LOKPAL AND LOKAYUKTAS IN

INDIA: STRUCTURE, FUNCTIONS

AND CHALLENGES
Lokpal and Lokayuktas: Upholding Integrity in Indian
Governance
“The countrymen should not lose this spirit, this is our fight against corruption” –
Anna Hazare
Lokpal and Lokayuktas: Evolution, Advocacy, and Legislative
Milestones in India
 In 1809, the institution of ombudsman was inaugurated officially in
Sweden.
 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 2005, the Second Administrative Reforms Commission chaired by
Veerappa Moilyrecommended that the office of Lokpal should be
established without delay.
 “India Against Corruption movement” led by Anna Hazare put pressure
on the UPA govt. 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 the President on 1 January 2014 and came into
force on 16 January 2014.
 The institution of ombudsman is based on the doctrine of
administrative accountability to legislature
Global Approaches to Citizen Grievance Redressal:
Strengthening Democracy and Development
 The success of democracy and the realisation of socio-economic
development depends on the extent to which the citizens’ grievances
are redressed.
  Therefore, the following institutional devices have been created in
different parts of the world to deal with the redressal of these
grievances:
What is the historical evolution of Ombudsman institutions
globally and how do Lokpal and Lokayuktas fit into this
framework?
 The earliest democratic institution created in the world for the
redressal of citizens’ grievances is the Scandinavian institution of
Ombudsman.
 The institution of Ombudsman was first created in Sweden in 1809.
‘Ombud’ is a Swedish term and refers to a person who acts as the
representative or spokesman of another person.
 The Swedish Ombudsman deals with the citizens’ grievances in the
following matters:
 Abuse of administrative discretion, that is, misuse of official power and
authority
 Maladministration, that is, inefficiency in achieving the targets
 Administrative corruption, that is, demanding bribery for doing things
 Nepotism, that is supporting one’s own kith and kin in matters like
providing employment
 Discourtesy, that is, misbehaviour of various kinds, for instance, use of
abusive language.
 The Swedish Ombudsman is appointed by the Parliament for a term of
four years and can be removed only by the Parliament on grounds of its
loss of confidence in him.
 The Ombudsman is a constitutional authority and enjoys the powers to
supervise the compliance of laws and regulations by the public
officials, and see that they discharge their duties properly.
 Overall, the characteristics of the Swedish institution of Ombudsman
are as follows:
o Independence of action from the executive
o Impartial and objective investigation of complaints
o Suo moto power to start investigations
o Uninterrupted access to all the files of administration
o Right to report to the Parliament as opposed to the executive;
o Wide publicity given to its working in press and other media
o Direct, simple, informal, cheap and speedy method of handling
complaints
 From Sweden, the institution of Ombudsman spread to other
Scandinavian countries– Finland (1919), Denmark (1955) and Norway
(1962).
  New Zealand is the first Commonwealth Country to adopt Ombudsman
in
 Later UK adopted the ombudsman in 1967
 Since then, more than 40 countries of the world have adopted
Ombudsman-like institutions with different nomenclature and functions
Composition and Tenure of Lokpal
 Lokpal is a multi-member body that consists of one chairperson and a
maximum of 8 members (1+8)
 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 is either a former Judge of the
Supreme Court or a former Chief Justice of a HIGH COURT.
 The term of office for Lokpal Chairman and Members is 5 years or till
the age of 70 years.
Appointment Process of Lokpal
 A search committee which recommends a panel of names to the high-
power selection committee.
 The members are appointed by the president on the recommendation of
a Selection Committee.
 The President will appoint the recommended names.
Selection Committee
Prime Minister who is the
1
Chairperson;

2 Speaker of Lok Sabha

3 Leader of Opposition in Lok Sabha

Chief Justice of India or a Judge

4
nominated by him/her

5 One eminent jurist

Pinaki Chandra Ghose as India’s First Lokpal

Former Supreme Court judge and a member of the NATIONAL HUMAN RIGHTS
COMMISSION, Pinaki Chandra Ghose, is India’s first anti-corruption ombudsman,
or Lokpal, after his name was cleared and recommended by the high-level selection
committee chaired by PRIME MINISTER.
Conditions of Service for Lokpal and Its Members
 The Salary allowances and other conditions of service of the
chairperson and members are equivalent to that of Chief Justice of
India and Judge of the SUPREME COURT respectively.
 They are not eligible for reappointment and cannot hold any
constitutional or governmental office.
 They cannot contest any elections for a period of 5 years.
Lokpal’s Broad Jurisdiction Over Public Functionaries
 Jurisdiction of Lokpal includes Prime Minister, Ministers, members
of PARLIAMENT, Groups A, B, C and D officers and officials of Central
Government.
PM’s Exemption in Lokpal Inquiries
 It does not allow a Lokpal inquiry if the allegation against the PM
relates to international relations, external and internal security, public
order, atomic energy and space.
 Complaints against the PM are not to be probed unless the full Lokpal
bench considers the initiation of inquiry and at least 2/3rds of the
members approve
 Such an inquiry against the PM (if conducted) is to be held in camera
and if the Lokpal comes to the conclusion that the complaint deserves
to be dismissed, the records of the inquiry are not to be published or
made available to anyone.
 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.
 It has the powers to superintendence over, and to give direction to CBI.
Lokpal’s Vigilance and Authority: Powers to Combat Corruption
 It has Superintendence over the Central Bureau of Investigation and
can give directions to it. If a case is referred to CBI by Lokpal, the
investigating officer in such a case cannot be transferred without the
approval of Lokpal.
 Lokpal will have an Inquiry Wing and Prosecution Wing. The Inquiry
Wing has the powers of a Civil Court.
  It can confiscate assets, proceeds, receipts and benefits arisen or
procured by means of corruption in special circumstances.
 It can transfer or suspend public servants connected with allegations
of corruption.
 It has the power to give directions to prevent the destruction of records
during the preliminary inquiry.
Lokpal’s Functions and Anti-Corruption Initiatives
 A complaint can be made to the Lokpal for an offence under the
Prevention of Corruption Act.
 The Lokpal may order a preliminary inquiry by its Inquiry Wing or refer
it to any investigation agency like CBI.
 However, the Lokpal should establish that a prima facie case exists
after seeking an explanation from the public servant as well as his
competent authority.
 With respect to Central Government Servants, it may refer cases to the
Central Vigilance Commission.
 Preliminary Enquiry report should be done within 60 days. The
preliminary investigation should be normally completed within 90 days.
 A Lokpal bench of not less than 3 members considers it and after
giving an opportunity to the public servant, decides on a further
investigation – it may dismiss, initiate a full investigation or start
departmental proceedings.
 The trials will be held in special courts, which must complete them
within one year.
 Extensions can be made but the total period cannot exceed two years.