LOKPAL

“LOKPAL”
FINAL DRAFT SUBMITTED IN THE COMPLETE FULFILLMENT OF THE COURSE

TITLED

LEGAL RESEARCH AND METHODOLOGY

SUBMITTED TO SUBMITTED BY

DR.MANOJ MISHRA NAME-KUSHAGRA AGNIHOTRI

TEACHER ASSOCIATE COURSE-BBA.,LLB(HONS.)

ROLL NO. - 2229

SEMESTER – 1ST

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ACKNOWLEDGEMENT

I would like to sincerely thank MR. VIJYANT SINHA Faculty of Legal Research and
Methodology for and guiding me throughout the project. Through this project I have learned a lot
about the aforesaid topic and this in turn has helped me grow as a student. I also thank my friends
and all those unseen hands that helped out at every stage of my project.

THANK YOU

KUSHAGRA AGNIHOTRI

1ST SEMESTER

CNLU PATNA

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DECLARATION BY THE CANDIDATE

I hereby declare that the work report in the B.B.A.LLB(Hons) Project report entitled
“LOKPAL” submitted at CHANAKYA NATIONAL LAW UNIVERSITY is an authentic
record of my work carried out under supervision of Mr. VIJYANT SINHA. I have not
submitted this work elsewhere for any other degree or diploma. I am fully responsible for
my project report.

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TABLE OF CONTENT
1) Introduction

2) Research Methodology

3) Limitations

4) Sources of Data

5) Aims and Objectives

6) History Background of Lokpal

1.Establishment of Institution of Lokpal and Appointment of Lokpal

2.Chairperson and Members of Lokpal

3.Removal of Chairperson or Members

7) Comparison between Janlokpal bill with Lokpal and Lokayukta Bill,2011

8) Case Laws Related to Lokpal Bill

9) Functioning of Lokpal

10) Greivance Redressal Systems

1.Making a Complaint to Lokpal.

2.Matters which may be Investigated by Lokpal.

3.Provisions related to complains and investigations.

4.Punishment for Offences

11) Conclusion

12) Bibliography

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 LOKPAL

INTRODUCTION

A Lokpal which means "caretaker of people" is an anti-corruption authority or ombudsman who

represents the public interest.1 The concept of an ombudsman is borrowed from Sweden. The
Lokpal has jurisdiction over all Members of Parliament and central government employees in
cases of curroption. The Lokpal and Lokayukt Act was passed in 2013 with amendments in
parliament, following the Jan Lokpal movement led by Anna Hazare The Lokpal is responsible
for enquiring into corruption charges at the national level while the Lokayukta performs the same
function at the state level. Lokpal will consist of a chairperson and a maximum of eight members,
of which 50% will be judicial members 50% members of Lokpal shall be from SC/ST/OBCs,
minorities and women2. Selection of chairperson and members of Lokpal through a selection
committee consisting of PM, Speaker of Lok Sabha, leader of opposition in Lok Sabha, Chief
Justice of India or a sitting Supreme Court judge nominated by CJI. Eminent jurist to be nominated
by President of India on basis of recommendations of the first four members of the selection
committee "through consensus"3. Lokpal's jurisdiction will cover all categories of public servants.
All entities (NGOs) receiving donations from foreign source in the context of the Foreign
Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are under the jurisdiction of
Lokpal. Centre will send Lokpal bill to states as a model bill. States have to set up Lokayuktas
through a state law within 365 days.

RESEARCH METHODOGY
The researcher will be only relying on doctrinal method of research to finalize the project.

LIMITATIONS

Owing to the larger number of topics that could be included in the project, the scope of this research
paper is extremely vast. However, in the interest of the brevity, this paper will be limited to the

1
P.ST.J. Langan, ed., Maxwell on the Interpretation of Statues, p. 1 (12th ed., 1969 ed./2010 reprint, LexisNexis
Butterworths Wadhwa Nagpur)

2
S. 3(2), Lokpal and Lokayuktas Bill,2011
3
S. 4, Lokpal and Lokayuktas Bill,2011

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topics concerned with the importance of both tradition and modernity and its effect in all over
world.

SOURCES OF DATA

The researcher has relied upon both primary and secondary sources to complete project.

 Primary Sources:Lokpal & Lokayuktas Bill 2011 & 2013, Commission Reports.
 Secondary Sources:Websites, newspaper articles, magzines

AIMS AND OBJECTIVE

 The researcher tends to analyze the functioning of chairperson of Lokpal.

