LOK PAL AND LOKAYUKTA

                                LOK PAL AND LOKAYUKTA 

WHAT IS  LOKPAL AND LOKAYUKTA?

THE LOKPAL AND LOKAYUKTA ACT, 2013 PROVIDED FOR THE ESTABLISHMENT OF THE LOKPAL UNION AND THE LOKAYUKTA PROVINCES.

THESE INSTITUTIONS ARE STATUTORY BODIES THAT HAVE NO CONSTITUTIONAL STATUS.

THEY PERFORM THE DUTIES OF AN "OMBUDSMAN" AND INQUIRE ABOUT ALLEGATIONS OF CORRUPTION AGAINST CERTAIN GOVERNMENT EMPLOYEES AND RELATED MATTERS.

BACKGROUND

IN 1809, THE OMBUDSMAN WAS OFFICIALLY OPENED IN SWEDEN.

IN THE 20TH CENTURY, THE OMBUDSMAN AS A CENTER DEVELOPED AND PROSPERED AFTER WORLD WAR II.

NEW ZEALAND AND NORWAY ADOPTED THE PROGRAM IN 1962 AND PROVED TO BE VERY IMPORTANT IN SPREADING THE OMBUDSMAN'S IDEAS.

IN 1967, ACCORDING TO THE 1961 WHYATT REPORT, GREAT BRITAIN ADOPTED A DEFENSIVE CENTER AND BECAME THE FIRST LARGE NATION IN A DEMOCRATIC WORLD TO HAVE SUCH A SYSTEM.

IN 1966, GUYANA BECAME THE FIRST DEVELOPING COUNTRY TO EMBRACE THE CONCEPT OF OMBUDSMAN. LATER, IT WAS RE-ADOPTED BY MAURITIUS, SINGAPORE, MALAYSIA, AND INDIA.

IN INDIA, THE CONCEPT OF A CONSTITUTIONAL OMBUDSMAN WAS FIRST PROPOSED BY THEN-LAW MINISTER ASHOK KUMAR SEN IN PARLIAMENT IN THE EARLY 1960S.

THE NAMES LOKPAL AND LOKAYUKTA ARE NAMED AFTER DRS. L. M. SINGHVI.

IN 1966, THE FIRST COMMISSION FOR ADMINISTRATIVE CHANGE RECOMMENDED THE ESTABLISHMENT OF TWO INDEPENDENT STATE-LEVEL AUTHORITIES, TO ADDRESS GRIEVANCES AGAINST PUBLIC SERVANTS, INCLUDING MEMBERS OF PARLIAMENT.

IN 1968, THE LOKPAL BILL WAS PASSED IN LOK SABHA BUT ENDED WITH THE DISSOLUTION OF LOK SABHA AND HAS SINCE EXPIRED IN LOK SABHA SEVERAL TIMES.

BY 2011 EIGHT ATTEMPTS WERE MADE TO PASS THE BILL, BUT ALL FAILED.

IN 2002, THE CONSTITUTIONAL REVIEW COMMISSION HEADED BY M.N. VENKATACHALIAH COMMENDED THE APPOINTMENT OF LOKPAL AND LOKAYUKTAS; ALSO RECOMMENDED THAT THE PM BE KEPT OUTSIDE THE DOMAIN OF THE AUTHORITIES.

IN 2005, THE SECOND COMMISSION FOR ADMINISTRATIVE CHANGE LED BY VEERAPPA MOILY RECOMMENDED THAT LOKPAL'S OFFICE BE ESTABLISHED WITHOUT DELAY.

IN 2011, THE GOVERNMENT FORMED A CABINET OF MINISTERS, LED BY PRANAB MUKHERJEE TO PROPOSE WAYS TO TACKLE CORRUPTION AND SCRUTINIZE THE PROPOSAL OF THE LOKPAL BILL.

THE "INDIA AGAINST CORRUPTION MOVEMENT" LED BY ANNA HAZARE PUT PRESSURE ON THE UNITED PROGRESSIVE ALLIANCE (UPA) GOVERNMENT AT THE CENTER AND RESULTED IN THE PASSING OF THE LOKPAL AND LOKAYUKTAS BILLS, 2013, IN BOTH HOUSES OF PARLIAMENT.

