Lokpal, Meaning, Power, Features, Functions and Limitations

The Lokpal is conducting an inquiry into the SEBI chief over allegations of a conflict of interest in the Hindenburg case.

About Lokpal

• It is a statutory body established under the Lokpal and Lokayuktas Act 2013 to inquire and investigate allegations of corruption against public functionaries.
• Composition:
  • Chairperson (Retd./Serving Chief Justice of India/ Judge of the Supreme Court or an eminent person who fulfils the eligibility specified in the act)
  • Maximum of eight Members out of whom 50% are Judicial Members.
  • At Least 50% of Lokpal members should belong to SC/ ST, OBC, Minorities and Women.
  • Tenure: They hold office for a term of 5 years from the date on which they enter upon the office or until they attain the age of 70 years, whichever is earlier.
• Appointment of Lokpal: The President appoints the Chairperson and the Members on the recommendations of a Selection Committee consisting of:
  • Chairperson: Prime Minister as Chairperson
  • Members: Speaker of Lok Sabha, Leader of Opposition Lok Sabha, Chief Justice of India, one eminent jurist to be nominated by the President on the recommendation of the Chairperson and the members of the Selection Committee.
• Lokpal (Amendment) Act 2016: Allows the leader of the largest opposition party in the Lok Sabha, in the absence of a recognized Leader of Opposition, to be a member of the selection committee.
• Jurisdiction: Prime Minister, Ministers, Members of Parliament and group A, B, C, and D of government employees.

Lokpal: History

Laxmi Mall Singhvi, a member of parliament, coined the term “Lokpal” for the first time in 1963 during a discussion on grievance redressal procedures. A report produced by the Administrative Reforms Commissions under Morarji Desai suggested the establishment of the Lokayukta and Lokpal special authorities to address public complaints.

The Maharashtra Lokayukta and Upa-Lokayuktas Act, passed in 1971, made Maharashtra the first state to implement the lokayukta system. The states of Andhra Pradesh, Arunachal Pradesh, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tamil Nadu, and Tripura do not currently have any Lokayuktas.

In 1968, the Lokpal Bill was first brought before the Lok Sabha. The draught that was used to create the 2013 edition was created in 2010. The Prevention of Corruption Act of 1988 is being put into practice by this bill. The bill was passed against the backdrop of the nation-shaking, massive anti-corruption demonstrations led by Anna Hazare.

Current Lokpal

Shri Justice Ajay Manikrao Khanwilkar is the Present Lokpal of India 2024, the important information are as follows:

• Birth: Born on July 30, 1957.
• Education: Completed B.Com from Mulund College of Commerce and L.L.B. from K.C. Law College in Mumbai.
• Advocate: Enrolled as an Advocate on February 10, 1982.
• Bombay High Court: Became Additional Judge on March 29, 2000, and was confirmed as a permanent Judge on April 8, 2002.
• Chief Justice of Himachal Pradesh High Court from April 4, 2013.
• Chief Justice of Madhya Pradesh High Court from November 24, 2013.
• Elevated to the Supreme Court of India on May 13, 2016, and served until July 29, 2022.
• National Sports Awards: Nominated as Chairperson of the Selection Committee for the National Sports Awards in 2022 and 2023.
• News Broadcasters Federation: Served as Chairperson of the self-regulatory body, NBF-Professional News Broadcasters Standards Authority.
• Mahanadi Water Disputes Tribunal: Nominated as Chairman while serving as a Supreme Court Judge and continued as full-time Chairman until March 8, 2024.
• Lokpal of India: Appointed as Chairperson of Lokpal on March 10, 2024.

Lokpal Act 2013

The Act establishes an anti-corruption ombudsman called Lokpal at the national level and Lokayukta at the state level.

• Lokpal will have a chairperson and up to eight members.
• It applies to all public servants, including the Prime Minister, but not to armed forces.
• The Act allows for the confiscation of property gained through corruption, even if legal action is still ongoing.
•  States must set up Lokayukta within one year of the Act’s start.
• Public servants who report corruption are protected.

Lokpal Composition

1. Composition of Lokpal: The Lokpal panel includes:

• A chairperson.
• At least 8 members.
• 4 of these members must be judges.

2. Understanding Regulations: For detailed information on regulations and eligibility criteria for the Lokpal and Lokayukta selection committee, review the relevant topics provided.

