Lokpal and Lokayukta

Last Updated: July 2022

What are Lokpal and Lokayukta?

The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and
Lokayukta for States.
These institutions are statutory bodies without any constitutional status.
They perform the function of an "ombudsman” and inquire into allegations of corruption against
certain public functionaries and for related matters.

Why do We need such Institutions?

Maladministration is like a termite which slowly erodes the foundation of a nation and hinders
administration from completing its task. Corruption is the root cause of this problem.
Most of the anti-corruption agencies are hardly independent. Even Supreme Court has been
termed CBI as a “caged parrot” and “its master’s voice”.
Many of these agencies are advisory bodies without any effective powers and their advice is rarely
followed.
There is also the problem of internal transparency and accountability. Moreover, there is not any
separate and effective mechanism to put checks on these agencies.
In this context, an independent institution of Lokpal has been a landmark move in the history of
Indian polity which offered a solution to the never-ending menace of corruption.

What is the Background of their Formation?

In 1809, the institution of ombudsman was inaugurated officially in Sweden.

In the 20th century, Ombudsman as an institution developed and grew most significantly
after the Second World War.
New Zealand and Norway adopted this system in the year 1962 and it proved to be
of great significance in spreading the concept of the ombudsman.
In 1967, on the recommendations of the Whyatt Report of 1961, Great Britain adopted the
institution of the ombudsman and became the first large nation in the democratic world to
have such a system.
In 1966, Guyana became the first developing nation to adopt the concept of the
ombudsman. Subsequently, it was further adopted by Mauritius, Singapore, Malaysia, and
India as well.
In India, 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.
In 1966, the First Administrative Reforms Commission recommended the setting up of
two independent authorities- at the central and state level, to look into complaints against
public functionaries, including MPs.
In 1968, Lokpal bill was passed in Lok Sabha but lapsed with the dissolution of Lok Sabha and since
 then it has lapsed in the Lok Sabha many times.
Till 2011 eight attempts were made to pass the Bill, but all met with failure.
In 2002, the Commission to Review the Working of the Constitution headed by M.N.
Venkatachaliah recommended the appointment of the Lokpal and Lokayuktas,
also recommended that the PM be kept out of the ambit of the authority.
In 2005, the Second Administrative Reforms Commission chaired by Veerappa
Moily recommended that the office of Lokpal should be established without delay.
In 2011, the government formed a Group of Ministers, chaired by Pranab Mukherjee to suggest
measures to tackle corruption and examine the proposal of a Lokpal Bill.
"India Against Corruption movement" led by Anna Hazare put pressure on the United
Progressive Alliance (UPA) government at the Centre and resulted in the passing of the
Lokpal and Lokayuktas Bill, 2013, in both the Houses of Parliament.
It received assent from President on 1 January 2014 and came into force on 16 January
2014.

What are the Key Provisions of the Lokpal and Lokayuktas (Amendment) Act,
2016?

It amended the Lokpal and Lokayukta Act, 2013.

It also amended section 44 of the 2013 Act that deals with the provision of furnishing of details of
assets and liabilities of public servants within 30 days of joining the government service.
It replaces the time limit of 30 days, now the public servants will make a declaration of their assets
and liabilities in the form and manner as prescribed by the government.

What is the Structure of Lokpal?

Lokpal is a multi-member body, that consists of one chairperson and a maximum of 8 members.
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 and minimum 50% of the
Members will be from SC/ ST/ OBC/ Minorities and women.
The judicial member of the Lokpal 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 term of office for Lokpal Chairman and Members is 5 years or till the age of 70
years.
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.
For selecting the chairperson and the members, the selection committee constitutes a search
panel of at least eight persons.

What is the Lokpal Search Committee?

Under the Lokpal Act of 2013, the Department of Personnel & Training (DoPT) is supposed to put
together a list of candidates interested to be the chairperson or members of the Lokpal.
This list would then go to the proposed eight-member search committee, which would shortlist
 names and place them before the selection panel headed by the Prime Minister.
The selection panel may or may not pick names suggested by the search committee.
In September 2018, the government had constituted a search committee headed by former
Supreme Court judge Justice Ranjana Prakash Desai.
The 2013 Act also provides that all states should set up the office of the Lokayukta within one year
from the commencement of the Act.

What comes under the Jurisdiction of Lokpal and its Powers?

Jurisdiction of Lokpal includes Prime Minister, Ministers, members of Parliament, Groups

A, B, C and D officers and officials of Central Government.
Jurisdiction of the Lokpal included the Prime Minister except on allegations of corruption relating to
international relations, security, the 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 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.
The Lokpal Act mandates that all public officials should furnish the assets and liabilities of
themselves as well as their respective dependents.
It has the powers 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 of confiscation of assets, proceeds, receipts and benefits arisen or
procured by means of corruption in special circumstances.
Lokpal has the power to recommend transfer or suspension of public servant connected
with allegation of corruption.
Lokpal has the power to give directions to prevent the destruction of records during the
preliminary inquiry.

What are Its Limitations?

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.
Five years have passed since the Lokpal and Lokayuktas Act 2013 was passed by parliament, but
not a single Lokpal has been appointed till date indicating the lack of political will.
The Lokpal act also called upon states to appoint a Lokayukta within a year of its coming to
force. But only 16 states have established the Lokayukta.
Lokpal is not free from political influence as the appointing committee itself consist of
members from political parties.
The appointment of Lokpal can be manipulated in a way as there is no criterion to decide who is an
‘eminent jurist’ or ‘a person of integrity.’
The 2013 act did not provide 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.
The biggest lacuna is the exclusion of judiciary from the ambit of the Lokpal.
The Lokpal is not given any constitutional backing and there is no adequate provision for
appeal against the Lokpal.
The specific details in relation to the appointment of Lokayukta have been left completely on the
States.
To some extent, the need for functional independence of the CBI has been catered to by a change
brought forth in the selection process of its Director, by this Act.
The complaint against corruption cannot be registered after a period of seven years from the date
on which the offence mentioned in such complaint is alleged to have been committed.

What can be the Way Forward?

 In order to tackle the problem of corruption, the institution of the ombudsman should be
strengthened both in terms of functional autonomy and availability of manpower.
Greater transparency, more right to information and empowerment of citizens and
citizen groups is required along with a good leadership that is willing to subject itself to public
scrutiny.
Appointment of Lokpal in itself is not enough. The government should address the issues based on
which people are demanding a Lokpal. 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.

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