 The researcher tends to analyze to making complaint in Lokpal.
 The researcher tends to analyze provisions related to complaint and investigation.
 The researcher tends to analyze relation between Corruption Prevention Act and Lokpal.

HYPOTHESIS

Lokpal is an ombudsman in India conferred with powers to check corruption in India.

HISTORICAL BACKGROUND OF LOKPAL

The term "Lokpal" was coined by Dr. L.M.Singhvi in 1963. The concept of a constitutional
ombudsman was first proposed in parliament by Law Minister Ashoke Kumar Sen in the early
1960s. The first Jan Lokpal Bill was proposed by M.C. Setalvad in 1968 and passed in the 4th Lok
Sabha in 1969, but did not pass through the Rajya Sabha. Subsequently, 'lokpal bills' were
introduced in 1971, 1977, 1985, again by Ashoke Kumar Sen, while serving as Law Minister in

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the Rajiv Gandhi cabinet, and again in 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were
never passed. Forty five years after its first introduction, the Lokpal Bill is finally enacted in India
on 18 December 2013.

The Lokpal Bill provides for the filing, with the ombudsman, of complaints of corruption
against the prime minister, other ministers, and MPs. The Administrative Reforms
Commission(ARC) recommended the enacting of the Office of a Lokpal, convinced that
such an institution was justified, not only for removing the sense of injustice from the
minds of citizens, but also to install public confidence in the efficiency of the administrative
machinery.

Establishment of the institution of Lokpal and appointment of Lokpal

There shall be an institution known as Lokpal which shall consist of one Chairperson and
ten members along with its officers and employees. The Chairperson and members of
Lokpal shall be selected in such manner as laid down in this Act.
(1) A person appointed as Chairperson or member of Lokpal shall, before entering upon his
office, make and subscribe before the President, an oath or affirmation in the form as
prescribed. The Government shall appoint the Chairperson and members of the first Lokpal
and set up the institution with all its logistics and assets within six months of enactment of
this Act. The Government shall fill up a vacancy of the Chairperson or a member caused
due to
a) Retirement, 3 months before the member or the Chairperson retires.
b) Any other unforeseen reason, within a month of such vacancy arising.

Chairperson and Members of Lokpal

The Chairperson and members of Lokpal not to have held certain offices- The Chairperson
and members of Lokpal shall not be serving member of either the Parliament or the Legislature of
any State and shall not hold any office or trust of profit (other than the office as Chairperson or

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member) or carry on any business or practice any profession and accordingly, before he enters
upon his office, a person appointed as the Chairperson or member of Lokpal shall-
(i) if he holds any office of trust or profit, resign from such office; or
(ii) if he is carrying on any business, sever his connection with the conduct and
management of such business; or
(iii)if he is practicing any profession, suspend practice of such profession.
(iv) If he is associated directly or indirectly with any other activity, which is likely
cause conflict of interest in the performance of his duties in Lokpal, he should
suspend his association with that activity.
Provided that if even after the suspension, the earlier association of that person
with such activity is likely to adversely affect his performance at Lokpal, that
person shall not be appointed as a member or Chairperson of Lokpal4.

Term of office and other conditions of service of Lokpal– (1) A person appointed as the
Chairperson or member of Lokpal shall hold office for a term of five years from the date on which
he enters upon his office or upto the age of 70 years, whichever is earlier;
Provided further that.-
(a) the Chairperson or member of Lokpal may, by writing under his hand addressed
to the President, resign his office;
(b) the Chairperson or member may be removed from office in the manner provided
in this Act.
(2) There shall be paid to the Chairperson and each member every month a salary equal to that of
the Chief Justice of India and that of the judge of the Supreme Court respectively;
(3) The allowances and pension payable to and other conditions of service of the Chairperson or a
member shall be such as may be prescribed;
Provided that the allowances and pension payable to and other conditions of service of the
Chairperson or members shall not be varied to his disadvantage after his appointment.

