What is Lokpal?

The Lokpal and Lokayuktas Act, 2013, often known as The Lokpal Act, was passed by the Indian Parliament in 2013. It is an anti-corruption bill. The Lokpal and Lokayuktas Bill, 2011, was tabled in Lok Sabha on December 22, 2011, and passed on December 27, 2011. It was introduced in the Rajya Sabha on December 29. Following some changes to the previous Bill, it was passed in the Rajya Sabha on December 17, 2013, and in the Lok Sabha the following day. It was signed on January 1, 2014, by then-President Pranab   Mukherjee, and took into effect on January 16, 2014.

What is Lokpal?

About Lokpal

The Lokpal is made up of a Chairperson and eight members. Four of the judicial members were former Chief Justices of various High Courts, while the remaining four were All India Services/Central Services personnel. The Chairperson and members bring to the table a depth of knowledge and ethics, which they have proved in past public positions. The Lokpal’s inaugural Chairperson is Shri Justice Pinaki Chandra Ghose, a former Supreme Court of India judge and member of the National Human Rights Commission.

Background

Laxmi Mall Singhvi, a member of parliament, coined the term Lokpal during a debate on grievance redress systems in 1963. Morarji Desai’s Administrative Reforms Commissions produced a report recommending the establishment of two special authorities, the Lokayuktas and Lokpal, to address public issues. Maharashtra was the first state to implement Lokayuktas, thanks to the Maharashtra Lokayuktas and the Upa-Lokayuktas Act of 1971.

In the states of Andhra Pradesh, Arunachal Pradesh, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tamil Nadu, and Tripura, there are currently no Lokayuktas. In 1968, the Lokpal Bill was first introduced in the Lok Sabha. The version that was passed in 2013 was based on a 2010 draught. The measure is a continuation of the Anti-Corruption Act of 1988. The bill was enacted in the midst of massive anti-corruption demonstrations across the country led by Anna Hazare.

Features of Lokpal

Some important features of Lokpal are as follows-

1. It aims to establish the Lokpal at the federal level and Lokayuktas at the state level, providing a national and state-level anti-corruption strategy. Prime Ministers, Ministers, Members of Parliament, and officers and officials of the Central Government from Groups A, B, C, and D are all subject to the Lokpal’s jurisdiction.
2. The Lokpal is made up of a chairperson and a maximum of eight members, half of whom must be judges.
3. The SCs, STs, OBCs, minorities, and women’s communities will make up around half of the Lokpal members.
4. The Selection Committee will be assisted by a Search Committee during the selection process. A minimum of 50% of the members of the Search Committee must come from the SCs, STs, OBCs, minorities, or women.
5. With subject matter exclusions and a unique process for addressing complaints against him/her, the Prime Minister has been brought under the Lokpal’s jurisdiction.
6. The Lokpal’s jurisdiction will extend to all categories of government officers and employees, including those in Group A, Group B, Group C, and Group D.
7. For instance, referred to as the Lokpal, the Lokpal will have the authority to supervise and instruct any investigation agency, including the CBI.
8. The appointment of the Director of the CBI would be recommended by a High-Powered Committee led by the Prime Minister.
9. It establishes definite timelines. It is three months for a preliminary investigation, which might be extended by three months. It is six months for an investigation, which can be prolonged by six months at a time. The trial period is one year, extendable by one year, and special courts must be established to do this.
10. The maximum penalty under the Prevention of Corruption Act is increased from seven to ten years. The minimum penalty under sections 7,8,9, and 12 of the Act has been increased to three years, but the minimum penalty under section 15 (punishment for attempt) has been reduced to two years.
11. The Lokpal has jurisdiction over institutions that are funded entirely or partially by the government, while institutions that are helped by governments are not.

Drawbacks

1. Lokpal cannot take action against a public servant on his own initiative.
2. The focus is on the form of the complaint rather than the content.
3. False and frivolous complaints against public workers may be punished harshly, which may discourage people from filing complaints with the Lokpal.
4. It is not permitted to make anonymous complaints.
5. Legal aid to the public servant who is the subject of the complaint
6. There is a seven-year time limit for filing complaints.
7. Procedures for dealing with complaints against the PM are quite opaque.

Related Links

1. Steps to Control Corruption
2. Powers and Functions of Lokpal and Lokayukta

FAQs on Lokpal

Q 1. What is the Lokpal and Lokayuktas Act 2013?

Answer-

The Lokpal Act is an anti-corruption legislation passed by the Indian Parliament in India. It applies to all public officials and covers the entire country. On December 27, 2011, and December 17, 2013, the bill was passed in both the Lok Sabha and the Rajya Sabha. The final assent of the President was received on January 1, 2014, and it went into effect on January 16, 2014.

Q 2. Which Indian state was the first to introduce Lokayuktas?

Answer-

The Maharashtra Lokayuktas and Upa-Lokayuktas Act of 1971 established Lokayuktas for the first time in India.

Q 3. Give a brief background on Lokpal.

Answer-

Laxmi Mall Singhvi, a member of parliament, coined the term Lokpal during a debate on grievance redressal systems in 1963. Morarji Desai’s Administrative Reforms Commissions produced a report recommending the establishment of two special authorities: Lokayuktas and Lokpal for the purpose of resolving citizen concerns. The Maharashtra Lokayuktas and Upa-Lokayuktas Act of 1971 was the first state to establish Lokayuktas.

Q 4. Which state was the first to enact Lokpal?

Answer-

The Maharashtra Lokayuktas and Upa-Lokayuktas Act of 1971 was the first state to establish Lokayuktas.

Q 5. What is Lokpal’s jurisdiction?

Answer-

Lokpal’s jurisdiction will extend to all categories of public personnel, including officers and employees in Groups A, B, C, and D.