Lokpal and Lokayuktas are established under the Lokpal and Lokayukta Act of 2013. These are statutory organisations with no constitutional status. They serve as a "ombudsman," probing corruption allegations against individual public officials as well as other pertinent problems. A report prepared by the Administrative Reforms Commissions under Morarji Desai suggested the establishment of the Lokayukta and Lokpal special authorities to address public complaints. 

There have been questions on the topic of the Lokpal and Lokayuktas in the UPSC exams earlier. This article is useful for Prelims 2023 preparation and UPSC Mains 2023 as well.

Lokpal and Lokayuktas - Historical Background

• There is a lengthy history between the Lokpal and the Lokayukta. The Lokpal and Lokayukta principles are not unique to India.
• In 1809, Sweden founded the Ombudsman institution, and the concept of an ombudsman was developed. Following World War II, the institution of ombudsman expanded and evolved considerably.
• In India, the former law minister Ashok Kumar Sen became the first Indian to propose the concept of constitutional Ombudsman in Parliament in the early 1960s.
• L.M. Singvi coined the term Lokpal in 1963. It comes from a Sanskrit term that means "protector of people."
• The LokPal Bill was introduced eight times in parliament but never passed.
• In 1971, Maharashtra became the first Indian state to establish a Lokayukta to oversee corruption in various agencies.
• The United Nations Convention Against Corruption has been signed by India.
• The government's commitment to provide clean and responsive governance is shown in the passage of legislation and the establishment of the Lokpal body to prevent and punish corruption.

Commission and Movements which Recommended for Establisment of Lokpal and Lokayuktas

• In 1966, the First Administrative Reforms Commission advocated the establishment of two independent authorities, one at the national level and the other at the state level, to investigate complaints against public officials, including MPs. Morarji Desai was in charge of this commission.
• In 2002, the Commission to Review the Working of the Constitution, chaired by Shri M.N. Venkatachiliah, suggested that the Prime Minister be excluded from the authority's purview.
• In 2005, the 2nd ARC, chaired by Shri Veerappa Moily, proposed that the Lok Pal office be established as soon as possible.
• In 2011, the well-known Anna Movement for Lokpal was launched.

Timeline of Lokpal and Lokayukta Act, 2013

• In 2013, both houses of Parliament enacted the Lokpal and Lokayuktas Bill, 2011.
• The Lokpal and Lokayuktas Act, 2013, went into effect on January 16, 2014.
• In 2016, the Lokpal and Lokayuktas Act, 2013, was revised to close a minor gap.
• Meetings of the Selection Committee pursuant to section 4(1) of the Lokpal and Lokayuktas Act, 2013 were held in March and April 2018 following the intervention of the Supreme Court.
• On March 19, 2019, Justice (Retd) Pinaki Chandra Ghose was appointed as India's first Lokpal, along with eight judicial and non-judicial members.
• In March 2020, the Lokpal announced rules and a structure for registering complaints.
• The Lokpal and Lokayuktas Act 2013: It aims to create the institutions of the Lokpal at the federal level and the Lokayukta at the state level, creating a unified vigilance system and anti-corruption road map for the country at both the federal and state levels

Lokpal and Lokayuktas

• The Lokpal is the first institution of its kind in independent India, established under the Lokpal and Lokayuktas Act 2013 to inquire into and examine charges of corruption against public officials who fit within the scope and ambit of the Act.
• India's Lokpal is dedicated to addressing citizens' complaints and aspirations for clean governance. It must use all of its powers to promote the public interest within its authority and to remove corruption in public life.
• In cases of alleged corruption, the Lokpal provides a mechanism for swift and unbiased investigation and prosecution.
• There are no limitations on who can file a complaint.

Composition & Eligibility of Lokpal and Lokayukta

• Composition: The Lokpal panel must have a chairperson and a maximum of eight members, according to the Act.
• Four of them must be judicial members.

Eligibility

• Chairperson of Lokpal: A person must have served as Chief Justice of India, a Supreme Court judge, or a distinguished person with special knowledge and expertise in the areas of anti-corruption policy, public administration, vigilance, finance, law, and management for at least twenty-five years.
• Lokpal Judicial Member: The applicant must have served as a judge on the Supreme Court or as the Chief Justice of the High Court.
• Other Lokpal Members: Eminent persons with at least twenty-five years of specific knowledge and competence in anti-corruption policy, public administration, vigilance, finance, law, and management.
• At least half of the Lokpal members must be from Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, and women.
• For the position of Lokayukta: A former Chief Justice of the High Court or a former Supreme Court judge normally serves as the Lokayukta.

Selection Committee - Lokpal

• The members are appointed by the president on the recommendation of a Selection Committee comprises of:
  • The Prime Minister is the Chairperson; 
  • Speaker of Lok Sabha, 
  • Leader of Opposition in Lok Sabha, 
  • Chief Justice of India or a Judge nominated by him/her and One eminent jurist.
• For selecting the chairperson and the members, the selection committee constitutes a selection panel of at least eight persons.