4
S. 8(1), Lokpal & lokaykutas bill, 2013.

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(4) The administrative expenses of the office of the Lokpal including all salaries, allowances and
pensions payable to or in respect of persons serving in that office, shall be charged on the
Consolidated Fund of India.
(5) There shall be a separate fund by the name of “Lokpal fund” in which penalties/fines imposed
by the Lokpal shall be deposited and in which 10% of the loss of Public Money recovered under
section 19 of this Act shall also be deposited by the Government. Disposal of such fund shall be
completely at the discretion of the Lokpal and such fund shall be used only for
enhancement/upgradation/extension of the infrastructure of Lokpal.
(6) The Chairperson and members of Lokpal shall not be eligible for appointment to any position
in Government of India or Government of any state or any such body which is funded by any of
the governments or for contesting elections to Parliament, state legislatures or local bodies, if he
has ever held the position of the Chairperson or a member for any period after demitting their
office. A member could be appointed as a chairperson, provided that the total tenure both as
member and as chairperson would not exceed five years and no member or chairperson would be
eligible for reappointment or extension after completion of a five year term.

Appointment of the Chairperson and members

1. The Chairperson and members shall be appointed by the President on the

recommendation of a selection committee.
2. The following shall not be eligible to become Chairperson or Member of Lokpal:
(a) Any person, who is not a citizen of India
(b) Any person, who was ever chargesheeted for any offence under IPC or PC Act or any
other Act or was ever penalized under CCS Conduct Rules.
(c) Any person, who is less than 40 years in age.
(d) Any person, who was in the service of any government and has remitted office within
the last two years, either by way of resignation or retirement.
3. At least four members of Lokpal shall have legal background. Not more than two
members, including Chairman, shall be former civil servants.

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Explanation: “Legal Background” means that the person should have held a judicial office
in the territory of India for at least ten years or has been an advocate in High Court or
Supreme Court for at least fifteen years.
4. The members and Chairperson should have unimpeachable integrity and should have
demonstrated their resolve to fight corruption in the past.
5. A selection committee consisting of the following shall be set up:
a. The Prime Minister of India
b. Leader of Opposition in Lok Sabha
c. Two youngest judges of Supreme Court
d. Two youngest Chief Justices of High Courts.
e. Comptroller and Auditor General of India
f. Chief Election Commissioner
g. After the first set of selection process, the outgoing members and Chairperson of
Lokpal.
6. The Prime Minister shall act as the Chairperson of the selection committee.
7. There shall be a search committee consisting of ten members.
8. Members of search committee shall be selected in the following manner:
a. The selection committee shall select five members of search committee from the
former Comptroller and Auditor Generals of India and Chief Election
Commissioners of India.
Provided that the following persons shall not be eligible for becoming members of
search committee:
a) Any person who has had any substantive allegation of corruption
against him
b) Any person who has either joined any political party after retirement or
has had strong affiliations to any political party
c) Any person who is still in the service of the government in any capacity
d) Any person who took up a government assignment after retirement
barring those assignments which are reserved for the post from which
he has retired.
b. The five members selected above shall nominate five members from civil society.

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9. The search committee shall invite recommendations from such class of people or such
individuals as it deems fit. The recommendations should, interalia, contain the following
details:
a. Personal details of the candidate being recommended
b. Details of any allegations faced by the candidate under any law or any allegations
of moral turpitude in the past?
c. Details of his work against corruption in the past with documentary evidence.
d. Evidence from his past, if any, to show that he is a fiercely independent person
and cannot be influenced.
e. Any other material that the search committee decides.
10. The following selection process shall be followed:
a. The list of candidates received above along with their details received in the
format mentioned above shall be displayed on a website.
b. Public feedback shall be invited on these names.
c. The search committee may decide to use any means to collect more information
about the background and past achievements of these candidates.
d. All the material obtained so far about the candidates shall be made available to
each member of the search committee in advance. The members shall make their
own assessment of each candidate.
e. The search committee shall meet and discuss the material so received about each
candidate. The selections shall be made preferably through consensus.
Provided that if three or more members of search committee, for reasons to be
recorded in writing, object to the selection of any member, he shall not be selected.
f. Search committee shall recommend three times the names as there are vacancies
to the selection committee.
g. Selection committee shall select such number of candidates as there are vacancies
to the Prime Minister. The selections shall be made preferably through consensus.
Provided that if three or more members of selection committee, for reasons to be
recorded in writing, object to the selection of any member, he shall not be selected.

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h. All meetings of search committee and selection shall be video recorded and shall
be made public.
11. The Prime Minister shall recommend the names finalized by the selection committee to
the President immediately, who shall order such appointments within a month of receipt
of the same.
12. If any of the members of the selection committee retires while a selection process is
going on, that member will continue on the selection committee till the end of that
process.

