By Categories: Polity

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 Maharashtra1971
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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