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- The Lokpal and Lokayuktas are statutory bodies established under the Lokpal and Lokayuktas Act, 2013.
- The primary purpose of these bodies is to address complaints of corruption against public functionaries.
- The Lokpal functions at the central level, while Lokayuktas operate at the state level.
- The idea of a Lokpal was first suggested by the Administrative Reforms Commission in 1966.
- The Lokpal and Lokayuktas Act was passed in December 2013 and came into force in January 2014.
- The Lokpal consists of a Chairperson and up to eight members.
- At least 50% of the members of the Lokpal must be from the categories of SCs, STs, OBCs, minorities, or women.
- The Chairperson of the Lokpal can be a current or former Chief Justice of India, a Supreme Court judge, or an eminent person with experience in anti-corruption.
- The members include judicial and non-judicial members.
- The President of India appoints the Lokpal on the recommendation of a selection committee.
- The selection committee comprises the Prime Minister (Chairperson), the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or a nominated Supreme Court judge, and an eminent jurist.
- The Lokpal has the authority to investigate complaints against the Prime Minister, Ministers, Members of Parliament, and other public servants.
- However, the Prime Minister is subject to investigation only under specific circumstances, such as allegations related to international relations, external or internal security, public order, or atomic energy.
- The Lokpal can order a preliminary inquiry and, if required, refer the case to the Central Bureau of Investigation (CBI).
- The Lokpal can recommend disciplinary actions and even prosecution of guilty public servants.
- It has the authority to receive complaints from whistleblowers under the Whistleblower Protection Act, 2014.
- The Lokayuktas are appointed by state governments and function to investigate allegations of corruption at the state level.
- The structure and functioning of Lokayuktas vary across states as their establishment depends on respective state legislations.
- The Lokpal and Lokayuktas are independent bodies and are not under the control of any government department.
- The Lokpal has its headquarters in New Delhi.
- Both the Lokpal and Lokayuktas aim to strengthen the fight against corruption and promote transparency in governance.
- The jurisdiction of the Lokpal includes all public servants, but armed forces personnel are excluded.
- Public servants found guilty of corruption may face imprisonment, fines, and recovery of assets.
- The Act emphasizes the confiscation of proceeds of corruption.
- The Lokpal is empowered to recommend steps for preventive vigilance in government departments.
- While the Lokpal Act was a significant reform, the delay in appointing a Lokpal was criticized.
- The first Lokpal of India, Justice Pinaki Chandra Ghose, was appointed in March 2019.
- The Act has been praised for introducing provisions for filing complaints online, promoting ease of access.
- Challenges faced by the Lokpal include insufficient manpower, lack of financial independence, and delays in investigations.
- Many states are yet to establish functional Lokayuktas, affecting the effective implementation of anti-corruption measures.
- The Lokpal and Lokayuktas are instrumental in realizing the goals of good governance.
- They ensure accountability, reduce misuse of power, and curb corrupt practices in public administration.
- Advocates for reform suggest expanding the jurisdiction of the Lokpal to include private sector corruption.
- The establishment of Lokpal and Lokayuktas is seen as a step toward ensuring citizens' trust in governance.