Removal of Chairperson or members

(1) The Chairperson or any member shall not be removed from his office except by an order of the
President on one or more of the following grounds:
a. Proved misbehavior
b. Professional, mental or physical incapacity
c. Insolvency
d. Being charged of an offence which involves moral turpitude
e. Engaging while holding such office, in any paid employment
f. Acquiring such financial interests or other interests, which are likely to affect his
functions as member or Chairperson prejudicially.
g. Being guided by considerations extraneous to the merits of the case under his
consideration with a view to favoring someone or implicating someone through any
act of omission or commission.
h. Unduly influencing or attempting to influence any government functionary.
i. Committing any act of omission or commission which is punishable under
Prevention of Corruption Act or is a misconduct.
j. If a member or the Chairperson in any way, concerned or interested in any contract
or agreement made by or on behalf of any public authority in the Government of
India or Government of any state or participates in any way in the profit thereof or
in any benefit or emolument arising there from otherwise than as a member and in

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common with the other members of an incorporated company, he shall be deemed

to be guilty of misbehavior.
(3) The following process shall be followed in respect of petitions for the removal of any member
or Chairperson of Lokpal:
(a) Any person may move a petition before the Supreme Court seeking removal of one or
more of the members or Chairperson of Lokpal, alleging one or more of the grounds for removal
and providing evidence for the same.
(b) The Supreme Court will hear the matter on receipt of such petition and may take one
or more of the following steps:
(i) order an investigation by a Special Investigation Team appointed by the
Supreme Court, if a prima facie case is made out and if the matter cannot be judged based
on affidavits of the parties. The Special Investigation Team shall submit its report within
three months.
(ii) Pending investigations by a Special Investigation Team under sub-clause (i),
order withdrawal of a part or complete work from that member.
(iii) dismiss the petition if no case is made out
(iv) if the grounds are proved, recommend to the President for removal of the said
member or Chairperson
(v) direct registration and investigation of cases with appropriate agencies, if there
is a prima facie case of commission of an offence punishable under the Prevention
of Corruption Act or any other law.
(e) The bench shall be constituted by a panel of five seniormost judges of the Supreme
Court.
Provided that the judges who have ever been members of the selection committee or
against whom any complaint is pending in Lokpal shall not be members of the bench.
(f) The Supreme Court shall not dismiss such petitions in liminae.
(g) If the Supreme Court concludes that the petition has been made with mischievous or
malafide motives, the Court may order imposition of fine or imprisonment upto one
year against the complainant.
(h) On receipt of a recommendation from the Supreme Court under clause (b)(iv) supra,
the Prime Minister shall immediately recommend the removal of the member(s) or

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Chairperson of Lokpal to the President, who shall order the removal of the said
member(s) or Chairperson within a month of receipt of the same.

COMPARISON BETWEEN JANLOKPAL BILL WITH LOKPAL AND

LOKAYUKTAS BILL 2011

Features of Janlokpal Bill:

• Janlokpal Bill intends to have zero interference by the government.
• The authority established under this bill will get funds from the Annual Budget which
means independence of funds to some extent.
• Power of expansion will also lie with the Lokpal and the office of Lokpal can make
recommendations regarding this to the Government and these recommendations shall be
binding on the Government.
• The quantum of punishment will be same for the officers committing same offence,
irrespective of their ranks.
• It is also recommended to make CBI an independent investigating body which will report
to the Lopkal’s office. This will give the Lokpal, both the power to investigate as well as
prosecute.
• Judiciary will also come under the ambit of Lokpal along with executive and legislative.
• The Highest Appellate body for Lokpal Courts is to be Supreme Court of India.
• Also all the states to have Lokayuktass, who will have powers similar to that of Lokpal at
the state-level.
• The highest punishment prescribed under this bill is life imprisonment.
• This bill also covers the parliamentary proceedings as well as the statements made the
MPs inside the Parliament.
Features of Lokpal and Lokayuktas Bill:
• This authority set-up under this bill will work under the government’s supervision.
• Even the appointments will be made by the government.
• It exempts Prime Minister of India from its ambit. The reason given is that Prime

