Lokpal
- What is it?: Lokpal and Lokayukta are public institutions established in India to investigate and prosecute corruption among public officials.
- Formation: Established by Lokpal and Lokayuktas Act,2013.
- Composition
- The Lokpal will consist of a chairperson and a maximum of eight members.
- The chairperson should have been a Chief Justice of India or is or has been a judge of the Supreme Court or an eminent person who fulfills the eligibility criteria as specified.
- 50% are to be judicial members, provided that not less than 50% belong to the Scheduled Castes, Scheduled Tribes, OBCs, minorities, and women.
- Term: 5 years/ 70 years of age
- The Selection Committee Consists of
- Prime Minister (Chairperson),
- Lok Sabha Speaker,
- Leader of the Opposition,
- Chief Justice of India
- An Eminent jurist nominated by the President.
- Conditions of Service for Lokpal and Its Members
- The Salary allowances and other conditions of service of the chairperson and members are equivalent to those of Chief Justice of India and Judge of the Supreme Court respectively.
- They are not eligible for reappointment and cannot hold any constitutional or governmental office.
- They cannot contest any elections for 5 years.
- Jurisdiction of Lokpal
- The jurisdiction of Lokpal includes the Prime Minister, Ministers, members of Parliament, Groups A, B, C, and D officers and officials of the Central Government.
- The jurisdiction of the Lokpal included the Prime Minister except on allegations of corruption relating to international relations, security, public order, atomic energy, and space.
- The Lokpal does not have jurisdiction over Ministers and MPs in the matter of anything said in Parliament or a vote given there.
- Its jurisdiction also includes any person who is or has been in charge (director/ manager/ secretary) of anybody/ society set up by a central act or any other body financed/ controlled by central government and any other person involved in an act of abetting, bribe giving or bribe-taking.
- The Lokpal Act mandates that all public officials should furnish their assets and liabilities of themselves as well as their respective dependents.
- It has the power to superintendence over, and to give direction to CBI.
- The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.
- Lokpal has powers of confiscation of assets, proceeds, receipts, and benefits arising or procured utilizing corruption in special circumstances.
- Lokpal has the power to recommend the transfer or suspension of public servants connected with allegations of corruption.
- Lokpal has the power to give directions to prevent the destruction of records during the preliminary inquiry.
Lokayukta
- What is it?
- The Lokayukta is the Indian Parliamentary Ombudsman, executed into power, through and for, each of the State Governments of India.
- It is an anti-corruption authority. The object of Lokayukta system in a state is to make investigation of grievances, allegations against public servants.
- Origin:
- The origin of the Lokayukta can be drawn to the Ombudsman in Scandinavian countries.
- In India, the Administrative Reforms Commission, (1966-70), had recommended the creation of the Lokpal at the Centre and Lokayukta in the states.
- Before the passing of the Lokpal and Lokayuktas Act in 2013, several states in India passed laws for creating the Institution of ‘Lokayukta’.
- Maharashtra was first in this respect with its Lokayukta body established in 1971.
- Appointment: The lokayukta and upalokayukta are appointed by the Governor of the state. While appointing, the governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly.
- Tenure: In most of the states, the term of office fixed for lokayukta is of 5 years duration or 65 years of age, whichever is earlier. He is not eligible for reappointment for a second term.