pal Bill
History of the Bill.................................
Salient Features of the Bill...................
 Analysis of the Bill..............................
4.How to Eradicate corruption
CORRUPTION
 DEFINITION (Transparency International )
“Corruption is one of the greatest challenges of the contemporary world. It
undermines good government, fundamentally distorts public policy, leads to
the misallocation of resources, harms the private sector and private sector
development and particularly hurts the poor.
THE SANTHANAM Committee Report, 1964 defines

Corruption as a complex problem having roots and ramifications in society
as a whole. In its widest connotation, corruption includes improper or
selfish exercise of power and influence attached to a public office.
Corruption is also defined as 'the abuse of public power for

personal ends’.
TYPES OF CORRUPTION
EXTORTIONARY COLLUSIVE
Extortionary corruption, in which Collusive corruption is the
the citizen has no choice: If he situation where the person who is
doesn't pay up he will end up paying up in collusion with the
losing time and money on a much public authority to fleece the
bigger scale. And this is what general public. This is in the case
bothers us most on a day-to-day of contracts, tenders and projects
basis. If I go to a government etc. Money often changes the
office to obtain a birth certificate hands and ultimately loser is
and the clerk demands a bribe of neither the public servant nor the
50 rupees and if I don't pay up, I person who pays but the general
will end up going to the office some public, because in a different
twenty times in the next one month form the cost of public service
and I may miss a dead line to goes up or the efficiency goes
apply for my child's admission or down
face some other problem.
DEVELOPMENT OF Anti Corruption Laws
Indian Penal Code, 1860
Delhi Special Police Establishment Act, 1946
The Prevention of Corruption Act, 1947
The Criminal Law Amendment act, 1952
The Criminal Law Amendment Act, 1958

The Landmark Act
Prevention of Corruption Act, 1988
In 1985 another Committee went into the working of the Prevention of Corruption Act
1947 and its recommendation led to the Prevention of Corruption Act 1988.
•The list of `public servants' was further enlarged by including MPs and MLAs
among others.
•Presumption under sections 7, 11, 131(A) and (B) of Prevention of

Corruption Act, 1947 was raised.
•S.161 to 165, IPC were deleted from IPC 1860.
•The Criminal Law Amendment Act 1952 was repealed and its provision
incorporated in the new Act.
Karnataka Lokayukta,1984
 Introduction
• Based on the recommendation of
Administrative Reform Commission , the
Karnataka State Legislature enacted
the Karnataka Lokayukta Act 1984
• to improve the standards of Public
Administration,
• by investigating into allegations or grievances
in respect of administrative actions, including
cases of corruption, favoritism and official
indiscipline in administrative machinery,
• relating to matters specified in List II or List III
of the 7th Schedule of the Constitution of
India.
 Performance
 The Lokayukta and Upalokayukta institutions
in Karnataka function in compliance with two
key acts:
• The Karnataka Lokayukta Act, 1984
• The Prevention of Corruption Act, 1988
Salient Features
1.Appointment of Lokayukta ( sec 3)
•A person to be appointed as the Lokayukta
shall be a person who has held the office of a
Judge of the Supreme Court or that of the
Chief Justice of a High Court .
•He shall be appointed on the advice tendered
by the Chief Minister in consultation with the
Chief Justice of the High Court of Karnataka,
the Chairman, Karnataka Legislative Council,
the Speaker, Karnataka Legislative Assembly,
the Leader of the Opposition in the Karnataka
Legislative Council and the Leader of the
Opposition in the Karnataka Legislative
Assembly.
2.Term of office
•A person appointed as the Lokayukta or
Upalokayukta shall hold office for a term of
five years from the date on which he enters
upon his office;
CONTINUE……
• The public servants who are covered
by the Act include :-
• Chief Minister;
• All other Ministers and Members of the State

Legislature;
• All officers of the State Government;
• Chairman, Vice Chairman of local authorities,

Statutory bodies or Corporations established
by or under any law of the State Legislature,
including Co-operative Societies
• Persons in the service of Local Authorities,

Corporations owned or controlled by the State
Government, a company in which not less than
50% of the shares are held by the State
Government, Societies registered under the
State Registration Act, Co-operative Societies
and Universities established by or under any
law of the Legislature.
The Indian Lokpal Bill
1. Introduction
The Indian Lokpal is synonymous to the institution of Ombudsman existing in the
Scandinavian countries. The office of the ombudsman originated in Sweden in 1809
A.D., and adopted eventually by many nations 'as a bulwark of democratic government
against the tyranny of officialdom'.
The Administrative Reforms Commission (ARC) set up in 1966 recommended the

constitution of a two-tier machinery - of a Lokpal at the Centre, and Lokayukt(a)s in
the states.
The Lokpal Bill was for the first time presented during the fourth Lok Sabha in
1968, and was passed there in 1969. However, while it was pending in the Rajya Sabha,
the Lok Sabha was dissolved, resulting the first death of the bill. The bill was revived in
1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and most recently in 2008
Salient Features of the Bill
I. Members:
Lokpal is to be a three member body with a chairperson who is or
has been a chief justice or judge of the Supreme Court; and it’s two
other members who are or have been judges or chief justices of
high courts around the country.
II. Appointment :
The chairperson and members shall be appointed by the President
by warrant under his hand and seal on the recommendation of a
committee consisting of the following persons.
The Vice-President (Chairman)
b. The PM (c)
c. The Speaker of LS
d. Home Minister
e. Leader of the House, other than the house in which PM is a
member.
f. Leaders of Opposition of both the houses.
Iii. Jurisdiction of Lokpal:

• The central level political functionaries like the Council of Ministers
including the Prime Minister, the Members of Parliament etc.
• He cannot inquire into any allegation against the PM in relation to
latter's functions of national security and public order.
•Complaints of offence committed within 10 years from the date of
complaint can be taken up for investigation, not beyond this period.
Howto
How to Eradicate
Eradicate Corruption?
Corruption?
• Long Term Absence of Upalokayukta or
Lokayukta
• Sanction for Prosecution from

Competent/Disciplinary Authority
• Suo Motu Powers to Investigate
• Limited Scope of Investigation

CONCLUSION

Role of Lokpal and Lokayukta in Eradicating Corruption

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Role of Lokpal and Lokayukta in

THE SANTHANAM Committee Report, 1964 defines

Corruption is also defined as 'the abuse of public power for

Delhi Special Police Establishment Act, 1946

The Prevention of Corruption Act, 1947

The Criminal Law Amendment act, 1952

The Criminal Law Amendment Act, 1958

•Presumption under sections 7, 11, 131(A) and (B) of Prevention of

•S.161 to 165, IPC were deleted from IPC 1860.

• All other Ministers and Members of the State

• All officers of the State Government;

• Chairman, Vice Chairman of local authorities,

• Persons in the service of Local Authorities,

The Administrative Reforms Commission (ARC) set up in 1966 recommended the

Iii. Jurisdiction of Lokpal:

• Sanction for Prosecution from

• Suo Motu Powers to Investigate

• Limited Scope of Investigation

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