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Minister is the head of the council of ministers and for efficient functioning Prime
Minister must remain free of pressure.
• Lokpal can make recommendations regarding increasing the number of courts or judges
but such recommendation will not be binding on the government.
• CBI to remain as a government investigating body and will make investigations for
Lokpal as well. Thus, it will only be a prosecuting body. Higher Judiciary to also remain
outside the ambit of Lokpal the reason being given is that it may infringe the
independence of judiciary. Instead a National Judicial Commission is recommended to be
set-up for this purpose.
• The government’s bill includes all the NGOs, government funded as well as non
government funded.
• Parliamentary proceedings are excluded from the ambit of Lokpal

CASE LAW RELATED TO LOKPAL

In State of Gujarat and Anr. v. Hon'ble Mr. Justice (Retd.) Ramesh Amritlal Mehta and Ors. the
supreme court said “Order shall be passed after following relevant provisions of Act” it looked
into Section 3(2)(a) and 3(2)(b) of Karnataka Lokayuktas Act, 1984 and Section 3(1) of Gujarat
Lokayuktas Act, 1986 which has differentiated “consultation” and “advice”. The wording of the
bill states recommendation which must be strictly followed. Thus chairperson and members
recommendation is binding on Governor to appoint them.

FUNCTIONING OF LOKPAL

The Chairperson shall be responsible for the overall administration and supervision of the
institution of Lokpal. All policy level decisions including formulation of regulations, developing
internal systems for the functioning of Lokpal, assigning functions to various officials in Lokpal,
delegation of powers to various functionaries in Lokpal etc shall be taken by the Chairperson and
the members collectively as a body. The Chairperson shall have an annual meeting with the Prime
Minister to assess the needs of Lokpal for finances and manpower. Lokpal shall be provided

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resources by the Government on the basis of outcome of this meeting. The expenditure so decided
shall be charged to Consolidated Fund of India. The Chairperson and its members of Lokpal shall
take all steps to ensure the integrity of its employees and integrity of all enquiries and
investigations. For this purpose, they shall be competent to make rules, prescribe work norms,
prescribe procedures for swift and effective punishment against inefficient and corrupt employees
and take any other step as they deem fit. ) The Chairperson and members of Lokpal shall be
responsible for and shall be competent to take all steps to ensure that the time limits provided in
this Act are adhered to strictly. Lokpal shall be completely independent of the government in all
matters including administrative, financial and functional. Lokpal shall function in benches of
three or more members. Benches shall be constituted randomly and cases shall be assigned to them
randomly by computer. Each bench shall consist of at least one member with legal background.
Such benches shall be responsible for
(i) Granting permission to initiate prosecution in certain category of cases.
(ii) Hearing cases of complaints against its own staff.
(iii)Appeals in such cases of investigation or vigilance, which are closed by officials of
Lokpal and which are of such categories as are prescribed by Lokpal from time to time.
(iv) Such other orders as may be decided by Lokpal from time to time.
Provided that the full bench of Lokpal may lay down norms as to which category of cases
will be dealt by the benches of members and which cases would be decided at the levels of
Chief Vigilance officers or Vigilance Officers. The norms could be based on loss caused
to the government and/or impact on public and/or the status of the accused.

(6) The Lokpal may decide to initiate investigations into any case suo motu.

(7) The decision to initiate investigation or prosecution against any member of the Cabinet shall
be taken by full bench of Lokpal.

(8) Certain matters, as provided under this Act shall be dealt by the full bench of Lokpal, which
shall consist of at least seven members.
(9) Minutes and records of meetings of Lokpal shall be made public.

INTERPRETATION OF POWERS OF LOKPAL

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Lokpal will have the powers of superintendence and direction, over the Delhi Special Police

Establishment in respect of the matters referred by the Lokpal for preliminary inquiry or

investigation to the Delhi Special Police Establishment under this Act it is provided that

while exercising powers of superintendence or giving direction under this sub-section, the

Lokpal shall not exercise powers in such a manner so as to require any agency (including the

Delhi Special Police Establishment) to whom the investigation has been given, to investigate

and dispose of any case in a particular manner. Hence the provision is clear about the

superintendence or directing powers of the Lokpal.

The bill also direct the Central Vigilance Commission to send a statement, at such interval as

the Lokpal may direct, to the Lokpal in regard of the actions taken on complaints referred to

it and on receipt of such statement, the Lokpal may issue guidelines for effective and expeditious
disposal of such cases. The language of this proviso is plain and simple, the

legislature from this provision intends to give supervisory power to the Lokpal.

