9/10/23, 1:54 PM Lokpal and Lokayuktas under the Lokpal and Lokayukta Act, 2013

1. Introduction
2. What are Lokpal and Lokayuktas?
3. Origin and History
3.1. Lokpal and Lokayukta Amendment Act, 2016
4. Structure of the Lokpal
4.0.1. Term and appointment to the office of Lokpal
5. Lokpal search committee
6. Jurisdiction and powers of Lokpal
7. Limitations
8. Conclusion

Introduction
Maladministration is like a termite that slowly erodes the foundation of a nation. It hinders
administration from completing its task. Corruption is the root cause of this problem that our
country faces. Though there are many anti-corruption agencies in India, most of these anti-
corruption agencies are hardly independent. Even the CBI has been termed as a “caged parrot”
and “its master’s voice” by the Supreme Court of India.

Many of these agencies are only advisory bodies with no effective powers to deal with this evil of
corruption and their advice is rarely followed. There also exists the problem of internal
transparency and accountability. Moreover, there is not any effective and separate mechanism to
maintain checks on such agencies.

In this context, an independent institution of Lokpal and Lokayukta has been a landmark move in
the history of Indian polity which offered a solution to the never-ending menace of corruption. It
provides a powerful and effective measure to counter corruption at all levels of the government.

What are Lokpal and Lokayuktas?

The Lokpal and Lokayukta Act, 2013 mandated for the establishment of Lokpal at the Union level
and Lokayukta at the State level. Lokpal and Lokayuktas are statutory bodies and these do not
have any constitutional status. These institutions perform the function and role of an
“Ombudsman” (an official appointed to investigate individuals’ complaints against a company or 
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In the case where any non-governmental organization receives funds of more than Rs. 1 crore
from government or receives foreign funding of more than Rs. 10 lakh then the assets of the
trustees and board members were to be disclosed to the Lokpal. The bill provided an extension
to the time limit given to trustees and board members to declare their assets and those of their
spouses.

Structure of the Lokpal

Let us try to understand the structure of the Lokpal. Lokpal is a multi-member body consisting of
one chairperson and a maximum of 8 members.

The person to be appointed as the chairperson of the Lokpal must be either:

1. The former Chief Justice of India; or

2. The former Judge of the Supreme Court; or

3. An eminent person with impeccable integrity and outstanding ability, who must possess
special knowledge and a minimum experience of 25 years in matters relating to:
1. Anti-corruption policy;

2. Public administration;

3. Vigilance;

4. Finance including insurance and banking;

5. Law and management.

The maximum number of members must not exceed eight. These eight members must
constitute:

Half members to be judicial members;

Minimum 50% of the Members should be from SC/ ST/ OBC/ minorities and women.

The judicial member of the Lokpal must be either:

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A former Judge of the Supreme Court or;

A former Chief Justice of the High Court.

The non-judicial member of the Lokpal needs to be an eminent person with flawless integrity and
outstanding ability. The person must possess special knowledge and an experience of a minimum
of 25 years in matters relating to:

Anti-corruption policy;

Public administration;

Vigilance;

Finance including insurance and banking;

Law and management.

Term and appointment to the office of Lokpal

Lokpal Chairman and the Members can hold the office for a term of 5 years or till they attain the
age of 70 years, whichever is earlier. The members and the chairman of Lokpal are appointed by
the president on the recommendation of a selection committee.

The selection committee consists of:

The Prime Minister of India;

The Speaker of Lok Sabha;

The Leader of Opposition in Lok Sabha;

The Chief Justice of India or any Judge nominated by Chief Justice of India;

One eminent jurist.

The Prime Minister is the Chairperson of the selection committee. The selection of the
chairperson and the members is carried out by a search panel of at least eight persons,
constituted by the selection committee.
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Prime Minister, Ministers,

Members of Parliament,

Groups A, B, C and D officers,

Officials of Central Government.

The Jurisdiction of the Lokpal extends to the Prime Minister, except in the cases of allegations of
corruption relating to:

International relations;

Security;

The public order;

Atomic energy and space.

The jurisdiction of the Lokpal does not include ministers and members of Parliament in the
matter relating to:

Any speeches delivered in the Parliament or;

For a vote cast in the Parliament.

Lokpal’s jurisdiction also includes:

Every person who is or has been in charge (director/ manager/ secretary) of a body or a
society set up by the act of central government,

Any society or body financed or controlled by the central government,

Any person involved in act of abetting,

Bribe giving or bribe-taking.

The Lokpal and Lokayukta Act states that all public officials need to furnish their assets and
liabilities as well as their respective dependents. The Lokpal also possesses the powers to
superintendence over the CBI. It also has the authority to give direction to CBI. If a case is 
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referred to CBI by the Lokpal, then the investigating officer in such a case cannot be transferred
without the prior approval of the Lokpal. The powers of a civil court have been vested with the
Inquiry Wing of the Lokpal.

The Lokpal also possesses powers regarding the confiscation of assets, proceeds, receipts, and
benefits arisen or procured by means of corruption in special circumstances. It also has the
power to make recommendations regarding the transfer or suspension of public servants
connected with the allegations of corruption.

Lokpal is capable of giving directions to prevent the destruction of records during the preliminary
inquiry.

Limitations
The institution of Lokpal came up as a much-needed change in the battle against corruption. The
Lokpal was a weapon to curtail the corruption that was spreading in the entire administrative
structure of India. But at the same time, there are loopholes and lacunae which need to be
corrected. The appointing committee of Lokpal consists of members from political parties that put
Lokpal under political influence.

There are no criteria to decide who is an ‘eminent jurist’ or ‘a person of integrity’ which
manipulates the method of the appointment of Lokpal. The Lokpal and Lokayukta Act 2013 failed
to provide any kind of concrete immunity to the whistleblowers. The provision related to the
initiation of inquiry against the complainant, in cases where the accused is found innocent, leads
to discouraging people from making complaints. One of the biggest lacunae is the exclusion of
the judiciary from the ambit of the Lokpal.

The Lokpal does not have any constitutional backing. Also, there are no adequate provisions for
appeal against the actions of Lokpal. The states have complete discretion with respect to the
specific details in relation to the appointment of Lokayukta. The need for functional independence
of the CBI has been catered to some extent, by the change brought forth in the selection
process of CBI’s Director, by the Lokpal and Lokayukta Act.

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The Lokpal and Lokayukta Act also mandates that no complaint against corruption can be
registered after a period of seven years from the date on which the mentioned offense is alleged
to have been committed.

Conclusion
In order to tackle the problem of corruption, the institution of the ombudsman should be
strengthened both in terms of functional autonomy and the availability of manpower. The
appointment of Lokpal in itself is not enough. The government should address the issues based
on which people are demanding a Lokpal. Merely adding to the strength of investigative agencies
will increase the size of the government but not necessarily improve governance. The slogan
adopted by the government of “less government and more governance”, should be followed in
letter and spirit.

Moreover, Lokpal and Lokayukta must be financially, administratively and legally independent of
those whom they are called upon to investigate and prosecute. Lokpal and Lokayukta
appointments must be done transparently so as to minimize the chances of the wrong sorts of
people getting in. There is a need for a multiplicity of decentralized institutions with appropriate
accountability mechanisms, to avoid the concentration of too much power in any one institution
or authority.

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