Lokpal & Lokayukta — All that you need to know
Lokpal is a statutory body (NOT constitutional). It is India’s national anti-corruption ombudsman, established under the Lokpal and Lokayuktas Act, 2013.
1. Origin and Background
- Concept borrowed from Sweden’s Ombudsman institution (Scandinavian origin).
- The term “Lokpal” was coined by Dr. L.M. Singhvi in 1963.
- First Administrative Reforms Commission (ARC), 1966–70 — chaired by Morarji Desai — first recommended setting up a Lokpal at the Centre and Lokayuktas in states.
- The First Lokpal Bill was introduced in Parliament in 1968 (Indira Gandhi government) — lapsed with dissolution of Lok Sabha.
- Bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, 2008 — all lapsed.
- Anna Hazare movement (2011) demanding Jan Lokpal Bill renewed public pressure.
- The Lokpal and Lokayuktas Act, 2013 was finally passed — came into force on 16 Jan 2014.
Prelims Fact: It took 45 years and 9 attempts (1968–2013) for a Lokpal law to finally be enacted in India.
2. Lokpal — Composition
| Feature | Detail |
|---|---|
| Nature | Multi-member statutory body |
| Composition | 1 Chairperson + up to 8 Members |
| Judicial Members | Minimum 50% of all members must be judicial members |
| SC/ST/OBC/Minorities/Women | Minimum 50% of members must be from these categories |
| Chairperson Eligibility | Former CJI OR former SC Judge OR eminent person with 25+ years in anti-corruption matters |
| Member Eligibility | Judicial: Former SC judge. Non-judicial: Eminent person with same qualifications as Chairperson |
3. Lokpal — Appointment
- Appointed by the President of India on the recommendation of a Selection Committee.
Selection Committee
| Member | Role |
|---|---|
| Prime Minister | Chairperson |
| Speaker of Lok Sabha | Member |
| Leader of Opposition in Lok Sabha | Member |
| Chief Justice of India (or SC Judge nominated by CJI) | Member |
| One eminent jurist (nominated by President on recommendation of above four) | Member |
- A Search Committee (8 members; at least 50% from SC/ST/OBC/minorities/women) assists the Selection Committee in preparing a panel of names.
4. Lokpal — Term, Salary & Removal
| Feature | Detail |
|---|---|
| Term of Office | 5 years or age of 70 years, whichever is earlier |
| Re-appointment | Not eligible for reappointment |
| Chairperson Salary | Equal to Chief Justice of India |
| Member Salary | Equal to a Judge of the Supreme Court |
| Removal | By President on address by each House of Parliament — majority of total membership AND 2/3 of members present and voting (same as SC Judge removal) |
5. Lokpal — Jurisdiction
- The Prime Minister (with significant restrictions — see below)
- Union Ministers
- Members of Parliament
- Officers of Groups A, B, C, D of the Central Government
- Chairpersons, members, officers and directors of Central Government bodies, boards, corporations, societies, trusts, autonomous bodies
- Any person associated with an NGO receiving over Rs. 10 lakh annually from foreign sources OR over Rs. 1 crore from the Central Government
PM — Restrictions on Inquiry
Important: The PM can be investigated by Lokpal — but NOT for matters relating to:
- International relations
- External and internal security
- Public order
- Atomic energy
- Space
Also: Inquiry against PM must be approved by full bench of Lokpal (all members) and proceedings must be held in camera (secret).
Not Under Lokpal Jurisdiction: MPs cannot be investigated for their conduct inside Parliament — covered under Article 105 parliamentary privileges.
6. Lokpal — Powers and Functions
- Can receive and inquire into complaints of corruption against public servants.
- Has its own Inquiry Wing (Director of Inquiry) and Prosecution Wing (Director of Prosecution).
- Has powers of a civil court for inquiries.
- Can order CBI investigation; investigating officer cannot be transferred without Lokpal’s approval once a case is referred.
- Superintendence over CBI only in cases referred to it — not general superintendence.
- Can attach and confiscate assets of public servants while inquiry is pending.
- Complaints must be filed within 7 years of the alleged offence.
- False and frivolous complaints: complainant may be penalised up to Rs. 1 lakh fine.
7. First Lokpal of India
Prelims Fact: Justice Pinaki Chandra Ghose (retired SC Judge) was appointed as the first Lokpal of India in March 2019 — a full 5 years after the Act came into force.
8. Lokayukta
| Feature | Detail |
|---|---|
| Nature | State-level anti-corruption ombudsman |
| Constitutional Status | NOT mentioned in the Constitution |
| Established by | State legislation |
| First State | Maharashtra — 1971 |
| Second State | Bihar — 1973 |
| Mandate under 2013 Act | States must establish Lokayukta within 1 year of the Act coming into force |
| Uniformity | No uniform structure — each state has its own law |
Note on Odisha: Odisha was first to pass a bill for Lokayukta (1970), but Maharashtra was first to actually establish and operationalise it (1971).
9. Key Committees Related to Lokpal
| Committee / Commission | Year | Recommendation |
|---|---|---|
| First ARC (Morarji Desai) | 1966 | Recommended Lokpal at Centre and Lokayukta in states |
| L.M. Singhvi Committee | 1971 | Coined the term “Lokpal”; detailed recommendations on structure |
| Sarkaria Commission | 1983 | Recommended Lokayukta in every state |
| Second ARC (Veerappa Moily) | 2005 | Strongly recommended an independent Lokpal with wide jurisdiction |
10. Quick Comparison — Lokpal vs. CVC
| Feature | Lokpal | CVC |
|---|---|---|
| Nature | Statutory (2013) | Statutory (2003) |
| Scope | Elected representatives + bureaucrats | Only bureaucrats (Group A & B) |
| PM in jurisdiction | Yes (with restrictions) | No |
| Ministers / MPs | Yes | No |
| Prosecution power | Yes (own Prosecution Wing) | No (advisory role only) |
| CBI relationship | Superintendence in referred cases | General superintendence over CBI |
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