The provision of this bill also gives the Inquiry Wing of Lokpal to have all the powers of a

civil court, under the Code of Civil Procedure, 1908, for the purpose of any preliminary

inquiry, while trying a suit in respect summoning, requiring the discovery and production of

any document and also the proceeding before the Lokpal should be deemed to be a judicial

proceeding within the meaning of Indian Penal Code.

Chapter X of the bill includes the issues related to complaints against the Chairperson,

members and officials of the Lokpal. It provides that the chairperson or members can be

removed from the office by the order of the President on grounds of misbehaviour after the

Supreme Court, on a reference being made to it by president. It is intended to strengthen the

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independence and autonomy of the Lokpal by not making it easy to initiate complaints

against Lokpal for the Lokpal’s removal.

GRIEVANCE REDRESSAL SYSTEMS

Each public authority shall be responsible for ensuring the preparation and implementation of
Citizens Charter, within a reasonable time, and not exceeding one year from the coming into force
of this Act. Every Citizens Charter shall enumerate the commitments of the respective public
authority to the citizens, officer responsible for meeting each such commitment and the time limit
with in which the commitment shall be met.

Each public authority shall designate an official called Public Grievance Redressal Officer, whom
a complainant should approach for any violation of the Citizens Charter.

Provided that a public authority shall appoint at least one Public Grievance Redressal Officer in
each station, where they have an office.

Provided further that the Public Grievance Redressal Officer shall either be Head of that
Department or an officer not more than one rank below him but if that station does not have a Head
of Department in any station, the seniormost officer in that station shall be appointed as the Public
Grievance Redressal Officer. ) The Chairperson and members of Lokpal shall be responsible for
and shall be competent to take all steps to ensure that the time limits provided in this Act are
adhered to strictly.

Making a complaint to the Lokpal

(1) Subject to the provisions of this Act, any person may make a complaint under this Act to the
Lokpal.

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Provided that in case of a grievance, if the person aggrieved is dead or for any reason,
unable to act for himself, the complaint may be made or if it is already made may be continued by
his legal representatives or by any other person who is authorized by him in writing in this behalf.
Provided further that a citizen may make a complaint to any office of Lokpal anywhere in
the country. It shall be the duty of that office of Lokpal to transfer it to appropriate officer within
Lokpal.
(2) A complaint could be on a plain paper but should contain all such details as prescribed by
Lokpal.
(2A) After its annual report has been presented in the Parliament, the Comptroller and Auditor
General of India shall forward all such cases, which constitute an allegation under this Act, to the
Lokpal and Lokpal shall act on them as per provisions of this Act.
(3) On receipt of a complaint, the Lokpal shall decide whether it is an allegation or a grievance or
a request for whistleblower protection or a mixture of two or more of these.
(4) Every complaint shall have to be compulsorily disposed of by the Lokpal.
Provided that no complaint shall be closed without giving an opportunity of hearing to the
complainant.

Matters which may be investigated by the Lokpal

Subject to the provisions of this Act, the Lokpal may investigate any action which is taken by or
with the general or specific approval of a public servant where a complaint involving a grievance
or an allegation is made in respect of such action.
Provided that the Lokpal may also investigate such action suo moto or if it is referred to it
by the government, if such action can be or could have been in his recorded opinion, subject of a
grievance or an allegation.

Matters not subject to investigation:-

(1) The Lokpal shall not conduct any investigation under this Act in case of a grievance in respect
of any action-

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(i) if the complainant has or had, any remedy by way of appeal, revision, review or any
other recourse before any authority provided in any other law and he has not availed
of the same.
(ii) Taken by a judicial or quasi-judicial body, unless the complainant alleges malafides
(iii)If the substance of the entire grievance is pending before any court or quasi-judicial
body of competent jurisdiction.
(iv) any grievance where there is inordinate and inexplicable delay in agitating it.
(2) Nothing in this Act shall be construed as authorising the Lokpal to investigate any action which
is taken by or with the approval of the Presiding Officer of either House of Parliament.
(3) Nothing in this section shall bar Lokpal from entertaining a complaint making an allegation of
misconduct or corruption or a complaint from a whistleblower seeking protection.

