Lokpal and Lokayukta

History of Lokpal:

• The First Administrative Reforms Commission (ARC-I) recommended establishing an anti-corruption ombudsman for India in 1966.
• Several Lokpal Bills were introduced between 1971 and 2008, but none were passed.
• In 2011, activist Anna Hazare’s Jan Lokpal Andolan led to significant public pressure for an anti-corruption framework.
• This movement resulted in the enactment of the Lokpal and Lokayuktas Act, 2013, which provides for the appointment of:
  • Lokpal at the Centre.
  • Lokayuktas in states to address corruption cases involving public servants.

• Envisioned under the Lokpal and Lokayuktas Act, 2013, it is India’s first anti-corruption ombudsman at the central level.
• Covers corruption cases involving public servants, including the Prime Minister (with exceptions), Union Ministers, MPs, and central government officials.
• Appointed by the President on the recommendation of a Selection Committee (includes PM, LoP, CJI, and an eminent jurist).

• Established under Section 63 of the Lokpal and Lokayuktas Act, 2013, as the state-level counterpart to the Lokpal.
• Handles corruption cases involving state public servants, including Chief Ministers, Ministers, MLAs, and state officials.
• Appointed by the Governor, with the composition and appointment process varying across states.

• Investigates corruption cases under the Prevention of Corruption Act.
• Can confiscate property acquired through corrupt practices.
• Has jurisdiction over central officials in Groups A, B, C, and D, and institutions receiving significant foreign contributions or government funding.
• Can refer cases to the CBI or its Inquiry Wing for investigation.
• Submits annual reports to the President, which are tabled in Parliament.

• Investigates cases under state laws, particularly involving state public servants.
• Addresses corruption complaints related to government schemes, contracts, and functioning.
• Powers vary across states, but typically include authority to recommend investigations, disciplinary action, or prosecution.
• Submits annual reports to the Governor, which are presented in the State Legislature.

• Composition: Chairperson (former CJI, SC Judge, or eminent person) and up to 8 members, 50% of whom must be from SC/ST/OBC/Minorities/Women.
• Tenure: 5 years or until 70 years of age.
• Salary: Chairperson’s salary equals CJI, members’ salaries equal SC Judges.
• Removal by the President upon SC inquiry for misconduct or incapacity.

• Composition: Varies by state law but generally includes a Chairperson and members with qualifications similar to the Lokpal.
• Tenure: Defined by state legislation.
• Salary: Modeled on the Lokpal but subject to state laws.
• Removal by the Governor, often following a process modelled on the Lokpal Act.

PYQ:

[2013] ‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs’. Discuss.