The Lokpal and Lokayuktas Act, 2013, is a significant anti-corruption legislation in India. Here are some key details about the act:
- Introduction and Passage: The Lokpal Act was introduced in the Lok Sabha on 22 December 2011. It was passed in the Lok Sabha on 27 December 2011 as The Lokpal and Lokayuktas Bill, 2011. The Bill was later tabled in the Rajya Sabha on 29 December.
- Amendments and Passage in Rajya Sabha: After making certain amendments to the original Bill, it was passed in the Rajya Sabha on 17 December 2013.
- Passage in Lok Sabha: Following its approval in the Rajya Sabha, the Lokpal Act was passed in the Lok Sabha on the next day.
- Presidential Assent and Commencement: The Bill received assent from the then President of India, Pranab Mukherjee, on 1 January 2014. It came into effect on 16 January 2014.
The Lokpal Act aimed to establish an institution called the Lokpal at the central level, and Lokayuktas at the state level, to inquire into allegations of corruption against public functionaries. The act was a significant step towards curbing corruption in the country by providing an independent body for investigation and prosecution of corruption cases involving public officials.
The Lokpal and Lokayuktas Act, 2013, commonly known as the Lokpal Act, is an anti-corruption legislation in India. Here’s some background information:
- Origins of the Term ‘Lokpal’: The term ‘Lokpal’ was first coined by Member of Parliament Laxmi Mall Singhvi in 1963 during a parliamentary debate on grievance redressal mechanisms. It was suggested in the context of creating special authorities to address citizen grievances.
- Recommendation by Administrative Reforms Commission: The Administrative Reforms Commission under the leadership of Morarji Desai submitted a report that recommended the establishment of two special authorities: Lokayukta (at the state level) and Lokpal (at the central level) to redress citizen grievances.
- Introduction of Lokayukta in Maharashtra: Maharashtra became the first state to introduce Lokayukta through The Maharashtra Lokayukta and Upa-Lokayuktas Act in 1971. However, several states, as of the provided information, have not yet established Lokayuktas.
- Introduction of Lokpal Bill in 1968: The Lokpal Bill was initially introduced in the Lok Sabha in 1968. It underwent various revisions and discussions over the years before the version enacted in 2013.
- Implementation of Prevention of Corruption Act: The Lokpal Act is an implementation of the Prevention of Corruption Act, 1988. It serves as a significant step towards combating corruption in India.
- Role of Anti-Corruption Protests: The enactment of the Lokpal Act in 2013 was influenced by widespread anti-corruption protests led by social activist Anna Hazare. These protests garnered significant public attention and played a crucial role in pushing for anti-corruption reforms.
The Lokpal Act aimed to establish institutions at both the central and state levels to inquire into allegations of corruption against public functionaries. It was a significant milestone in the fight against corruption in India by providing an independent body for the investigation and prosecution of corruption cases involving public officials.
The Lokpal and Lokayukta Act, 2013, has several salient features:
- Establishment of Lokpal and Lokayuktas: The Act seeks to establish the institution of Lokpal at the central level and Lokayuktas at the state level, providing an anti-corruption framework for the entire nation.
- Jurisdiction of Lokpal: The Lokpal’s jurisdiction extends to cover the Prime Minister, Ministers, Members of Parliament, and officers and officials of the Central Government in Groups A, B, C, and D.
- Composition of Lokpal: The Lokpal consists of a Chairperson and a maximum of 8 members, of which 50% shall be judicial members.
- Inclusive Representation: About 50% of the Lokpal members shall be selected from among Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), minorities, and women.
- Selection Process: The Chairperson and members of Lokpal are selected by a Selection Committee comprising the Prime Minister, Speaker of the Lok Sabha, Leader of the Opposition, Chief Justice of India or a sitting Supreme Court Judge nominated by the Chief Justice, and an eminent person nominated by the President.
- Assistance from Search Committee: A Search Committee assists the Selection Committee in the selection process, with 50% of its members also coming from SCs, STs, OBCs, minorities, and women.
- Inclusion of Prime Minister: The Prime Minister is brought under the purview of the Lokpal, with specified subject matter exclusions and a defined process for handling complaints against them.