Provisions relating to complaints and investigation

1-(a) The Lokpal, on receipt of a complaint in the nature of an allegation or a grievance or a

combination of the two, or in a case initiated on his own motion, may on perusing the documents,
either decide to proceed to enquire or investigate into that complaint or decide, to make such
preliminary inquiry before proceeding to enquire or investigate into such complaint or direct any
other person to make such preliminary inquiry as it deems fit for ascertaining whether there exists
a reasonable ground for conducting the investigation. The outcome of such preliminary enquiry,
and if the complaint is being closed along with reasons for the same and all material collected
during preliminary enquiry, shall be communicated to the complainant.
Provided that if any case is closed, all documents related thereto shall thereafter be
treated as public. Every month, a list of all such cases shall be put on the website with
reasons for closing a case. All material connected with such closed cases will be
provided to anyone seeking it under Right to Information Act.
Provided further that no complaint of allegation shall be rejected on the basis of the
motives or intention of the complainant.
Provided further that all hearings before Lokpal shall be video recorded and shall
be available to any member of the public on payment of copying costs.

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(b) The procedure for preliminary enquiry of a complaint shall be such as the Lokpal
deems appropriate in the circumstances of the case and in particular, the Lokpal may,
if it deems necessary to do so, call for the comments of the public servant concerned.
Provided that the preliminary enquiry should be completed and a decision taken
whether to close a case or to proceed with investigations preferably within one month
of receipt of any complaint, and positively within three months. Where the preliminary
enquiry has not been completed within one month, reasons for the delay will be
recorded in writing at the completion of the enquiry and made public.
(c) No anonymous complaint shall be entertained under this Act. The Complainant will
have to reveal his identity to the Lokpal. However, if the complainant so desires, his
identity shall be protected by Lokpal.
 the Lokpal proposes, either directly or after making preliminary inquiry, to conduct any
investigation under this Act, it.-
(a) may make such order as to the safe custody of documents relevant to the
investigation, as it deems fit

(b) at appropriate stage of investigations or in the end, it shall forward a copy of the complaint, its
findings and copy of the material relied upon to the public servant concerned and the complainant,
(c) shall afford to such public servant and the complainant an opportunity to offer
comments and be heard.
Provided that such hearing shall be held in public, except in rare circumstances, to
be recorded in writing, where it is not in public interest and in the interest of justice
to hold it in public, it will be held in camera.
 The conduct of an investigation under this Act against a public servant in respect of any
action shall not affect such action, or any power or duty of any other public servant to
take further action with respect to any matter subject to the investigation.
 If, during the course of a preliminary inquiry or investigation under this Act, the Lokpal
is prima facie satisfied that the allegation or grievance in respect of any action is likely
to be sustained either wholly or partly, it may, through an interim order, recommend the
public authority to stay the implementation or enforcement of the decision or action
complained against, or to take such mandatory or preventive action, on such terms and

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conditions, as it may specify in its order to prevent further harm from taking place. The
public authority shall either comply with or reject the recommendations of Lokpal under
this sub-section within 15 days of receipt of such an order. Lokpal, if it feels important,
may approach appropriate High Court for seeking appropriate directions to the public
authority.
 The Lokpal, either during the course of investigations, if it is satisfied that prosecution
is likely to be initiated in that case, or at the end of the investigations at the time of
initiating prosecution, shall make a list of moveable and immoveable assets of all the
accused in that case and shall notify the same. No transfer of the same shall be permitted
after such notification. In the event of final conviction, the trial court may, in addition to
other measures, recover the loss determined under section 19 of this Act from this
property.
 If during the course of investigation or enquiry into a complaint, the Lokpal feels that
continuance of a public servant in that position could adversely affect the course of
investigations or enquiry or that the said public servant is likely to destroy or tamper with
the evidence or influence the witnesses, the Lokpal may issue appropriate
recommendations including transfer of that public servant from that position or his
suspension, if he is a government servant. The public authority shall either comply with
or reject the recommendations of Lokpal under this sub-section within 15 days of receipt
of such an order. Lokpal, if it feels important, may approach appropriate High Court for
seeking appropriate directions to the public authority.
 The Lokpal may, at any stage of inquiry or investigation under this Act, direct through
an interim order, appropriate authorities to take such action as is necessary, pending
inquiry or investigation.-
(a) to safeguard wastage or damage of public property or public revenue by the
administrative acts of the public servant;
(b) to prevent further acts of misconduct by the public servant;
(c) to prevent the public servant from secreting the assets allegedly acquired by
him by corrupt means;
The public authority shall either comply with or reject the recommendations of
Lokpal under this sub-section within 15 days of receipt of such an order. Lokpal, if

