Lokpal & Lokayukta — All that you need to know
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.
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).
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
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 |
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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Petrol in India is cheaper than in countries like Hong Kong, Germany and the UK but costlier than in China, Brazil, Japan, the US, Russia, Pakistan and Sri Lanka, a Bank of Baroda Economics Research report showed.
Rising fuel prices in India have led to considerable debate on which government, state or central, should be lowering their taxes to keep prices under control.
The rise in fuel prices is mainly due to the global price of crude oil (raw material for making petrol and diesel) going up. Further, a stronger dollar has added to the cost of crude oil.
Amongst comparable countries (per capita wise), prices in India are higher than those in Vietnam, Kenya, Ukraine, Bangladesh, Nepal, Pakistan, Sri Lanka, and Venezuela. Countries that are major oil producers have much lower prices.
In the report, the Philippines has a comparable petrol price but has a per capita income higher than India by over 50 per cent.
Countries which have a lower per capita income like Kenya, Bangladesh, Nepal, Pakistan, and Venezuela have much lower prices of petrol and hence are impacted less than India.
“Therefore there is still a strong case for the government to consider lowering the taxes on fuel to protect the interest of the people,” the report argued.
India is the world’s third-biggest oil consuming and importing nation. It imports 85 per cent of its oil needs and so prices retail fuel at import parity rates.
With the global surge in energy prices, the cost of producing petrol, diesel and other petroleum products also went up for oil companies in India.
They raised petrol and diesel prices by Rs 10 a litre in just over a fortnight beginning March 22 but hit a pause button soon after as the move faced criticism and the opposition parties asked the government to cut taxes instead.
India imports most of its oil from a group of countries called the ‘OPEC +’ (i.e, Iran, Iraq, Saudi Arabia, Venezuela, Kuwait, United Arab Emirates, Russia, etc), which produces 40% of the world’s crude oil.
As they have the power to dictate fuel supply and prices, their decision of limiting the global supply reduces supply in India, thus raising prices
The government charges about 167% tax (excise) on petrol and 129% on diesel as compared to US (20%), UK (62%), Italy and Germany (65%).
The abominable excise duty is 2/3rd of the cost, and the base price, dealer commission and freight form the rest.
Here is an approximate break-up (in Rs):
a)Base Price | 39 |
b)Freight | 0.34 |
c) Price Charged to Dealers = (a+b) | 39.34 |
d) Excise Duty | 40.17 |
e) Dealer Commission | 4.68 |
f) VAT | 25.35 |
g) Retail Selling Price | 109.54 |
Looked closely, much of the cost of petrol and diesel is due to higher tax rate by govt, specifically excise duty.
So the question is why government is not reducing the prices ?
India, being a developing country, it does require gigantic amount of funding for its infrastructure projects as well as welfare schemes.
However, we as a society is yet to be tax-compliant. Many people evade the direct tax and that’s the reason why govt’s hands are tied. Govt. needs the money to fund various programs and at the same time it is not generating enough revenue from direct taxes.
That’s the reason why, govt is bumping up its revenue through higher indirect taxes such as GST or excise duty as in the case of petrol and diesel.
Direct taxes are progressive as it taxes according to an individuals’ income however indirect tax such as excise duty or GST are regressive in the sense that the poorest of the poor and richest of the rich have to pay the same amount.
Does not matter, if you are an auto-driver or owner of a Mercedes, end of the day both pay the same price for petrol/diesel-that’s why it is regressive in nature.
But unlike direct tax where tax evasion is rampant, indirect tax can not be evaded due to their very nature and as long as huge no of Indians keep evading direct taxes, indirect tax such as excise duty will be difficult for the govt to reduce, because it may reduce the revenue and hamper may programs of the govt.