Eligibility Criteria for Lokpal Members

The Lok Pal chairperson ought to have held a position as India’s chief justice, a Supreme Court judge, or another illustrious figure with knowledge and experience in the fields of anti-corruption strategy, vigilance, public administration, law, and management.

The Lokpal judicial member ought to have been a Chief Justice of the High Court or a judge on the Supreme Court. Any distinguished individual with 25 years of experience in public administration, vigilance, and anti-corruption policies is eligible to serve as a member of the Lokpal. The scheduled castes, scheduled tribes, and OBC, as well as women and minority classes, shall make up half of the Lokpal membership.

Selection Committee

A selection committee made up of the Prime Minister, the Speaker of the Lok Sabha, the head of the opposition in the Lok Sabha, and the CJI appoints all members of the Lokpal.

Lokpal Feature

According to the legislation, Lokpal at the federal level and Lokayukta at the state level are supposed to be established in order to give the nation a road map for combating corruption at both levels. The key elements of the 2013 Lokpal and Lokayukta Act are listed below. The Lokpal has jurisdiction over members of parliament and employees of the central government in groups A, B, C, and D.

The Lokpal consists of a chairperson and up to 8 members, 50% of whom must be judges. A Lokpal will be made up of roughly 50% members from the SC, ST, OBC, and women’s communities. A selection committee made up of the Prime Minister, Speaker of the Lok Sabha, Leader of the Opposition CJI, and the President chooses the chairperson and members of the Lokpal.

A search committee is formed to aid the selection committee in choosing the applicants, and its members must also be representative of women, minorities, SC, ST, and OBC groups. The Prime Minister is now governed by Lokpal, with subject matter exclusions and specialised procedures for addressing complaints against him or her.

Lokpal Power

The Lokpal has authority over investigation agencies, including the CBI, for cases it refers. It can summon or question public servants if there’s a prima facie case, even before an investigation starts. CBI officers cannot be transferred without Lokpal’s approval while investigating such cases. Investigations must be completed within six months, but the Lokpal can grant six-month extensions if justified. Special courts will handle trials for cases referred by the Lokpal.

Lokpal Complaint Rules 2020

These rules established under the Lokpal and Lokayuktas Act, outline how to file complaints.

• Complainants must provide valid ID. Foreign nationals can use a copy of their passport.
• Complaints can be submitted online, by mail, or in person. If filed electronically, a hard copy must be sent within 15 days
• No complaints can be made against public servants under military laws (Army, Navy, Air Force, Coast Guard).
• Complaints can be in English or any language from the Eighth Schedule of the Constitution.
• Complainants must include details about the accused, allegations, evidence, and an affidavit. Organizations must provide registration and authorization certificates.
• The Lokpal will review complaints at the admission stage and may request more information if needed.
• The identity of complainants and accused is protected until the inquiry is complete, unless the complainant discloses their identity elsewhere.
• Complaints that are unclear, trivial, lack allegations, are over seven years old, or are already pending elsewhere will be disposed of within 30 days.

Lokpal Limitations

The Lokpal was a tool the Indian government employed to fight corruption.. But there are some flaws and gaps that need to be filled. The Lokpal selection procedure is biassed since there are no standards for determining who qualifies as a “eminent jurist” or “a person of integrity.” Lokpal’s acts cannot be challenged according to established processes.

According to the Lokpal and Lokayukta Act, corruption complaints cannot be submitted until seven years have passed after the accused offence was allegedly committed. Political party representatives make up the Lokpal appointment committee, and they attempt to influence Lokpal’s decisions.

The Lokpal and Lokayuktas Act 2013 was passed by Parliament five years ago, but no Lokpal has been appointed since, which suggests a lack of political will. One of the gravest issues with the Lokpal is that the judiciary is not included in its ambit. The decisions made by Lokpal lack a legal foundation, and there are no effective means of challenging them.

Lokpal UPSC

In order to combat corruption, the institution of the ombudsman needs to be enhanced in terms of functional autonomy and workforce availability. The actual solution to issues is not Lokpal’s appointment. The administration should instead concentrate on eradicating the fundamental reasons why the populace is calling for a Lokpal. When a Lokpal or Lokayukta is nominated, there should be complete transparency since it will increase the likelihood that the appropriate person will be selected.Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.

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