- Coverage of Public Servants: Lokpal’s jurisdiction extends to all categories of public servants, including those in Group A, B, C, and D.
- Supervision over Investigative Agencies: Lokpal possesses the power of superintendence and direction over investigative agencies, including the Central Bureau of Investigation (CBI) for cases referred by the Lokpal.
- Appointment of CBI Director: A High-Powered Committee led by the Prime Minister recommends the selection of the Director of the CBI.
- Timelines for Enquiries and Investigations: The Act lays down specific timelines for preliminary inquiries, investigations, and trials to expedite the resolution process.
- Enhanced Punishments: The maximum punishment under the Prevention of Corruption Act is increased from 7 to 10 years. Minimum punishments for various sections of the Act have also been stipulated.
- Jurisdiction Over Financed Institutions: Institutions fully or partly financed by the Government fall under the jurisdiction of the Lokpal, but those aided by the government are excluded.
- Monitoring Foreign Donations: Entities receiving donations from foreign sources exceeding Rs 10 Lakhs per year under the Foreign Contribution Regulation Act come under the jurisdiction of Lokpal.
- Mandate for Lokayuktas: The Act mandates the establishment of Lokayuktas through state legislature enactments within 365 days from the commencement of this Act.
The Lokpal and Lokayukta Act, 2013, while having several important provisions, also has certain drawbacks and limitations:
- No Suo Motu Proceedings: The Lokpal cannot initiate proceedings on its own (suo motu) against any public servant; it relies on complaints being filed.
- Emphasis on Formal Complaints: The Act places a strong emphasis on the formal process of filing complaints rather than focusing on the substance of the complaint, which could potentially deter genuine complainants.
- Heavy Punishment for False Complaints: The Act imposes heavy penalties for filing false and frivolous complaints against public servants. While this is intended to prevent misuse, it may discourage individuals from filing complaints even if they have legitimate concerns.
- No Anonymous Complaints: The Act does not allow for anonymous complaints. Complainants must provide their identity and supporting documents, which may hinder individuals from coming forward, especially if they fear reprisals.
- Legal Assistance for Accused Public Servants: The Act provides legal assistance to public servants against whom complaints are filed, ensuring they have the means to defend themselves effectively.
- Limitation Period: The Act imposes a limitation period of 7 years for filing complaints. This may limit the ability to address older cases of corruption or misconduct.
- Non-Transparent Procedures for Complaints Against the PM: The procedures for dealing with complaints against the Prime Minister are considered non-transparent, raising concerns about the accountability and transparency of the process in such cases.
Lokayuktas are independent ombudsman institutions established in various states of India to address complaints of corruption and maladministration against public officials. The term “Lokayukta” is derived from Sanskrit, where “Loka” means people, and “Ayukta” means an official or officer.
Key points about Lokayuktas:
- Establishment: The institution of Lokayukta was first established in Maharashtra in 1971, making it one of the earliest states to set up such a body. Other states followed suit in subsequent years.
- Odisha’s Implementation: While Odisha had passed an Act for the establishment of Lokayukta in 1970, it only became functional in 1983.
- Spread Across States: As of now, 20 states and 2 Union Territories (Delhi and Jammu and Kashmir) have established the office of Lokayukta. Each state has its own Lokayukta Act, which outlines the jurisdiction, powers, and functions of the institution.
- Jurisdiction: The Lokayukta primarily deals with complaints of corruption and maladministration against public officials, including elected representatives, government employees, and other officials.
- Independence: The Lokayukta is intended to be an independent and impartial body, with powers to investigate complaints and recommend action against those found guilty of corruption.
- Investigatory Powers: Lokayuktas have the authority to conduct investigations, summon witnesses, and gather evidence related to the complaints they receive.
- Recommendatory in Nature: While Lokayuktas can recommend actions such as filing of criminal charges or administrative penalties against those found guilty, they do not have the power to directly prosecute or punish individuals. Their recommendations are typically sent to the competent authority for further action.
