Lokpal and Lokayuktas

  1. The Lokpal and Lokayuktas are statutory bodies established under the Lokpal and Lokayuktas Act, 2013.
  2. The primary purpose of these bodies is to address complaints of corruption against public functionaries.
  3. The Lokpal functions at the central level, while Lokayuktas operate at the state level.
  4. The idea of a Lokpal was first suggested by the Administrative Reforms Commission in 1966.
  5. The Lokpal and Lokayuktas Act was passed in December 2013 and came into force in January 2014.
  6. The Lokpal consists of a Chairperson and up to eight members.
  7. At least 50% of the members of the Lokpal must be from the categories of SCs, STs, OBCs, minorities, or women.
  8. 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.
  9. The members include judicial and non-judicial members.
  10. The President of India appoints the Lokpal on the recommendation of a selection committee.
  11. 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.
  12. The Lokpal has the authority to investigate complaints against the Prime Minister, Ministers, Members of Parliament, and other public servants.
  13. 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.
  14. The Lokpal can order a preliminary inquiry and, if required, refer the case to the Central Bureau of Investigation (CBI).
  15. The Lokpal can recommend disciplinary actions and even prosecution of guilty public servants.
  16. It has the authority to receive complaints from whistleblowers under the Whistleblower Protection Act, 2014.
  17. The Lokayuktas are appointed by state governments and function to investigate allegations of corruption at the state level.
  18. The structure and functioning of Lokayuktas vary across states as their establishment depends on respective state legislations.
  19. The Lokpal and Lokayuktas are independent bodies and are not under the control of any government department.
  20. The Lokpal has its headquarters in New Delhi.
  21. Both the Lokpal and Lokayuktas aim to strengthen the fight against corruption and promote transparency in governance.
  22. The jurisdiction of the Lokpal includes all public servants, but armed forces personnel are excluded.
  23. Public servants found guilty of corruption may face imprisonment, fines, and recovery of assets.
  24. The Act emphasizes the confiscation of proceeds of corruption.
  25. The Lokpal is empowered to recommend steps for preventive vigilance in government departments.
  26. While the Lokpal Act was a significant reform, the delay in appointing a Lokpal was criticized.
  27. The first Lokpal of India, Justice Pinaki Chandra Ghose, was appointed in March 2019.
  28. The Act has been praised for introducing provisions for filing complaints online, promoting ease of access.
  29. Challenges faced by the Lokpal include insufficient manpower, lack of financial independence, and delays in investigations.
  30. Many states are yet to establish functional Lokayuktas, affecting the effective implementation of anti-corruption measures.
  31. The Lokpal and Lokayuktas are instrumental in realizing the goals of good governance.
  32. They ensure accountability, reduce misuse of power, and curb corrupt practices in public administration.
  33. Advocates for reform suggest expanding the jurisdiction of the Lokpal to include private sector corruption.
  34. The establishment of Lokpal and Lokayuktas is seen as a step toward ensuring citizens' trust in governance.