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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  • Context:-

    At the recently concluded Leaders’ Summit on Climate in April 2021, Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund plan that shall be offered to countries committed to arrest the decline of their tropical forests by 2030.

    [wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]

    What is LEAF Coalition?

    • Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund.
    • LEAF is supported by transnational corporations (TNCs) like Unilever plc, Amazon.com, Inc, Nestle, Airbnb, Inc as well as Emergent, a US-based non-profit.

    Why LEAF Coalition?

    • The world lost more than 10 million hectares of primary tropical forest cover last year, an area roughly the size of Switzerland.
    • Ending tropical and subtropical forest loss by 2030 is a crucial part of meeting global climate, biodiversity and sustainable development goals. Protecting tropical forests offers one of the biggest opportunities for climate action in the coming decade.
    • Tropical forests are massive carbon sinks and by investing in their protection, public and private players are likely to stock up on their carbon credits.
    • The LEAF coalition initiative is a step towards concretising the aims and objectives of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) mechanism.
    • REDD+ was created by the United Nations Framework Convention on Climate Change (UNFCCC). It monetised the value of carbon locked up in the tropical forests of most developing countries, thereby propelling these countries to help mitigate climate change.
    • It is a unique initiative as it seeks to help developing countries in battling the double-edged sword of development versus ecological commitment. 
    • The initiative comes at a crucial time. The tropics have lost close to 12.2 million hectares (mha) of tree cover last year according to global estimates released by Global Forest Watch.
    • Of this, a loss of 4.2 mha occurred within humid tropical primary forests alone. It should come as no surprise that most of these lost forests were located in the developing countries of Latin America, Africa and South Asia.
    • Brazil has fared dismally on the parameter of ‘annual primary forest loss’ among all countries. It has lost 1.7 mha of primary forests that are rich storehouse of carbon. India’s estimated loss in 2020 stands at 20.8 kilo hectares.

    Brazil & India 

    • Between 2002-2020, Brazil’s total area of humid primary forest reduced by 7.7 per cent while India’s reduced by 3.4 per cent.
    • Although the loss in India is not as drastic as in Brazil, its position is nevertheless precarious. For India, this loss is equivalent to 951 metric tonnes worth carbon dioxide emissions released in the atmosphere.
    • It is important to draw comparisons between Brazil and India as both countries have adopted a rather lackadaisical attitude towards deforestation-induced climate change. The Brazilian government hardly did anything to control the massive fires that gutted the Amazon rainforest in 2019.
    • It is mostly around May that forest fires peak in India. However, this year India, witnessed massive forest fires in early March in states like Odisha, Uttarakhand, Madhya Pradesh and Mizoram among others.
    • The European Union’s Copernicus Atmospheric Monitoring Service claimed that 0.2 metric tonnes of carbon was emitted in the Uttarakhand forest fires.

    According to the UN-REDD programme, after the energy sector, deforestation accounts for massive carbon emissions — close to 11 per cent — in the atmosphere. Rapid urbanisation and commercialisation of forest produce are the main causes behind rampant deforestation across tropical forests.

    Tribes, Forests and Government

    Disregarding climate change as a valid excuse for the fires, Indian government officials were quick to lay the blame for deforestation on activities of forest dwellers and even labelled them “mischievous elements” and “unwanted elements”.

    Policy makers around the world have emphasised the role of indigenous tribes and local communities in checking deforestation. These communities depend on forests for their survival as well as livelihood. Hence, they understand the need to protect forests. However, by posing legitimate environmental concerns as obstacles to real development, governments of developing countries swiftly avoid protection of forests and rights of forest dwellers.

    For instance, the Government of India has not been forthcoming in recognising the socio-economic, civil, political or even cultural rights of forest dwellers. According to data from the Union Ministry of Tribal Affairs in December, 2020 over 55 per cent of this population has still not been granted either individual or community ownership of their lands.  

    To make matters worse, the government has undertaken systematic and sustained measures to render the landmark Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ineffective in its implementation. The Act had sought to legitimise claims of forest dwellers on occupied forest land.

    Various government decisions have seriously undermined the position of indigenous people within India. These include proposing amendments to the obsolete Indian Forest Act, 1927 that give forest officials the power to take away forest dwellers’ rights and to even use firearms with impunity.

    There is also the Supreme Court’s order of February, 2019 directing state governments to evict illegal encroachers of forest land or millions of forest dwellers inhabiting forests since generations as a measure to conserve wildlife. Finally, there is the lack of data on novel coronavirus disease (COVID-19) deaths among the forest dwelling population;

    Tardy administration, insufficient supervision, apathetic attitude and a lack of political intent defeat the cause of forest dwelling populations in India, thereby directly affecting efforts at arresting deforestation.

    Way Forward

    • Implementation of the LEAF Coalition plan will help pump in fresh rigour among developing countries like India, that are reluctant to recognise the contributions of their forest dwelling populations in mitigating climate change.
    • With the deadline for proposal submission fast approaching, India needs to act swiftly on a revised strategy.
    • Although India has pledged to carry out its REDD+ commitments, it is impossible to do so without seeking knowledge from its forest dwelling population.

    Tuntiak Katan, a global indigenous leader from Ecuador and general coordinator of the Global Alliance of Territorial Communities, aptly indicated the next steps at the Climate Summit:

    “The first step is recognition of land rights. The second step is the recognition of the contributions of local communities and indigenous communities, meaning the contributions of indigenous peoples.We also need recognition of traditional knowledge practices in order to fight climate change”

    Perhaps India can begin by taking the first step.