IT RECEIVED APPROVAL FROM THE PRESIDENT ON 1 JANUARY 2014 AND TOOK OFFICE ON 16 JANUARY 2014.

LOKPAL CONSTITUTES 

LOKPAL IS A MULTI-MEMBER BODY, CONSISTING OF ONE CHAIRMAN AND NOT MORE THAN 8 MEMBERS.

THE CHAIRMAN OF LOKPAL SHOULD BE THE CHIEF JUSTICE OF INDIA OR A FORMER CHIEF JUSTICE OF THE SUPREME COURT OR AN OUTSTANDING PERSON WITH IMPECCABLE INTEGRITY AND OUTSTANDING ABILITY, WITH SPECIAL KNOWLEDGE AND EXPERTISE FOR AT LEAST 25 YEARS IN MATTERS OF ANTI-CORRUPTION POLICY, PUBLIC ADMINISTRATION, SURVEILLANCE, FINANCE INCLUDING INSURANCE AND BANKING AND MANAGEMENT.

OF THE TOP EIGHT MEMBERS, HALF WILL BE MEMBERS OF THE JUDICIARY AND AT LEAST 50% OF THE MEMBERS WILL BE FROM SC / ST / OBC / MINORITIES AND WOMEN.

A MEMBER OF THE LOKPAL JUDICIARY CAN BE A FORMER CHIEF JUSTICE OF THE SUPREME COURT OR A FORMER CHIEF JUSTICE OF THE SUPREME COURT.

A NON-JUDICIAL MEMBER MUST BE A PROMINENT PERSON WITH IMPECCABLE INTEGRITY AND OUTSTANDING ABILITY, WITH SPECIAL KNOWLEDGE AND EXPERTISE OF 25 YEARS IN MATTERS RELATING TO ANTI-CORRUPTION POLICY, PUBLIC ADMINISTRATION, OVERSIGHT, FINANCE INCLUDING INSURANCE AND BANKS, LAW AND ADMINISTRATION. .

THE TERM OF OFFICE OF THE CHAIRMAN AND MEMBERS OF LOKPAL IS 5 YEARS OR UP TO 70 YEARS.

MEMBERS ARE APPOINTED BY THE PRESIDENT ON THE RECOMMENDATION OF THE NOMINATION COMMITTEE.

THE NOMINATION COMMITTEE IS MADE UP OF THE PRIME MINISTER AND CHAIRPERSON; SPEAKER OF LOK SABHA, LEADER OF THE OPPOSITION PARTY IN LOK SABHA, CHIEF JUSTICE OF INDIA OR A JUDGE APPOINTED BY HIM AND ONE PROMINENT LAWYER.

IN ELECTING THE CHAIRMAN AND MEMBERS, THE SELECTION COMMITTEE COMPRISES A SEARCH TEAM OF AT LEAST EIGHT PEOPLE.

LOKPAL COMMITTEE

UNDER THE LOKPAL ACT OF 2013, DOPT MUST COMPILE A LIST OF CANDIDATES FOR THE LOKPAL CHAIRMANSHIP OR MEMBERSHIP.

THE LIST WILL THEN BE FORWARDED TO THE PROPOSED EIGHT-MEMBER SEARCH COMMITTEE, WHICH WILL SELECT THE NAMES AND PRESENT THEM TO THE SELECTION PANEL LED BY THE PRIME MINISTER.

THE SELECTION PANEL MAY OR MAY NOT CHOOSE THE NAMES RECOMMENDED BY THE SEARCH COMMITTEE.

IN SEPTEMBER 2018, THE GOVERNMENT ESTABLISHED A SEARCH COMMITTEE LED BY HIGH COURT JUDGE JUSTICE RANJANA PRAKASH DESAI.

THE 2013 ACT ALSO PROVIDES THAT ALL PROVINCES MUST ESTABLISH A LOKAYUKTA OFFICE WITHIN ONE YEAR FROM THE COMMENCEMENT OF THE ACT.

 

CONCLUSION 

Lokpal and Lokayukta Act, 2013 provided for the establishment of the Lokpal Union and the Lokayukta Provinces.

These institutions are statutory bodies that have no constitutional status.

They perform the duties of an “ombudsman” and inquire about allegations of corruption against certain government employees and related matters