Lokpal and Lokayukta Act: An Overview

Laxmi Mall Singhvi, a member of parliament, used 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. Lokayukta was first made available in Maharashtra. The Prevention of Corruption Act of 1988 is being put into practice by this law. The law was enacted against the backdrop of the nation-shaking, massive anti-corruption demonstrations led by Anna Hazare.

Objective of Lokpal and Lokayukta Act

A Lokpal (Ombudsman) would be established to combat corruption in public offices and enforce responsibility on the part of public authorities, including the Prime Minister, under the historic Lokpal and Lokayuktas Act, 2013, which was approved by the Indian Parliament in 2013.

Provisions under the Act

The Act consists of 63 sections, 15 chapters, and 4 schedules in 3 parts. Thus, the following are the provisions under the act

Provisions	Chapters	Description
Section 1-Section 2	I	Preliminary
Section 3-Section 10	II	Establishment of Lokpal
Section 11	III	Inquiry wing
Section 12	IV	Prosecution wing
Section 13	V	Expenses of Lokpal to be charged on consolidated fund of India
Section 14-Section 19	VI	Jurisdiction in respect of inquiry
Section 20-Section 24	VII	Procedure in respect of preliminary inquiry and investigation
Section 24-Section 34	VIII	Powers of Lokpal
Section 35-Section 36	IX	Special courts
Section 37-Section 38	X	Complaints against chairperson, members and officials of Lokpal
Section 39	XI	Assessment of loss and recovery thereof by special court
Section 40-Section 43	XII	Finance, accounts and audit
Section 44-Section 45	XIII	Declaration of assets
Section 46-Section 47	XIV	Offences and penalties
Section 48-Section 63	XV	Miscellaneous

Composition under the Act

According to the 2013 Act, the Lokpal shall be composed of a chairman and up to eight members, 50% of whom must be judges.

According to the Act, at least 50% of the Lokpal's members must be women, minorities, SC, ST, OBC, or other members of these groups.

Selection Procedure

A search committee will compile a list of potential candidates; a selection committee will provide recommendations for candidates from this list; and the President will identify these individuals as members.

Salaries and Allowances Prescribed by the Act

The Lokpal chairman's pay, benefits, and working conditions will be the same as those of the Chief Justice of India, while those of the other members will be those of a Supreme Court judge.

The Anti-corruption Ombudsman

The Inquiry Wing and the Prosecution Wing are the two most significant of the Lokpal's several wings

• Inquiry Wing − The Director of Inquiry, who oversees the Inquiry Wing, is responsible for conducting a preliminary investigation into any suspected public employee offense that is punished by the 1988 Prevention of Corruption Act.

• Prosecution Wing − The Director of Prosecution leads the Prosecution Wing, which is responsible for prosecuting public employees in connection with any complaints made to the Lokpal under this Act.

An Inquiry to Proceed

The Lokpal may direct any agency to conduct an investigation after receiving a complaint against a public official. The investigation must be completed within 90 days.

Following receipt of the preliminary investigation report, the Lokpal may direct any agency or department to conduct an investigation, initiate departmental proceedings, or take any other appropriate action against the affected public employees on behalf of the competent authority. It may also direct the conclusion of the proceedings.

Lokayuktas

These are the localized versions of the central Lokpal. Within a year of the start date of this Act, every state shall create a body to be known as the Lokayukta for the state, if not otherwise formed, constituted, or appointed, by a statute issued by the State Legislature, to deal with allegations pertaining to corruption against certain public officers. The states are responsible for creating the Lokayukta institution and for making any appointments within it.

Problems Related to the Act

The following are the concerns of the act

• A parallel system was established, and the sole president now has the authority to fire all of India's government officials. It has control over deputized CBI agents.

• The authority to penalize a complaint and dismiss a case as frivolous or untrue without using any more resources.

• The Lokpal law seeks to change the relationships between the three branches of government that have developed through time. Any modification might result in the buildup of power with one of these or with the Lokpal itself.

• When broad powers are present, the threat is exacerbated by a lack of accountability.

• The judiciary has been excluded from the Lokpal's purview.

• The Lokpal and Lokayukta do not include any provisions for whistleblower protection.

• The state is to have complete discretion over the Lokayukta.

• Lokpal is unable to launch an investigation into itself.

Conclusion

Though it was a long and very struggling, but the establishment of Lokpal has a meaning and purpose. The Lokpal, after its establishment, striving to exercise its responsibility. However, there are still certain flaws that need to be taken care properly. To fight the enduring war against corruption, the Lokpal and Lokayukta institutions must be enhanced in terms of operational autonomy and personnel accessibility. Transparency in the Lokpal and Lokayukta nomination processes is necessary because it will improve the likelihood that the best candidate will be appointed.

Frequently Asked Questions

Q1. When did the Lokpal and Lokayuktas Act 2013 come into force?

Ans. The Lokpal and Lokayuktas Act, 2013 came into force on January 16, 2014.

Q2. When was the Lokpal and Lokayukta Bill passed?

Ans. The Lokpal and Lokayuktas Bill, 2011 was passed by Parliament on December 17th, 2013. The Bill received the Hon'ble President's assent on 1st January 2014 and was notified on the same day as the Lokpal and Lokayuktas Act, 2013.

Q3. Who appoints Lokayukta and Uplokayukta?

Ans. As per the provision, Lokayukta and Uplokayukta are appointed by the respective State’s Governor or Lieutenant Governor in case of Union Territory.

Q4. Who was the first Lokayukta of India?

Ans. Virendra Singh (Lokayukta) was the first Lokayukta of India appointed by the Supreme Court of India.