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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[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]2021 WEF Global Gender Gap report, which confirmed its 2016 finding of a decline in worldwide progress towards gender parity.
Over 2.8 billion women are legally restricted from having the same choice of jobs as men. As many as 104 countries still have laws preventing women from working in specific jobs, 59 countries have no laws on sexual harassment in the workplace, and it is astonishing that a handful of countries still allow husbands to legally stop their wives from working.
Globally, women’s participation in the labour force is estimated at 63% (as against 94% of men who participate), but India’s is at a dismal 25% or so currently. Most women are in informal and vulnerable employment—domestic help, agriculture, etc—and are always paid less than men.
Recent reports from Assam suggest that women workers in plantations are paid much less than men and never promoted to supervisory roles. The gender wage gap is about 24% globally, and women have lost far more jobs than men during lockdowns.
The problem of gender disparity is compounded by hurdles put up by governments, society and businesses: unequal access to social security schemes, banking services, education, digital services and so on, even as a glass ceiling has kept leadership roles out of women’s reach.
Yes, many governments and businesses had been working on parity before the pandemic struck. But the global gender gap, defined by differences reflected in the social, political, intellectual, cultural and economic attainments or attitudes of men and women, will not narrow in the near future without all major stakeholders working together on a clear agenda—that of economic growth by inclusion.
The WEF report estimates 135 years to close the gap at our current rate of progress based on four pillars: educational attainment, health, economic participation and political empowerment.
India has slipped from rank 112 to 140 in a single year, confirming how hard women were hit by the pandemic. Pakistan and Afghanistan are the only two Asian countries that fared worse.
Here are a few things we must do:
One, frame policies for equal-opportunity employment. Use technology and artificial intelligence to eliminate biases of gender, caste, etc, and select candidates at all levels on merit. Numerous surveys indicate that women in general have a better chance of landing jobs if their gender is not known to recruiters.
Two, foster a culture of gender sensitivity. Take a review of current policies and move from gender-neutral to gender-sensitive. Encourage and insist on diversity and inclusion at all levels, and promote more women internally to leadership roles. Demolish silos to let women grab potential opportunities in hitherto male-dominant roles. Work-from-home has taught us how efficiently women can manage flex-timings and productivity.
Three, deploy corporate social responsibility (CSR) funds for the education and skilling of women and girls at the bottom of the pyramid. CSR allocations to toilet building, the PM-Cares fund and firms’ own trusts could be re-channelled for this.
Four, get more women into research and development (R&D) roles. A study of over 4,000 companies found that more women in R&D jobs resulted in radical innovation. It appears women score far higher than men in championing change. If you seek growth from affordable products and services for low-income groups, women often have the best ideas.
Five, break barriers to allow progress. Cultural and structural issues must be fixed. Unconscious biases and discrimination are rampant even in highly-esteemed organizations. Establish fair and transparent human resource policies.
Six, get involved in local communities to engage them. As Michael Porter said, it is not possible for businesses to sustain long-term shareholder value without ensuring the welfare of the communities they exist in. It is in the best interest of enterprises to engage with local communities to understand and work towards lowering cultural and other barriers in society. It will also help connect with potential customers, employees and special interest groups driving the gender-equity agenda and achieve better diversity.