Lokpal and Lokayukta – part 1
1. Background and GenesisOmbudsman Concept: Originated in Sweden, 1809, to investigate citizens’ complaints against maladministration.
India:
- 1960s: Law Minister Ashok Kumar Sen proposed a constitutional Ombudsman.
- 1963: Dr. L.M. Singhvi coined Lokpal (central) and Lokayukta (state).
- 1966: 1st Administrative Reforms Commission (ARC) recommended separate authorities at central and state levels.
- 1968: Lokpal Bill passed in Lok Sabha but lapsed.
- 2002 & 2005: NCRWC and 2nd ARC recommended Lokpal/Lokayukta again.
- 2011: Anna Hazare’s India Against Corruption movement demanded a strong Lokpal.
- 2013: Lokpal and Lokayuktas Act passed, establishing these bodies legally.
2. Lokpal – Central Ombudsman
Legal Basis
Statutory body under the Lokpal and Lokayuktas Act, 2013.
Investigates corruption complaints against central government officials.
Composition
Chairperson + up to 8 Members
Judicial Members: ≥50% must be judges or former judges.
Social Representation: 50% must belong to SC/ST, OBC, minorities, or women.
Selection Committee
Prime Minister (Chairperson)
Speaker of Lok Sabha
Leader of Opposition in Lok Sabha (or leader of largest opposition party if no LoP)
Chief Justice of India (or a nominated Judge)
One eminent jurist appointed by President
Jurisdiction
Central Ministers, MPs, and Group A-D government employees.
Prime Minister: Special procedure applies.
Extraterritorial: Indian citizens abroad under FCRA (> Rs 10 lakh/year).
Powers
Investigation & Inquiry: Can order investigation against officials.
Superintendence: Can direct CBI and oversee CVC in corruption cases.
Prosecution: Recommend prosecution before Special Courts.
Preventive Measures: Monitor asset declarations, recommend vigilance measures.
3. Lokayukta – State Ombudsman
- State-level equivalent of Lokpal.
- Established via state legislation within 365 days of central Act.
- Jurisdiction over state ministers, MLAs, and state government employees.
- Structure & powers vary by state, usually include judicial and non-judicial members.
4. Key Features of Lokpal & Lokayukta Act, 2013
Feature
Description
Composition
Chairperson + max 8 members; 50% judicial, 50% from SC/ST/OBC/minorities/women
Jurisdiction
PM, Ministers, MPs, Group A-D employees, FCRA cases
Superintendence
Can direct CBI for investigations; oversee CVC
State Lokayukta
Must be established via state legislation
Eligibility
Chairperson/member ≥45 years; cannot be MPs/MLAs; judicial background for half members
| Feature | Description |
|---|---|
| Composition | Chairperson + max 8 members; 50% judicial, 50% from SC/ST/OBC/minorities/women |
| Jurisdiction | PM, Ministers, MPs, Group A-D employees, FCRA cases |
| Superintendence | Can direct CBI for investigations; oversee CVC |
| State Lokayukta | Must be established via state legislation |
| Eligibility | Chairperson/member ≥45 years; cannot be MPs/MLAs; judicial background for half members |
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