- Public Grievances: In addition to corruption-related complaints, Lokayuktas may also address grievances related to maladministration, abuse of power, and other forms of misconduct by public officials.
- Prevention of Corruption: Apart from addressing individual complaints, Lokayuktas may also suggest systemic reforms and measures to prevent corruption and promote ethical governance.
- Role in Strengthening Accountability: Lokayuktas play a crucial role in enhancing transparency and accountability in public administration by providing an independent avenue for citizens to raise concerns about corrupt practices.
Overall, Lokayuktas serve as important institutions in the fight against corruption and in promoting good governance at the state level in India.
Lokayuktas are ombudsman institutions in various states of India, established to address complaints of corruption and maladministration against public officials. The features of Lokayuktas can vary from one state to another. Here are some salient features:
- Structural Variations: The structure of Lokayukta institutions varies among states. Some states have both Lokayukta and Upalokayukta (deputy Lokayukta), while others have only the Lokayukta. A few states have designated officials as Lokpal. The structural variations are not uniform across states and may deviate from the recommendations of the Administrative Reforms Commission (ARC) reports.
- Appointment: Lokayuktas and Upalokayuktas are appointed by the Governor of the state. In most states, the Governor consults with the Chief Justice of the state’s high court and the Leader of the Opposition in the state legislative assembly during the appointment process.
- Qualification: Qualification criteria for Lokayuktas may vary by state. In some states, judicial qualifications are prescribed for Lokayuktas, while in others, specific qualifications are not prescribed.
- Tenure: In most states, the term of office for Lokayuktas is typically five years or until the Lokayukta reaches 65 years of age, whichever comes first. Reappointment is generally not allowed.
- Investigations: Lokayuktas can initiate investigations in response to a complaint filed by a citizen or suo moto, which means initiating an investigation on their own accord. However, in certain states like Uttar Pradesh, Himachal Pradesh, and Assam, Lokayuktas do not have the power to initiate investigations on their own.
These variations in the structure, appointment process, qualifications, tenure, and investigative powers of Lokayuktas reflect the diversity of approaches taken by different states in India to address issues of corruption and maladministration at the state level.
FAQs
Q: What is the Lokpal and Lokayuktas Act, 2013?
A: The Lokpal and Lokayuktas Act, 2013, is an anti-corruption legislation passed by the Indian Parliament to create institutions for investigating and prosecuting cases of corruption at the national and state levels.
Q: Who is a Lokpal and what are their responsibilities?
A: A Lokpal is an ombudsman appointed to inquire into allegations of corruption against public functionaries, including the Prime Minister, Members of Parliament, and other public officials, at the central level. Their responsibilities include investigating complaints of corruption, conducting inquiries, and prosecuting guilty individuals.
Q: What is the role of Lokayuktas under the Act?
A: Lokayuktas are similar anti-corruption bodies established at the state level. Their role is to investigate and prosecute cases of corruption against public officials within their respective states. The Lokayuktas are appointed by the state governments.
Q: How are Lokpal and Lokayuktas appointed?
A: The Lokpal is appointed by the President of India based on recommendations from a committee consisting of the Prime Minister, Speaker of the Lok Sabha, Leader of the Opposition in the Lok Sabha, Chief Justice of India or a sitting Supreme Court judge nominated by the Chief Justice, and an eminent jurist. Lokayuktas are appointed by the Governor of the respective states on the recommendation of a selection committee.
Q: What are the key features of the Lokpal and Lokayuktas Act, 2013?
A: Some key features of the Act include provisions for the establishment of Lokpal at the central level and Lokayuktas at the state level, mechanisms for receiving complaints of corruption from the public, powers to conduct investigations, provisions for prosecution of guilty individuals, and protection for whistleblowers.
In case you still have your doubts, contact us on 9811333901.
For UPSC Prelims Resources, Click here
For Daily Updates and Study Material:
Join our Telegram Channel – Edukemy for IAS
- 1. Learn through Videos – here
- 2. Be Exam Ready by Practicing Daily MCQs – here
- 3. Daily Newsletter – Get all your Current Affairs Covered – here
- 4. Mains Answer Writing Practice – here
