Lokpal and Lokayukta – Indian Polity Notes

Lokpal is envisaged as Apex Anti Graft Ombudsman Of India. Who is to investigate corruption charges against “public servants”, the term public servants is very wide in context of Lokpal and Lokayukta Act 2013, it apart from including all employees under government also includes ministers including Prime Minister at union level and Chief Minister at state level. This institution is envisaged to be independent of influence by the executive.

What is Lokpal and Lokayukta?

Lokpal is anti corruption ombudsman. It is different from CVC in sense that it covers even top ranking executives & ministers including the Prime Minister. Similar work will be done by the Lokayukta in state, which will have wider jurisdiction including over Chief Minister etc.

Historical Background: 

Idea of institution of ombudsman was coined by  then Finance Minister, Ashok Kumar Sen in his budgetary speech in 1963. During discussion on that the term ‘Lokpal’ was coined by L M Singhvi.

First Administrative Reform Commission 1966, National Commission to Review Working of Constitution 2002, Second Administrative Reform Commission 2005, these all were of opinion that there shall be an institution of ombudsman to check corruption in the Government.

It took 8 attempts by successive governments to get this passed but was stalled in parliament. Mainly due to apprehensions about working of this institution in mind of the members of parliament.

Towards end of UPA Governments second tenure, Anna Hazare, a retired armyman led massive campaign for peoples ombudsman (Jan Lokpal). Finally Government bowed down to the campaign and appointed a committee comprising government officials and members of campaign, to draft the bill.

Bill was presented in 2011 but was passed in 2013 from both houses and finally came into force in 2014. Appointment of Lokpal was made in March 2019.

Lokayukta in States:

Institutions of Lokayukta exists at state level much before, Maharashtra was first state to have Lokayukta. Since the acts passed by state legislature, there isn’t common nomenclature or powers, variation can be seen across the states.

Eg. Maharashtra, Rajasthan, Karanataka, Andhra Pradesh has offices of both Lokayukta and Upalokayukta. While states like Himachal and Uttar Pradesh there are only Lokayuktas. State like Punjab call the institution at state level as Lokpal.

Though all state provide for appointment of Lokayukta and it’s members by the Governor but there is no similarity in provisions pertaining to qualifications. Some states have provision for judicial members while some give no specific qualifications requirements.

In almost all states they have tenure of 5 years or until age of 65. And they are not eligible for reappointment.

There is variations in powers granted to this institution. Like in some state it can take up suo-moto investigation, while in some states like Assam it has no suo-moto investigation powers, it has to act only on complaints received.

Politicians have apprehensions about working of Lokayukta.

Composition: 

Act provide for composition of Lokpal as Chairperson and not more than 8 members.

Appointment:

Lokpal is appointed by the President on recommendations of committee comprising:

• Prime Minister
• Speaker of Lok Sabha
• Leader of opposition/ Single largest party in opposition in Lok Sabha (only if office of Leader of Opposition is vacant).
• Chief Justice of India or any senior Supreme Court judge.
• One eminent jurist.

Term:

Members of Lokpal continues to hold office for 5 years or until age of 70 years of age whichever is earlier.

Salaries, allowances and conditions of office of Chairperson of Lokpal are equivalent to Chief Justice of India and of other members are equivalent to Supreme Court Judges.

Eligibility:

For Chairperson:

• Either the former Chief Justice of India OR
• the former Judge of Supreme Court OR
• an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.

For Members:

• Out of 8 members, 4 shall be judicial members.
  • Judicial members shall be either retired Supreme Court Judge or Chief Justice of High Court
• Half will be from SC/ ST/ OBC/ Minorities/ Women.
• The non-judicial member should be an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years.

Removal:

Chairperson or members of Lokpal can be removed form the office by the President upon receipt of report of inquiry committee comprising CJI and two senior Supreme Court Judges.

Functions and Powers:

• Superintendence over and give directions to Central Bureau of Investigation (CBI).
• Authorise CBI for search and seizure operations connected to such case.
• While hearing complaints, it have all power of a civil court.
• In cases transferred to CBi for investigation by Lokpal, the investigative officer cannot be transferred without approval of Lokpal.
• It also recommends transfer/suspension of officials connected with allegations of corruption 

Jurisdiction:

It covers all ‘public servants’ at Central level. It includes all minister including Prime Minister, all class – A/B/C/D employees of central government, Members of Parliament, Public Sector Undertakings (PSUs) staff etc.

It doesn’t have jurisdiction over judiciary, armed forces and coast guard.

Limitations:

• It has no suo-moto powers. In order to cause an inquiry, someone has to file complaint with the Lokpal.
• It cannot conduct inquiry against itself. 
• Doesn’t have cadre of officials of its own.
• There are no criteria to decide who is an ‘eminent jurist’ or ‘a person of integrity’ which leaves scope for misinterpretation.
• The Lokpal and Lokayukta Act 2013 failed to provide any kind of concrete immunity to the whistle-blowers.
• The Lokpal does not have any constitutional backing. Institution as powerful as Lokpal shall have constitutional Status.
• The states have complete discretion with respect to the specific details in relation to the appointment of Lokayukta.
• States where, Lokayukta exists, the institution is burdened with fake complaint where scrutinizing complaint is huge task.
• Though Lokayukta was envisaged as anti-corruption ombudsman, the office received plethora of complaints regarding misgovernance, Administrative issues etc. 
• It given unnecessary huge scope to Lokpal making it so powerful institution. It could emerge as another power centre against elected government out of its interest.  

Way Forward:

Lokpal has to depend upon CBI for investigation, in light of past controversies in CBI, the Lokpal shall be given its own dedicated cadre otherwise it could be ‘another caged parrot’  as Supreme Court as observed.

There shall be a mechanism put in place to maintain secrecy with respect to complains received, like if complaint against the prime minister is leaked, it would cause huge uproar in the country. It can also lead to media trial. This might lead to people filing fake cases against high officials, just to malign them.

In recent times, several states have revoked general consent given to CBI to conduct investigations in state. In a situation wherein a complaint is referred to Lokayukta by Lokpal to conduct inquiry. CBI in such cases might not be able to conduct investigations as it will need special consent. A provision shall be put in place to prohibit this scenario.

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