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it feels important, may approach appropriate High Court for seeking appropriate
directions to the public authority.
 Where after investigation into a complaint, the Lokpal is satisfied that the complaint
involving an allegation against the public servant, other than the Ministers, Members of
Parliament and judges, is substantiated and that the public servant concerned should not
continue to hold the post held by him, the Lokpal shall pass orders to that effect. In case
of public servant being a Minister, Lokpal shall make such recommendation to the
President, who shall decide either to accept such recommendation or reject it within a
month of its receipt.
Provided that the provisions of this section shall not apply to the Prime Minister.
 All records and information of Lokpal shall be public and shall be accessible under Right
to Information Act, even at the stage of investigation or enquiry, unless the release of
such information would adversely affect the process of enquiry or investigation.

Recovery of Loss to the Government and punishment

Recovery of loss to the Government

When a person is convicted of an offence under the Prevention of Corruption Act 1988, then the
trial court shall quantify the loss caused to the government and additional gains that the accused
would have earned by investing the proceeds of corruption and apportion such total amount
amongst various convicts from whom this money must be recovered as arrears of land revenue.

Punishments for offences

For offences mentioned in Chapter III of the Prevention of Corruption Act, the proviso to section
2(4) of this Act and section 28A of this Act, the punishment shall not be less than one year of
rigorous imprisonment and may extend upto life imprisonment.
Provided that the punishment shall be more severe if the accused is higher in rank.

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Provided further that if the offence is of the nature mentioned in the proviso to section 2(4) of this
Act and if the beneficiary is a business entity, in addition to other punishments mentioned in this
Act and under the Prevention of Corruption Act, a fine amounting to five times the loss caused to
the public shall be recovered from the accused and the recovery may be done from the assets of
the business entity and from the personal assets of all its Directors, if the assets of the accused are
inadequate.

Receiving and disposing complaints against Judges of High Courts or Supreme Court

(1) Any complaint against any Judge of a High Court or Supreme Court shall be dealt only by the
office of the Chairperson of Lokpal.
(2) Each such complaint shall be subjected to a preliminary screening, which shall determine
whether prima facie evidence exists of an offence under Prevention of Corruption Act. The
screening shall be done by a member of Lokpal, who shall then present his findings to a full bench
of Lokpal.
Provided that such full bench shall have at least three legal members.
(3) A case shall not be registered without the approval of a full bench of Lokpal with majority of
members of that bench being from legal background.
(4) Such case shall be investigated by a special team headed by an officer not below the rank of a
Superintendent of Police.
(5) A decision whether to initiate prosecution shall be taken by a full bench of Lokpal with majority
of members with legal background.

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CONCLUSION

There are a number of problems with regard to jurisdiction, authority and power. These sections
have to be again looked into by the government for an effective functioning of the Lokpal. Also,if
these anomalies prevail it will pose problems to common people. Also, chances are that these
sections will be challenged in court of law and some of them are liable to be stuck down as they
go against the basic essence of the constitution of India and even infringes fundamental rights.
Ambit of Lokpal is also restricted by legislature. Because of this the Lokpal can look into a limited
number of corruption charges. This to a certain extent led to the failure of legislative intention to
curb corruption. The scope of increasing the authority of Lokpal is very wide and as it is to a great
extent an independent body it can be a good option. Therefore, as we read the Lokpal we realize it
is a commendable effort of the legislature to check corruption in India. If properly implemented it
will surely control corruption to a great extent although due to its limitations it will not be a one
stop solution to all the problems a common man faces.

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BIBLIOGRAPHY

Articles

 Vinod Bhanu, Political of Lokpal: a way beyond, CRLA Research Paper Series: No.1,
April2011

Books

 P.ST.J. Langan, ed., Maxwell on the Interpretation of Statues, (12th ed., 1969 ed./2010
reprint, LexisNexis Butterworths Wadhwa Nagpur)

 Legislations

 Indian penal Code,1860

 Code of Civil Procedure,1908
 Lokpal and Lokayuktats Bill,1988
 Central Vigilange Commission Act,2003
 The Constitution of India

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