​Selection Committee - Lokayukta

• The Chief Minister selects a person as the Lokayukta after consultation with the 
  • High Court Chief Justice, 
  • the Speaker of the Legislative Assembly, 
  • the Chairman of the Legislative Council, 
  • Leader of Opposition in both the Houses of State Legislature. 
• The appointment is then made by the Governor.
• Once appointed, Lokpal and Lokayukta cannot be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion.

Term of Office of the Members of Lokpal and Lokayukta

The President of India appoints the Chairperson and Members by warrant under his hand and seal, and they serve for a period of five years from the date of their appointment or until they reach the age of 70, whichever is earlier.

Salary and allowances of the Members of Lokpal and Lokayukta

• The Chairperson's salary, allowances, and other working conditions are similar to those of the Chief Justice of India.
• Members' salaries, allowances, and other working conditions are similar to those of a Supreme Court Judge.

Lokayuktas in State

• The States have to set up Lokayuktas.
• Aim: To deal with charges against their own officials.
• Jurisdiction of Lokayuktas: All state government personnel, including religious institutions, as well as the governor, ministers, and MLAs.
• Almost all states had established Lokayukta as a statutory entity with a definite tenure even before the Lokpal and Lokayukta Act of 2013 was enacted.
• The Lokayukta can be approached directly by members of the public with allegations of corruption, nepotism, or any other type of maladministration.
• Note: The Government of India dissolved eight state commissions, including the J&K Accountability Commission, following the abrogation of Jammu and Kashmir's semi-autonomous status and statehood on 5 August 2019.
• States were also required to appoint a Lokayukta within a year of the Lokpal Act taking effect. However, the Lokayukta has been constituted in only 16 states.

Function and Jurisdiction of Lokpal and Lokayukta

• Investigate: Anyone who is or has been Prime Minister, a Minister in the Union government, or a Member of Parliament, as well as officers of the Union Government in Groups A, B, C, and D, are eligible to be investigated by the Lokpal.
• If the allegations against the Prime Minister are related to foreign relations, external and internal security, public order, atomic energy, or space, the Lokpal cannot investigate.
• Also, complaints against the Prime Minister will not be investigated until the complete Lokpal bench recommends launching an investigation and at least two-thirds of the members accept it.
• If an investigation into the Prime Minister is underway, it should be conducted in secret. If the Lokpal decides that the complaint should be rejected, the investigation's documents are not to be published or made available to the public.
• Lokpal is also applied to the chairpersons, members, executives, and directors of any board, corporation, society, trust, or autonomous organization created by an Act of Parliament and supported entirely or partially by the Union or State governments. It also applies to any society, trust, or body that accepts a foreign gift of more than ten lakh rupees.
• Within 60 days, the Inquiry Wing or any other body must finish its preliminary investigation and submit a report to the Lokpal. Before presenting its report, it must obtain feedback from both the public servant and "the competent authority." Each kind of public servant will have a "competent authority" as defined by the Act.
• The Lokpal has the authority to recommend the transfer or suspension of a public official who has been accused of corruption.
• Lokpal has the authority to issue orders prohibiting the destruction of records during the preliminary investigation.
• Search and Seizure: The Lokpal has the authority of search and seizure, as well as powers under the Civil Procedure Code to undertake preliminary inquiries and investigations, as well as the power to attach assets and take other measures to combat corruption.
• Supervise and Instruct: For cases submitted to them by the Lokpal, the Lokpal will have the authority to supervise and instruct any central investigating agency, including the CBI.

Branches of Lokpal

• Lokpal will have two primary branches via which it would carry out its tasks.
• Administrative Branch: The administrative branch will be led by a Secretary to the Government of India and will include the following departments:
• An officer not lower than the rank of Additional Secretary to the Government of India will lead the inquiry/investigation brancThe prosecution wing would be led by an officer with the rank of Additional Secretary to the Government of India.
• Judicial Branch: The Judicial Branch will be led by a judge of appropriate rank who will help the Lokpal in carrying out their judicial duties.

What is the Need of Lokpal and Lokayuktas

• Maladministration: It erodes a nation's foundation like a termite over time and prevents administration from doing its job. This issue is primarily caused by corruption.
• Independent organisations: Most anti-corruption organisations virtually ever function independently. Even the Supreme Court has referred to the CBI as "its master's voice" and a "caged parrot."
• Advisory organisations: The advice of many of these organisations is rarely acted upon because they are only advisory groups with no real authority.
• The issue of internal accountability and openness also exists. Additionally, there is no distinct and efficient way to hold these institutions accountable.
• Against corruption: The creation of an independent Lokpal and Lokayukta organisations was a significant development in Indian political history that provided a defence against the corruption problem that would not go away.

