Lokpal

• The Lokpal & Lokayukta Act, 2013 establishes Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries.
• A complaint under the Lokpal Act must pertain to an offence under the Prevention of Corruption Act against a public servant. When a complaint is received, the Lokpal may order a preliminary inquiry by its Inquiry Wing, or refer it for investigation by any agency, including the CBI, if there is a prima facia case.
• Thus, the Act provides for an Enquiry Wing and a Prosecution Wing headed by their respective Directors.
• The inquiry Wing conducts preliminary inquiry into any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988.
• The Prosecution Wing can file a case in accordance with the findings of investigation report, before the Special Court for prosecution of public servants in relation to any offence punishable under the Prevention of Corruption Act, 1988.
• Jurisdiction of the Lokpal Act includes offices of Prime Minister, Ministers, members of Parliament, officers belonging to Group A, B, C and D and officials of Central Government.

Composition of Lokpal:

• The Lokpal consists of a Chairperson with a maximum of 8 members of which 50% shall be judicial members.
• 50% of the members of the Lokpal shall come from amongst the SCs, the STs, the OBCs, minorities and women.
• The selection of the Chairperson and the members of Lokpal shall be through a Selection Committee consisting of the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or a sitting Supreme Court Judge nominated by the Chief Justice of India and an eminent jurist to be nominated by the President of India on the basis of recommendations of the first four members of the selection committee.
• A Search Committee will assist the Selection Committee in the process of selection. 50% of the members of the Search Committee shall also be from amongst the SCs, the STs, the OBCs, minorities and women.

Jurisdiction and Power:

• The Lokpal is vested with the power of search and seizure and powers under civil procedure code or the purpose of conducting preliminary inquiry & investigation and power of attachment of assets and taking other steps for eradication of corruption.
• Lokpal will have power of superintendence and direction over any central investigation agency including CBI for cases referred to them by the Lokpal.
• Lokpal has jurisdiction to inquire allegations of corruption against Prime Minister, Ministers, members of Parliament, officers belonging to Group A, B, C and D and officials of Central Government.
• The Lokpal on receipt of a complaint, may order preliminary inquiry against any public servant by its Inquiry Wing or any agency including the Delhi Special Police Establishment,
• Lokpal shall refer complaints of corruption against public servants to Central Vigilance Commission and the CVC after making preliminary enquiry-
  • In respect of public servants belonging to Group A and Group B - shall submit its report to the Lokpal.
  • In case of public servants belonging to Group C and Group D - CVC shall proceed in accordance with the provisions of the Central Vigilance Commission Act, 2003.
• Lokpal can also inquire against any society or trust or body that receives foreign contribution above Rs.10 lakh.
• Lokpal Act creates Special Courts to hear and decide the cases arising out of the Prevention of Corruption Act, 1988 or under the Lokpal Act involving public servants.
• The Special Courts shall ensure completion of each trial within a period of one year from the date of filing of the case in the Court.

Charge Made Against the Prime Minister

• Lokpal cannot inquire into any corruption charge against Prime Minister if the allegations are related to international relations, external and internal security, public order, atomic energy and space, unless a full Bench consisting of its chair and all members, considers the initiation of a probe, and at least two- thirds of the members approve it.
• Any such inquiry shall be held in camera and if Lokpal concludes that the complaint deserves to be dismissed, the records of the inquiry shall not be published or made available to anyone.

It’s an eyewash/Limitations:

• Delay in appointments: Since the act was enacted in 2013, The chairperson and members of the Lokpal were appointed only in March 2019.
• Lokpal cannot suo motu proceed against any public servant.
• Emphasis on form of complaint rather than substance.
• Heavy punishment for false and frivolous complaints against public servants may deter complaints being filed to Lokpal.
• Anonymous complaints not allowed: Can't just make a complaint on plain paper and drop it in a box with supporting documents.
• Legal assistance to public servant against whom complaint is filed.
• Limitation period of 7 years to file complaints.
• Lokpal and Lokayukta Amendment Bill was introduced in 2016 to cripple its power in following ways:
  • Amends section 44 of parent Act that deals with provision of furnishing of details of assets and liabilities of public servants within 30 days of joining the government service. The amendment has removed the period of 30 days.
• The structure and Power of Lokayukta differs from state to state and different State has brought a law to cripple the power of Lokayukta as-
  • Nagaland: Political appointment of members has been observed in Lokayukta structure.
  • Goa: Lokayukta does not have power of Sanction.
  • Bihar: Law that punishes people for filing false cases before Lokayukta.
  • UP: Pass a law to increase the tenure of Lokayukta to 8 years.