Limitations of Lokpal and Lokayukta

• The Lokpal was a tool utilized in India's governmental system to tackle corruption. There are, however, certain defects and holes that must be remedied.
• The Lokpal selection process is skewed because there are no guidelines for deciding who is an "eminent jurist" or "a person of integrity."
• There are no proper procedures for appealing Lokpal's actions.
• The Lokpal and Lokayukta Act also stipulates that no complaint against corruption can be filed until a period of seven years has passed from the date on which the alleged offense was committed.
• The appointing committee for Lokpal is made up of political party representatives who try to sway Lokpal's choices.
• Parliament enacted the Lokpal and Lokayuktas Act 2013 five years ago, but no Lokpal has been appointed since then, indicating a lack of political will.
• The Lokpal's omission of the judiciary from its purview is one of the most serious problems.
• There is no legal basis for Lokpal's rulings, and there are no effective methods for contesting them.

Conclusion

The institution of the ombudsman must be strengthened in respect of functional autonomy and workforce availability to fight against corruption. The appointment of Lokpal is not the real solution to problems. Instead, the government should focus on eliminating the root causes because of which the general public is demanding a Lokpal. There should be complete transparency when nominating a Lokpal and Lokayukta as it will increase the chances for the right person to be appointed.

FAQs

MCQs

1. Which of the following bodies addresses corruption at the national level?

A. Lokayukta
B. Lokpal
C. Supreme Court
D. Election Commission

2. How many members can the Lokpal have?

A. 5 members
B. 8 members
C. 10 members
D. 12 members

3. What is the jurisdiction of the Lokpal regarding the Prime Minister?

A. No jurisdiction
B. Full jurisdiction with no exceptions
C. Limited jurisdiction with certain exceptions
D. Jurisdiction only during elections

4. Which law led to the creation of Lokpal and Lokayuktas?

A. Prevention of Corruption Act
B. Right to Information Act
C. Lokpal and Lokayuktas Act, 2013
D. Whistleblower Protection Act

5. What percentage of Lokpal members must be judicial?

A. 100%
B. 25%
C. 50%
D. 75%

GS Mains Questions and Model Answers

Q1: Discuss the significance of the Lokpal and Lokayuktas Act, 2013, in promoting accountability and transparency in governance.

Answer: The Lokpal and Lokayuktas Act, 2013, represents a critical step toward curbing corruption in public offices by providing independent institutions to investigate and prosecute corruption-related offenses. By bringing high-ranking officials, including the Prime Minister and Members of Parliament, under its jurisdiction, the Lokpal promotes transparency. Lokayuktas perform a similar role at the state level, enhancing accountability. However, challenges in implementation and political interference remain obstacles to its full effectiveness.

Q2: Analyze the challenges faced by Lokpal in investigating corruption cases involving high-ranking officials.

Answer: While the Lokpal has jurisdiction over high-ranking officials, including the Prime Minister, certain limitations, such as exemptions for decisions related to national security, complicate investigations. Additionally, bureaucratic hurdles, lack of adequate staffing, and potential political influence can hinder effective investigations. Furthermore, coordination between various agencies and Lokayuktas is crucial to enhance the effectiveness of the institution.

Q3: Evaluate the role of Lokayuktas in addressing corruption at the state level.

Answer: Lokayuktas play a vital role in addressing corruption at the state level by investigating complaints against state government officials. Their establishment promotes local accountability and transparency. However, the effectiveness of Lokayuktas varies across states, with some states yet to implement the Lokayukta effectively. Strengthening the autonomy and resources of Lokayuktas is essential for improving their functionality and reducing corruption in state governance.

Previous Year Questions on Lokpal and Lokayuktas

1. UPSC CSE Prelims 2016

Question: Under which act were the Lokpal and Lokayuktas established?
A. Prevention of Corruption Act
B. Lokpal and Lokayuktas Act, 2013
C. Right to Information Act
D. Public Grievances Redressal Act

Answer: B

Explanation: The Lokpal and Lokayuktas were established under the Lokpal and Lokayuktas Act, 2013, to address corruption and promote accountability.

2. UPSC CSE Mains 2018 (GS Paper 2)

Question: "The Lokpal and Lokayuktas Act is a landmark law in the fight against corruption in India." Critically analyze its implementation and effectiveness.

Answer: The Lokpal and Lokayuktas Act, 2013, is a landmark law aimed at addressing corruption. It established independent bodies to investigate public officials, including high-ranking officials like the Prime Minister. However, the act’s effectiveness has been limited due to delays in appointments, lack of proper implementation in many states, and political interference. Strengthening the institutions with adequate resources and autonomy is essential to ensure their effectiveness in combating corruption.